Creates an exception to school busing requirements in the city of New York for restoration of past services

3 Co-sponsors

• Tony Avella
• Martin J. Golden
• Diane J. Savino

BILL NUMBER:S6027B

Title of bill

An act to amend the education law, in relation to creating an exception to school busing requirements in the city of New York for restoration of past services

Purpose or general idea of bill

This bill creates an exception to school busing requirements in the city of New York for restoration of past services.

Summary of specific provisions

Section 1 section 3635 of the education law by adding a new subdivision 3.

Section 2 is the effective date.

Justification

In May of 2010 the New York City Department of Education announced that it would end yellow school bus service for over 4,000 7th and 8th grade school children citywide. Approximately two-thirds of the students affected by this decision (nearly 3,000) who attend 47 schools are Staten Islanders. Prior to September of 2010 variances had been granted to 70 schools where the options with respect to public transportation are limited. This situation severely impacts Staten Island due to limited mass-transit options. The variances were issued for 18 years until they were abruptly discontinued.

This legislation seeks to address this dangerous situation by amending the education law to grant cities with a population of 1 million or more an exemption from the like circumstances clause in Section 3635 (1)(c) of the law. An exemption would allow the city to restore the yellow bus service on Staten Island to its pre-September 2010 status. Recently, a judge ruled that the like circumstances clause of the education law would bind the city to provide additional busing over the entire city. According the New York City Department of Education, this would create a significant burden on the City's education budget. This bill would ease some of those concerns expressed by the New York City Department of Education with respect to like circumstances.

From a safety standpoint, 7th and 8th grade school children should have the option of riding the yellow school bus to and from school. Speeding vehicles, lack of sidewalks and in some cases children being forced to cross four lanes of traffic to reach a city bus, not only causes anxiety and fear, but is extremely treacherous. In one heart breaking case, a child was killed when crossing several lanes to catch her city bus home. Cost saving measures cannot take priority over the safety and well being of children. This bill aims to restore yellow school bus service to these young children.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect September 1, 2012.