Transportation in a Child Safety Zone Section 3635-b of the Education Law

Definition of a Child Safety Zone:

A child safety zone is a designated area within a common, central, central high school or union free school district, including at least one personal residence, within which children who reside at a lesser distance from school than the minimum eligibility distance may be provided transportation on the basis that their most direct walking route to school will traverse a hazardous zone. Once properly authorized by the board of education or trustees and the voters of the school district, such transportation may be provided for pupils in kindergarten through grade eight who reside within two miles of the school legally attended and for pupils in grades nine through twelve who reside within three miles of the school legally attended without regard to like circumstances.

Criteria for Designation of a Child Safety Zone and Authorization of Transportation Services:

The following procedures must be followed in designating a child safety zone and in authorizing transportation services for a lesser distance than the minimum eligibility distance established for other areas of the school district:

  1. Section 3635-b shall apply where the board of education or trustees 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. Upon the written petition of a parent or other person in parental relation of a child residing in the school district, which has been signed by twenty-five qualified voters of the district or five percent of the voters in the previous annual election of board members, whichever is greater, the board of education must make an investigation to determine if a specific hazardous zone exists that requires the establishment of a child safety zone. Such petition must be received prior to March 1 preceding the school year for which the child safety zone is requested or within 30 days after establishing residence in the district, but in no event later than July 1 of the school year for which the child safety zone is first requested and must specify the geographic boundaries comprising the proposed hazardous zone and any child safety zone requested.

  3. Based on a point system for various safety hazards specified in Part 191 of the Regulations of the Commissioner of Transportation, the board of education or trustees, or an advisory committee appointed by the board, conducts the required investigation. The point system includes such hazards as highways without sidewalks or shoulders, highway intersections, and railroad grade crossings. A certain number of points is required to qualify a pupil for transportation if a child safety zone is authorized.

  4. The board must make a decision regarding the designation of the requested child safety zone within thirty days of the receipt of the written petition.

  5. Without having been petitioned, the board may also conduct an investigation on its own initiative to determine whether a hazardous zone exists requiring the designation of a child safety zone.

  6. If, after the investigation, the board determines that a hazardous zone does exist that requires establishment of a child safety zone, the board shall present a separate proposition to the voters to expend money for transportation services in the child safety zone at the annual district meeting, or at a special meeting after the annual meeting if the board determines a change in circumstances has occurred since the annual meeting.

  7. If the voters approve the proposition, the board includes the appropriations required to fund transportation services within the child safety zone in the school district budget and provides such services.

  8. If the voters reject a proposition for the provision of transportation in child safety zones for the school year, the board may not establish any child safety zones for that school year.

Child Safety Zone Transportation is Discretionary

Boards of education are not required to provide transportation in child safety zones; it is completely discretionary for any school district to do so. Section 3635-b only applies when a board of education adopts a resolution to make such transportation available.

Nonpublic School Transportation

Section 3635-b applies to students attending nonpublic and public schools equally.

Door-to-Door Transportation Not Required

For efficiency and economy purposes, a board of education may continue to establish bus pickup points for transportation services provided in child safety zones. Parents will be responsible for the safety of their children while traveling between home and the pickup point.

Public Hearing to Determine Need for Continuation of Child Safety Zone

A board of education must conduct a public hearing 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. Within 20 days after the public hearing, the board must decide whether the hazardous zone continues to exist and whether there is a need for continuation of the child safety zone.

Costs

The costs of providing special transportation services in child safety zones are eligible for State Transportation Aid and are to be considered ordinary contingent expenses.

Last Updated: March 30, 2009