3621 - Definitions.

§  3621.  Definitions.  As  used in this part and subdivision seven of  section thirty-six hundred two of this article:    1. "School district" means common school districts, to the extent that  they provide transportation of students in grades seven  through  twelve  to a school outside the district, consolidated school districts, central  school  districts,  central  high  school  districts,  union free school  districts, except special act school districts  as  defined  in  section  four   thousand   one  of  this  chapter,  and  city  school  districts.  Notwithstanding any provision contained in this chapter to the contrary,  the transportation  aid  provided,  pursuant  to  subdivision  seven  of  section  thirty-six  hundred two of this article and this part shall not  be apportioned and paid to any school district not  maintaining  a  home  school,  or  to a common school for pupils in kindergarten through grade  six.    2. a. "Pupil" means a child for whom transportation aid  is  paid  and  who  lives  more than one and one-half miles from the school which he or  she attends, measured by the nearest available road to such school, or a  child who lives more than one mile from an approved route,  measured  by  the  nearest  available road to such route, and also lives more than one  and one-half miles from the school which  he  or  she  attends.  Nothing  contained  in  this  subdivision  shall  be  deemed  to require a school  district to furnish transportation to a child who, if a  student  in  an  elementary  grade,  lives  less  than  two  miles or, if a student in an  academic grade, lives less than three miles from the school which he  or  she  attends, measured by the nearest available road. "Pupil" also means  a child living more than one and one-half miles from the school which he  or she attends who is transported between home and school by a  regional  or  joint  transportation  system. "Pupil" also means a child of a pupil  legally  attending  an  elementary  or  secondary  school  who  receives  transportation  pursuant  to  paragraph  f of subdivision one of section  thirty-six hundred thirty-five of this article and who lives  more  than  one  and one-half miles from the school which his or her parent attends,  measured by the nearest available road to such school, or such  a  child  who  lives  more  than  one mile from an approved route, measured by the  nearest available road to such route, and also lives more than  one  and  one-half miles from the school which his or her parent legally attends.    b.  Notwithstanding the provisions of paragraph a of this subdivision,  any school district which provides transportation pursuant to  an  order  of  the  commissioner,  dated the fourth day of August, nineteen hundred  seventy-eight, for pupils attending grades kindergarten through four who  live more than eight-tenths of a mile but less  than  one  and  one-half  miles  from  the  school  they  legally  attend  shall be entitled to an  apportionment on the cost of such transportation pursuant to subdivision  seven of section thirty-six hundred two of this article.    c. Notwithstanding the provisions of paragraph a of this  subdivision,  any  school  district which provides transportation pursuant to an order  of the commissioner,  dated  the  nineteenth  day  of  August,  nineteen  hundred   seventy-seven,  for  elementary  pupils  who  live  more  than  eight-tenths of a mile but less than one and  one-half  miles  from  the  school  they  legally  attend,  or  such  other distance as the board of  education may establish with the prior  approval  of  the  commissioner,  shall be entitled to an apportionment on the cost of such transportation  pursuant  to subdivision seven of section thirty-six hundred two of this  article.    3. "Route" means a highway or highways over and upon  which  a  school  bus  regularly  travels in accordance with a schedule maintained for the  transportation of pupils from their homes to school.4. "Total annual mileage" means the actual mileage  for  all  purposes  attributable  to  district-owned school buses for the school year period  of July first  through  June  thirtieth,  based  on  odometer  readings,  including  mileage  for  school  buses disposed of during the July first  through June thirtieth period.    5.  "Total  annual  allowable  mileage"  means  the actual mileage for  transporting pupils to and from school once daily over scheduled  routes  attributable  to  district-owned  or  leased school buses for the school  year period  of  July  first  through  June  thirtieth,  based  odometer  readings, including mileage for school buses disposed of during the July  first through June thirtieth period.    6.  "School  bus"  means any vehicle or other means of conveyance used  for the purpose of transporting pupils.    7. "Storage" means any school bus garage facilities or sites which may  be approved by the commissioner.    8. "Regional or joint transportation system"  means  a  transportation  system  in  which  a school district participates pursuant to a contract  executed in accordance with paragraph h of  subdivision  twenty-five  of  section seventeen hundred nine of this chapter.    9.  "District  share  of  the cost of regional or joint transportation  systems" shall mean  the  share  of  the  cost  of  such  transportation  prorated  among all the school district or districts and board or boards  of cooperative educational services participating  in  the  regional  or  joint  transportation,  as  determined  in  accordance  with regulations  promulgated by the commissioner, provided that in no case shall there be  any deduction made in determining transportation aid on the basis of bus  mileage travelled  in  transporting  children  pursuant  to  a  contract  executed  in  accordance  with paragraph h of subdivision twenty-five of  section seventeen  hundred  nine  of  this  chapter  and  provided  that  transportation  aid  for jointly operated transportation system shall be  determined in the same manner as for individual school districts.    10. School bus stop-arm. The  term  "school  bus  stop-arm"  means  an  auxiliary   device  conforming  to  the  standards  established  by  the  commissioner pursuant  to  subdivision  twenty-one-c  of  section  three  hundred seventy-five of the vehicle and traffic law.    11.  School  bus  back up beeper. The term "school bus back up beeper"  means an auxiliary device conforming to the standards established by the  commissioner pursuant  to  subdivision  twenty-one-d  of  section  three  hundred seventy-five of the vehicle and traffic law.    12. School bus front crossing arm. The term "school bus front crossing  arm"  means  an auxiliary device conforming to the standards established  by the commissioner pursuant  to  subdivision  twenty-one-e  of  section  three hundred seventy-five of the vehicle and traffic law.    13.  School  bus  safety  sensor  device.  The term "school bus safety  sensor device" means an auxiliary device  conforming  to  the  standards  established  by the commissioner pursuant to subdivision twenty-one-f of  section three hundred seventy-five of the vehicle and traffic law.    14. "Exterior reflective markings" shall mean the exterior  reflective  marking  required to be attached to school buses pursuant to subdivision  twenty-one-h of section three hundred seventy-five of  the  vehicle  and  traffic law.    15.  School  bus  engine fire suppression system. The term "school bus  engine fire suppression system" shall mean an auxiliary device  required  to  be  installed  pursuant to subdivision twenty-one-i of section three  hundred seventy-five of the vehicle and traffic law and  which  conforms  to  standards established by the commissioner of transportation pursuant  to such subdivision.