DeStefano, Brabenec, Manktelow, Angelino, Bendett, Hawley, Lemondes, Brown E
MLTSPNSR
Amd §1709, Ed L
Permits local boards of education to enter into contracts with a drive-sharing network of persons for reimbursement of transportation expenses for the conveyance of pupils residing in such school districts; authorizes the commissioner of education to promulgate any necessary rules and regulations; outlines certain requirements to which the local board of education shall adhere; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2011
SPONSOR: Smullen TITLE OF BILL:
An act to amend the education law, in relation to permitting local
boards of education to enter into contracts with a drive-sharing network
of persons for reimbursement of transportation expenses
PURPOSE OR GENERAL IDEA OF BILL:
This Act proposes to amend the New York State Education Law to allow
local boards of education to expand Parent Contracts so schools can
contract with an approved network of drivers, including but not limited
to, parents, family members, neighbors, and teachers for the purpose of
providing pupil transportation.
SUMMARY OF PROVISIONS:
Section 1 provides an overview of legislative findings and intent.
Section 2 amends subdivision 27 of section 1709 of the Education Law to
expand parent contracts so that local boards of education can authorize
a school district to enter into a contract with a network of drivers
that is approved by the board for the purpose of providing an alterna-
tive method of pupil transportation.
Section 3 provides the effective date.
JUSTIFICATION:
The Fiscal Year 2022-23 Enacted Budget included a provision to mandate
that by 2027, all new school bus purchases or leases must be zero-emis-
sion, and by 2035 all school bus fleets in operation for pupil transpor-
tation must be zero-emission. The cost of purchasing and maintaining a
zero-emission bus is currently significantly higher than the cost of
purchasing and maintaining a traditional combustion engine school bus.
These costs, in addition to the aggressive timeline prescribed by the
mandate, present a significant financial challenge for school districts,
especially those in rural areas of the state.
Therefore, creative solutions are required to help school districts
comply with the mandate while still maintaining fiscal responsibility.
One such solution is to expand Parent Contracts, which currently allow
boards of education to contract with parents to transport their students
at public cost, so that an expanded pool of eligible drivers, including
family members, teachers, or neighbors, could provide such transporta-
tion at public cost. This innovative solution could provide a unique
cost control method for districts that would potentially reduce the
number of zero-emission buses that school districts must operate and
maintain and their associated charging infrastructure.
STATE OF NEW YORK
________________________________________________________________________
2011
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. SMULLEN, DeSTEFANO, BRABENEC, MANKTELOW, ANGELI-
NO, BENDETT, HAWLEY, LEMONDES, E. BROWN -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to permitting local
boards of education to enter into contracts with a drive-sharing
network of persons for reimbursement of transportation expenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature recognizes
2 that the high costs associated with purchasing zero-emission school
3 buses and providing pupil transportation services are a concern for many
4 school districts and parents. In New York state, parents, family
5 members, teachers and neighbors of students have expressed interest in
6 helping to transport students to and from school to help reduce the
7 costs of pupil transportation services. However, currently only legal
8 parents or guardians are permitted to transport children under a parent
9 contract, which allows a school district to compensate the legal parent
10 or guardian for transporting their own children.
11 This act proposes to amend the education law to allow local boards of
12 education to expand parent contracts so schools can contract with an
13 approved network of parents, family members, neighbors, and teachers for
14 the purpose of providing pupil transportation. These individuals would
15 be reimbursed based on either the approved mileage rate for staff or the
16 IRS mileage rate, plus tolls, whichever is greater.
17 § 2. Subdivision 27 of section 1709 of the education law, as amended
18 by chapter 737 of the laws of 1992, is amended to read as follows:
19 27. a. To contract with any person, corporation or other school
20 district for the conveyance of pupils residing within the district, when
21 authorized to do so under subdivision nineteen of section two thousand
22 twenty-one of this chapter, by vote of the inhabitants of the district
23 entitled to vote, or to contract for the operation, maintenance and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04559-01-5
A. 2011 2
1 garaging of motor vehicles owned by the district, in accordance with
2 such rules and regulations as such board of education may establish,
3 consistent with the regulations of the commissioner. Upon authorization
4 by a school district meeting, every such contract of transportation may
5 be made for a period not exceeding five years, notwithstanding any
6 provision of any other law inconsistent herewith.
7 b. To contract with an approved drive-sharing network of persons for
8 the conveyance of pupils residing within the district, in which such
9 persons are compensated based upon the approved milage rate for staff or
10 the IRS mileage rate, plus tolls, whichever is greater, when authorized
11 to do so under subdivision nineteen of section two thousand twenty-one
12 of this chapter. The commissioner shall promulgate any rules and regu-
13 lations necessary to implement the provisions of this paragraph, includ-
14 ing requiring all such persons to meet or exceed the safety regulations
15 set forth in 8 NYCRR 156.3. Upon authorization by a school district
16 meeting, every such contract of transportation may be made for a period
17 not exceeding one year, notwithstanding any provision of any other law
18 inconsistent herewith. Reimbursement provided for under this paragraph
19 shall be subject to the following conditions:
20 (i) The local board of education shall require proof of the transpor-
21 tation expenses, such as receipts, mileage logs or any other document
22 deemed acceptable by the board;
23 (ii) The local board of education shall establish policies and proce-
24 dures to ensure the safety and security of the students being trans-
25 ported; and
26 (iii) The local board of education shall establish policies and proce-
27 dures to prevent conflicts of interest or the appearance of impropriety.
28 § 3. This act shall take effect immediately.
