§ 3621 — Definitions

§ 3621. Definitions. As used in this part and subdivision seven of\nsection thirty-six hundred two of this article:\n 1. "School district" means common school districts, to the extent that\nthey provide transportation of students in grades seven through twelve\nto a school outside the district, consolidated school districts, central\nschool districts, central high school districts, union free school\ndistricts, except special act school districts as defined in section\nfour thousand one of this chapter, and city school districts.\nNotwithstanding any provision contained in this chapter to the contrary,\nthe transportation aid provided, pursuant to subdivision seven of\nsection thirty-six hundred two of this article and this part shall not\nbe apportioned and paid to any school district not maintaining a home\nschool, or to a common school for pupils in kindergarten through grade\nsix.\n 2. a. "Pupil" means a child for whom transportation aid is paid and\nwho lives more than one and one-half miles from the school which he or\nshe attends, measured by the nearest available road to such school, or a\nchild who lives more than one mile from an approved route, measured by\nthe nearest available road to such route, and also lives more than one\nand one-half miles from the school which he or she attends. Nothing\ncontained in this subdivision shall be deemed to require a school\ndistrict to furnish transportation to a child who, if a student in an\nelementary grade, lives less than two miles or, if a student in an\nacademic grade, lives less than three miles from the school which he or\nshe attends, measured by the nearest available road. "Pupil" also means\na child living more than one and one-half miles from the school which he\nor she attends who is transported between home and school by a regional\nor joint transportation system. "Pupil" also means a child of a pupil\nlegally attending an elementary or secondary school who receives\ntransportation pursuant to paragraph f of subdivision one of section\nthirty-six hundred thirty-five of this article and who lives more than\none and one-half miles from the school which his or her parent attends,\nmeasured by the nearest available road to such school, or such a child\nwho lives more than one mile from an approved route, measured by the\nnearest available road to such route, and also lives more than one and\none-half miles from the school which his or her parent legally attends.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nany school district which provides transportation pursuant to an order\nof the commissioner, dated the fourth day of August, nineteen hundred\nseventy-eight, for pupils attending grades kindergarten through four who\nlive more than eight-tenths of a mile but less than one and one-half\nmiles from the school they legally attend shall be entitled to an\napportionment on the cost of such transportation pursuant to subdivision\nseven of section thirty-six hundred two of this article.\n c. Notwithstanding the provisions of paragraph a of this subdivision,\nany school district which provides transportation pursuant to an order\nof the commissioner, dated the nineteenth day of August, nineteen\nhundred seventy-seven, for elementary pupils who live more than\neight-tenths of a mile but less than one and one-half miles from the\nschool they legally attend, or such other distance as the board of\neducation may establish with the prior approval of the commissioner,\nshall be entitled to an apportionment on the cost of such transportation\npursuant to subdivision seven of section thirty-six hundred two of this\narticle.\n 3. "Route" means a highway or highways over and upon which a school\nbus regularly travels in accordance with a schedule maintained for the\ntransportation of pupils from their homes to school.\n 4. "Total annual mileage" means the actual mileage for all purposes\nattributable to district-owned school buses for the school year period\nof July first through June thirtieth, based on odometer readings,\nincluding mileage for school buses disposed of during the July first\nthrough June thirtieth period.\n 5. "Total annual allowable mileage" means the actual mileage for\ntransporting pupils to and from school once daily over scheduled routes\nattributable to district-owned or leased school buses for the school\nyear period of July first through June thirtieth, based odometer\nreadings, including mileage for school buses disposed of during the July\nfirst through June thirtieth period.\n 6. "School bus" means any vehicle or other means of conveyance used\nfor the purpose of transporting pupils.\n 7. "Storage" means any school bus garage facilities or sites which may\nbe approved by the commissioner.\n 8. "Regional or joint transportation system" means a transportation\nsystem in which a school district participates pursuant to a contract\nexecuted in accordance with paragraph h of subdivision twenty-five of\nsection seventeen hundred nine of this chapter.\n 9. "District share of the cost of regional or joint transportation\nsystems" shall mean the share of the cost of such transportation\nprorated among all the school district or districts and board or boards\nof cooperative educational services participating in the regional or\njoint transportation, as determined in accordance with regulations\npromulgated by the commissioner, provided that in no case shall there be\nany deduction made in determining transportation aid on the basis of bus\nmileage travelled in transporting children pursuant to a contract\nexecuted in accordance with paragraph h of subdivision twenty-five of\nsection seventeen hundred nine of this chapter and provided that\ntransportation aid for jointly operated transportation system shall be\ndetermined in the same manner as for individual school districts.\n 10. School bus stop-arm. The term "school bus stop-arm" means an\nauxiliary device conforming to the standards established by the\ncommissioner pursuant to subdivision twenty-one-c of section three\nhundred seventy-five of the vehicle and traffic law.\n 11. School bus back up beeper. The term "school bus back up beeper"\nmeans an auxiliary device conforming to the standards established by the\ncommissioner pursuant to subdivision twenty-one-d of section three\nhundred seventy-five of the vehicle and traffic law.\n 12. School bus front crossing arm. The term "school bus front crossing\narm" means an auxiliary device conforming to the standards established\nby the commissioner pursuant to subdivision twenty-one-e of section\nthree hundred seventy-five of the vehicle and traffic law.\n 13. School bus safety sensor device. The term "school bus safety\nsensor device" means an auxiliary device conforming to the standards\nestablished by the commissioner pursuant to subdivision twenty-one-f of\nsection three hundred seventy-five of the vehicle and traffic law.\n 14. "Exterior reflective markings" shall mean the exterior reflective\nmarking required to be attached to school buses pursuant to subdivision\ntwenty-one-h of section three hundred seventy-five of the vehicle and\ntraffic law.\n 15. School bus engine fire suppression system. The term "school bus\nengine fire suppression system" shall mean an auxiliary device required\nto be installed pursuant to subdivision twenty-one-i of section three\nhundred seventy-five of the vehicle and traffic law and which conforms\nto standards established by the commissioner of transportation pursuant\nto such subdivision.\n