N.Y. Education Law § 3627: Transportation after 4pm

§ 3627. Transportation after 4pm. 1. Notwithstanding any other

provisions of this section to the contrary, for the two thousand

thirteen--two thousand fourteen and two thousand fourteen--two thousand

fifteen school year and thereafter, a city school district located in a

city having a population of one million or more providing transportation

pursuant to this chapter shall be responsible for:

(a) providing transportation for those children attending public and

nonpublic schools in grades kindergarten through six who remain at the

same school for which they are enrolled for regularly scheduled academic

classes from half-past nine o'clock in the morning or earlier until four

o'clock in the afternoon or later, on weekdays, and reside at least one

mile from their school of attendance for grades three through six, and

at least one-half mile from their school of attendance for grades

kindergarten through two or

(b) reimbursing the cost incurred by licensed transportation carriers

pursuant to contracts with such school district for providing

transportation for those children attending public and nonpublic schools

in grades kindergarten through six who remain at the same school for

which they are enrolled for regularly scheduled academic classes from

half-past nine o'clock in the morning or earlier until four o'clock in

the afternoon or later, on weekdays, and reside at least one mile from

their school of attendance for grades three through six, and at least

one-half mile from their school of attendance for grades kindergarten

through two.

2. Nothing herein shall prohibit the school district from reimbursing

for costs incurred for contracts between the school district and any

entity providing or contracting for such transportation service.

3. A district shall not be deemed to have satisfied its obligation

under this section by providing public service transportation.

4. Notwithstanding any other provision of law to the contrary, any

expenditures for transportation provided pursuant to this section in the

two thousand thirteen--two thousand fourteen school year and thereafter

and otherwise eligible for transportation aid pursuant to subdivision

seven of section thirty-six hundred two of this article shall be

considered approved transportation expenses eligible for transportation

aid, provided further that for the two thousand thirteen--two thousand

fourteen school year such aid shall be limited to eight million one

hundred thousand dollars and for the two thousand fourteen--two thousand

fifteen school year such aid shall be limited to the sum of twelve

million six hundred thousand dollars plus the base amount and for the

two thousand fifteen--two thousand sixteen school year through two

thousand eighteen--two thousand nineteen school year such aid shall be

limited to the sum of eighteen million eight hundred fifty thousand

dollars plus the base amount and for the two thousand nineteen--two

thousand twenty school year such aid shall be limited to the sum of

nineteen million three hundred fifty thousand dollars plus the base

amount and for the two thousand twenty--two thousand twenty-one school

year such aid shall be limited to the sum of nineteen million eight

hundred fifty thousand dollars plus the base amount and for the two

thousand twenty-two--two thousand twenty-three school year such aid

shall be limited to the sum of twenty-two million three hundred fifty

thousand dollars plus the base amount and for the two thousand

twenty-three--two thousand twenty-four school year such aid shall be

limited to the sum of twenty-four million eight hundred fifty thousand

dollars plus the base amount and for the two thousand twenty-four--two

thousand twenty-five school year such aid shall be limited to the sum of

twenty-nine million eight hundred fifty thousand dollars plus the base

amount and for the two thousand twenty-five--two thousand twenty-six

school year and thereafter such aid shall be limited to the product of

(i) the maximum amount of aid authorized by this subdivision for the

base year, and (ii) the sum of one plus the product of (a) two and

one-half multiplied by (b) the percentage increase in the consumer price

index as defined in paragraph hh of subdivision one of section

thirty-six hundred two of this article. For purposes of this

subdivision, "base amount" means the amount of transportation aid paid

to the school district for expenditures incurred in the two thousand

twelve--two thousand thirteen school year for transportation that would

have been eligible for aid pursuant to this section had this section

been in effect in such school year, except that subdivision six of this

section shall be deemed not to have been in effect. And provided further

that the school district shall continue to annually expend for the

transportation described in subdivision one of this section at least the

expenditures used for the base amount.

5. Notwithstanding any other provision of this section to the

contrary, in no event shall such city school district, in order to

comply with the requirements of this section, be required to incur any

costs in excess of the amount eligible for transportation aid pursuant

to subdivision four of this section. In the event such amount is

insufficient, the city school district of New York shall provide

transportation services within such amount on an equitable basis, until

such apportionment is exhausted.

6. The chancellor of such school district, in consultation with the

commissioner, shall prescribe the most cost effective system for

implementing the requirements of this section, taking into

consideration: (a) the costs associated with paragraphs (a) and (b) of

subdivision one of this section, and (b) policies that attempt to

maximize student safety for the student to be transported, which for

purposes of this section shall include whether the pick up or drop off

site of the transportation is:

(i) not further than 600 feet from the student's residence; and/or

(ii) at the same locations for any family that have children at the

same residence who attend two or more different schools.

7. (a) In the event the chancellor has not satisfied a district's

obligation under this section, a parent or guardian or any

representative authorized by such parent or guardian of a child eligible

to receive transportation under this section may request the

commissioner to arrange for the provision of the transportation to so

satisfy the requirements of this section.

(b) If within sixty days of receiving a request from such a parent or

guardian or any representative authorized by such parent or guardian,

the commissioner determines that the chancellor has not satisfied a

district's obligation under this section, then the commissioner shall

immediately direct the chancellor to contract with a licensed

transportation carrier to provide the transportation required pursuant

to this section.

(c) In the event the chancellor is directed by the commissioner to

contract with a licensed transportation carrier to provide the

transportation required pursuant to this section, the chancellor shall

provide the commissioner with a copy of such proposed contract, before

it becomes effective, and the commissioner shall have the power to

approve, disapprove or require amendments to such contract before it

shall become effective.

(d) A district, determined by the commissioner to not be in compliance

with the requirements of this section, shall be responsible for the cost

of any transportation contract awarded by the chancellor.

8. The parent or guardian, or any representative authorized by such

parent or guardian, may submit a written request for transportation

under this section, in the same manner and upon the same dates as are

required for a request for transportation pursuant to subdivision two of

section thirty-six hundred thirty-five of this article.