N.Y. Education Law § 3635-b: Authorization to provide pupil transportation in child safety zones

§ 3635-b. Authorization to provide pupil transportation in child

safety zones. 1. This section shall apply where the board of education

or trustees of a common, central, central high school, union free school

district, or city school district of a city with less than one hundred

twenty-five thousand inhabitants adopts a resolution to make

transportation in child safety zones available to resident pupils for a

particular school year. Such resolution shall continue in effect for

subsequent school years until the board adopts a resolution providing

otherwise.

2. A board of education or board of trustees is authorized to adopt a

resolution providing for pupil transportation in child safety zones,

where applicable, of a proposition to expend money for such

transportation presented pursuant to the provisions of subdivision

nineteen of section two thousand twenty-one and section two thousand

twenty-two of this chapter. Such transportation may be provided without

regard to like circumstances based solely upon the fact that the pupil

resides within two miles, in the case of a pupil in grade kindergarten

through eight, and within three miles, in the case of a pupil in grade

nine through twelve, from the school such pupil legally attends,

notwithstanding the provisions of section thirty-six hundred thirty-five

of this article. Such transportation may be provided upon the

determination by the board that a hazardous zone exists which in the

opinion of the board would be reasonably alleviated by the establishment

of a child safety zone. For purposes of this section, child safety zone

means a designated area of a school district, including at least one

personal residence, within which children who reside at a lesser

distance from the school they legally attend than the minimum

transportation limit of the district will be provided transportation on

the basis that their most direct walking route to school will traverse a

hazardous zone.

3. The commissioner of transportation shall establish regulations for

determination of a hazardous zone including, but not limited to, such

factors as the existence or nonexistence of sidewalks or walkways, the

type of road surface, width of road, footpath or sidewalk, the volume

and average speed of traffic, density of population, violent crime

statistics, density of vacant buildings or structures, the commercial,

industrial or residential character of the area and the existence or

nonexistence of traffic safety features such as traffic lights, street

lights and traffic patrols. In preparing such regulations, the

commissioner of transportation shall consult with the commissioners of

education and motor vehicles and representatives from the state police

who have traffic safety responsibilities. Such regulations shall be used

by boards of education in determining whether a hazardous zone exists.

4. The board of education of any school district shall, upon written

petition of a parent or other person in parental relation of a child

residing within such district or of any representative authorized by

such parent or other person in parental relation, signed by twenty-five

qualified voters of the district or five percent of the number of voters

who voted in the previous annual election of the members of the board of

education, whichever is greater, make an investigation to determine

whether a hazardous zone exists requiring the establishment of a child

safety zone. Petitions shall specify the geographic boundaries

comprising the proposed hazardous zone and any child safety zone

requested. Petitions and/or additional written requests from individual

parents or persons in parental relation requesting designation of an

area as a child safety zone in conjunction with any proposed or existing

hazardous zone may be submitted provided that such petitions and/or

requests shall not be submitted later than the first day of March

preceding the school year for which transportation is requested. The

school board shall make its determination before the board presents the

budget for the school year for which transportation is requested. The

parent or other person in parental relation of a child not residing in

the district on the first day of March may submit a request within

thirty days after establishing residence in the district, but in no

event later than the first day of July of the school year for which

transportation is requested and the board shall make its determination

within thirty days of receipt of such request.

5. The board of education or board of trustees of any school district

may directly, or by appointment of an advisory committee, make an

investigation to determine if a hazardous zone exists within such

district. Such investigation shall be made pursuant to the regulations

of the commissioner of transportation and shall include consultation

with state or local transportation authorities and the investigation of

other, less costly, reasonable alternatives to the creation of a child

safety zone. If, after such investigation, the board shall determine

that a hazardous zone exists which can be reasonably alleviated, in the

opinion of the board, only by establishing a child safety zone and

providing transportation in and through such child safety zone, and that

no reasonable, less costly alternatives to such transportation exist to

alleviate the situation, the board may adopt a separate resolution to

expend money for transportation in child safety zones at the annual

district meeting.

6. Where the trustees or board of education determines after the

annual district meeting is held that the designation of a new hazardous

safety zone is needed as a result of a change in circumstances that was

unknown to the board and not reasonably foreseeable at the time of the

annual meeting, the trustees or board of education may call a special

district meeting to vote on a proposition to expend money for

transportation in child safety zones. The trustees or board of education

shall establish procedures for submission of petitions and requests by

individual parents or persons in parental relation for the designation

of child safety zones in conjunction with the proposed hazardous zone.

7. Whenever a school board determines that a hazardous safety zone

exists or that a child safety zone should be established, it shall

notify the petitioner, each requestor of a child safety zone and any

state or local entity with jurisdiction over roadways or property within

such zone.

8. The board of education or board of trustees shall conduct a public

hearing with appropriate public notice, upon the board's determination

that a hazardous zone no longer exists or that the need for continuation

of a child safety zone has been alleviated and that such designation is

to be rescinded. Within twenty days after the public hearing, the board

shall, by resolution, determine that a hazardous zone continues to exist

or no longer exists and that the need for continuation of a child safety

zone has or has not been alleviated and that the designation is or is

not rescinded.

9. In the event that the school board determines that a hazardous zone

does not exist, or that other, less costly, reasonable alternatives to

the establishment of a child safety zone exist and may be used to

alleviate the situation, it shall fully state the reasons for such

determination in writing to the petitioner.

10. The cost of providing transportation, pursuant to the provisions

of this section, shall be an ordinary contingent expense and shall be

included as an item of expense for purposes of determining the

transportation quota of such district.

12. Nothing in this section shall be construed to impose a duty upon

school boards to provide transportation services pursuant to this

section nor shall any board of education or board of trustees be held

liable for failure to provide transportation pursuant to this section.

The determination that a hazardous zone exists or that a child safety

zone has been established, and the petitions, investigatory materials

and decision making documents created or reviewed in making such

determination, shall not be admissible as evidence or used in civil

litigation or any suit or action for damages, nor shall any school board

members, school board trustee, school employee, governmental official or

any other individual be compelled or permitted, whether by subpoena or

other process, to testify in any such civil litigation regarding such

determination. A school board member, trustee, school officer or

employee shall have immunity from any civil or criminal liability that

might otherwise be incurred or imposed as a result of the provisions of

this section provided that such person shall have acted in good faith.

For the purpose of any proceeding, civil or criminal, the good faith of

any such person shall be presumed.

13. The commissioner shall submit a report on the status of pupil

transportation in child safety zones to the governor, the speaker of the

assembly, the temporary president of the senate, and the chairs of the

assembly and senate standing education committees, prior to January

first, two thousand one. The report shall, at a minimum, include the

number of child safety zones established across the state and the total

number of pupils transported per zone. The report shall also include the

commissioner's recommendations for modification of the child safety zone

provisions, including, but not limited to, the granting of state

transportation aid for pupil transportation within such zones and the

process by which child safety zones are established.