New York Laws
Part 3 - Transportation Services
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.