§ 3627 — Transportation after 4pm

§ 3627. Transportation after 4pm. 1. Notwithstanding any other\nprovisions of this section to the contrary, for the two thousand\nthirteen--two thousand fourteen and two thousand fourteen--two thousand\nfifteen school year and thereafter, a city school district located in a\ncity having a population of one million or more providing transportation\npursuant to this chapter shall be responsible for:\n (a) providing transportation for those children attending public and\nnonpublic schools in grades kindergarten through six who remain at the\nsame school for which they are enrolled for regularly scheduled academic\nclasses from half-past nine o'clock in the morning or earlier until four\no'clock in the afternoon or later, on weekdays, and reside at least one\nmile from their school of attendance for grades three through six, and\nat least one-half mile from their school of attendance for grades\nkindergarten through two or\n (b) reimbursing the cost incurred by licensed transportation carriers\npursuant to contracts with such school district for providing\ntransportation for those children attending public and nonpublic schools\nin grades kindergarten through six who remain at the same school for\nwhich they are enrolled for regularly scheduled academic classes from\nhalf-past nine o'clock in the morning or earlier until four o'clock in\nthe afternoon or later, on weekdays, and reside at least one mile from\ntheir school of attendance for grades three through six, and at least\none-half mile from their school of attendance for grades kindergarten\nthrough two.\n 2. Nothing herein shall prohibit the school district from reimbursing\nfor costs incurred for contracts between the school district and any\nentity providing or contracting for such transportation service.\n 3. A district shall not be deemed to have satisfied its obligation\nunder this section by providing public service transportation.\n 4. Notwithstanding any other provision of law to the contrary, any\nexpenditures for transportation provided pursuant to this section in the\ntwo thousand thirteen--two thousand fourteen school year and thereafter\nand otherwise eligible for transportation aid pursuant to subdivision\nseven of section thirty-six hundred two of this article shall be\nconsidered approved transportation expenses eligible for transportation\naid, provided further that for the two thousand thirteen--two thousand\nfourteen school year such aid shall be limited to eight million one\nhundred thousand dollars and for the two thousand fourteen--two thousand\nfifteen school year such aid shall be limited to the sum of twelve\nmillion six hundred thousand dollars plus the base amount and for the\ntwo thousand fifteen--two thousand sixteen school year through two\nthousand eighteen--two thousand nineteen school year such aid shall be\nlimited to the sum of eighteen million eight hundred fifty thousand\ndollars plus the base amount and for the two thousand nineteen--two\nthousand twenty school year such aid shall be limited to the sum of\nnineteen million three hundred fifty thousand dollars plus the base\namount and for the two thousand twenty--two thousand twenty-one school\nyear such aid shall be limited to the sum of nineteen million eight\nhundred fifty thousand dollars plus the base amount and for the two\nthousand twenty-two--two thousand twenty-three school year such aid\nshall be limited to the sum of twenty-two million three hundred fifty\nthousand dollars plus the base amount and for the two thousand\ntwenty-three--two thousand twenty-four school year such aid shall be\nlimited to the sum of twenty-four million eight hundred fifty thousand\ndollars plus the base amount and for the two thousand twenty-four--two\nthousand twenty-five school year such aid shall be limited to the sum of\ntwenty-nine million eight hundred fifty thousand dollars plus the base\namount and for the two thousand twenty-five--two thousand twenty-six\nschool year and thereafter such aid shall be limited to the product of\n(i) the maximum amount of aid authorized by this subdivision for the\nbase year, and (ii) the sum of one plus the product of (a) two and\none-half multiplied by (b) the percentage increase in the consumer price\nindex as defined in paragraph hh of subdivision one of section\nthirty-six hundred two of this article. For purposes of this\nsubdivision, "base amount" means the amount of transportation aid paid\nto the school district for expenditures incurred in the two thousand\ntwelve--two thousand thirteen school year for transportation that would\nhave been eligible for aid pursuant to this section had this section\nbeen in effect in such school year, except that subdivision six of this\nsection shall be deemed not to have been in effect. And provided further\nthat the school district shall continue to annually expend for the\ntransportation described in subdivision one of this section at least the\nexpenditures used for the base amount.\n 5. Notwithstanding any other provision of this section to the\ncontrary, in no event shall such city school district, in order to\ncomply with the requirements of this section, be required to incur any\ncosts in excess of the amount eligible for transportation aid pursuant\nto subdivision four of this section. In the event such amount is\ninsufficient, the city school district of New York shall provide\ntransportation services within such amount on an equitable basis, until\nsuch apportionment is exhausted.\n 6. The chancellor of such school district, in consultation with the\ncommissioner, shall prescribe the most cost effective system for\nimplementing the requirements of this section, taking into\nconsideration: (a) the costs associated with paragraphs (a) and (b) of\nsubdivision one of this section, and (b) policies that attempt to\nmaximize student safety for the student to be transported, which for\npurposes of this section shall include whether the pick up or drop off\nsite of the transportation is:\n (i) not further than 600 feet from the student's residence; and/or\n (ii) at the same locations for any family that have children at the\nsame residence who attend two or more different schools.\n 7. (a) In the event the chancellor has not satisfied a district's\nobligation under this section, a parent or guardian or any\nrepresentative authorized by such parent or guardian of a child eligible\nto receive transportation under this section may request the\ncommissioner to arrange for the provision of the transportation to so\nsatisfy the requirements of this section.\n (b) If within sixty days of receiving a request from such a parent or\nguardian or any representative authorized by such parent or guardian,\nthe commissioner determines that the chancellor has not satisfied a\ndistrict's obligation under this section, then the commissioner shall\nimmediately direct the chancellor to contract with a licensed\ntransportation carrier to provide the transportation required pursuant\nto this section.\n (c) In the event the chancellor is directed by the commissioner to\ncontract with a licensed transportation carrier to provide the\ntransportation required pursuant to this section, the chancellor shall\nprovide the commissioner with a copy of such proposed contract, before\nit becomes effective, and the commissioner shall have the power to\napprove, disapprove or require amendments to such contract before it\nshall become effective.\n (d) A district, determined by the commissioner to not be in compliance\nwith the requirements of this section, shall be responsible for the cost\nof any transportation contract awarded by the chancellor.\n 8. The parent or guardian, or any representative authorized by such\nparent or guardian, may submit a written request for transportation\nunder this section, in the same manner and upon the same dates as are\nrequired for a request for transportation pursuant to subdivision two of\nsection thirty-six hundred thirty-five of this article.\n