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, 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. Theschool 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 thissection 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.