3625 - Contracts.

§  3625.  Contracts.    1.  Form  of  transportation  contracts. Every  contract for transportation of school children shall be in writing,  and  before  such  contract  is  filed  with  the  department  as required by  subdivision two of  this  section,  the  same  shall  be  submitted  for  approval  to  the  superintendent  of  schools of said district and such  contract shall not be approved and filed by such  superintendent  unless  he  or she shall first investigate the same with particular reference to  the type of conveyance, the character and ability  of  the  driver,  the  routes  over  which the conveyances shall travel, the time schedule, and  such other matters  as  in  the  judgement  of  the  superintendent  are  necessary  for  the  comfort  and protection of the children while being  transported to and from school. Every such contract  for  transportation  of  children  shall contain an agreement upon the part of the contractor  that the vehicle shall come to a full stop before crossing the track  or  tracks of any railroad and before crossing any state highway.    2.  Filing  of transportation contracts. Every transportation contract  shall be filed with the department within one hundred twenty days of the  commencement of service under such contract.  No transportation  expense  shall be allowed for a period greater than one hundred twenty days prior  to  the filing of any contract for the transportation of pupils with the  education department. No contract shall be considered  filed  unless  it  bears  an  original signature of the superintendent of a school district  or the designee of the superintendent and the sole trustee or  president  of the board of education of the school district.  The final approval of  any  such  contract by the commissioner shall not, however, obligate the  state to allow transportation expense in  an  amount  greater  than  the  amount  that  would  be  allowed under the provisions of this part.  The  state, acting through the department of audit and control,  may  examine  any and all accounts of the contractor in connection with a contract for  the  transportation of pupils, and every such contract shall contain the  following provision: "The contractor hereby consents to an audit of  any  and all financial records relating to this contract by the department of  audit and control."    3.  Allowable  expense  for  transportation  contracts.  The allowable  transportation expense for any school district contracting for  the  use  of  a  bus  or  buses  for  the  transportation of any or all the pupils  attending school in such school district, other than a contract  with  a  public service facility for such transportation operated on routes under  franchise  or  operated  by a municipality or public authority, shall be  determined in the same manner as though such bus or buses were  district  owned, except that the amount computed for such bus or buses used in the  computation  of  the transportation expense may not exceed the amount of  the contract or contracts for such bus or buses.    4. No transportation aid or other public moneys shall  be  apportioned  and  paid  as  provided  in  this  chapter  to  any  district furnishing  transportation for pupils until the contract  for  transportation  shall  also  have  been  approved by the commissioner. In defraying any expense  incurred in providing transportation of any pupils or children under any  provision of this chapter, public moneys apportioned to the district  in  which such pupils or children reside may be used therefor.