N.Y. Education Law 3623-A – Allowable transportation expense
§ 3623-a. Allowable transportation expense. For the computation of transportation aid pursuant to the requirements of subdivision seven of section thirty-six hundred two of this article and this part, allowable transportation expense shall include expenditures for aidable regular transportation as defined in section thirty-six hundred twenty-two-a of this part, provided that such expense shall be limited to expenditure items listed in subdivision one of this section as transportation operating expense and in subdivision two of this section as transportation capital, debt service and lease expense.
Terms Used In N.Y. Education Law 3623-A
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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. See N.Y. Education Law 3621
- 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. See N.Y. Education Law 3621
- 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. See N.Y. Education Law 3621
- School bus: means any vehicle or other means of conveyance used for the purpose of transporting pupils. See N.Y. Education Law 3621
- 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. See N.Y. Education Law 3621
- Storage: means any school bus garage facilities or sites which may be approved by the commissioner. See N.Y. Education Law 3621
1. Transportation operating expense shall include base year expenditures for the following, provided that such transportation operating expense shall meet the requirements set forth in subdivision three of this section:
a. Computerized bus routing services;
b. Contracting for the transportation of any or all of 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;
c. The use of public service facilities on routes operated under franchise or by a municipality or public authority for any or all of the pupils in the district, provided that the allowance for each pupil using such facilities shall not exceed two single fares a day for such pupil multiplied by the number of days which such pupil attends school;
d. The school district's share of the cost of a regional or joint transportation system;
e. The following expenses for district operated transportation systems, including operation of district owned or district leased school buses:
(1) salaries and retirement benefits related to transportation, except salaries and retirement benefits for assistant drivers on buses transporting nondisabled pupils;
(2) employers' social security contributions for transportation personnel for whom salaries are allowable;
(3) health, life and other insurance premiums for transportation personnel for whom salaries are allowable;
(4) premiums for collision and other insurance coverage for school buses;
(5) uniforms for transportation personnel for whom salaries are allowable;
(6) costs incurred by the employer for qualifying criminal history, drivers license, or other required testing attributable to special requirements for drivers of school buses pursuant to state or federal law including pre-employment and random drug and alcohol testing as required under subdivision six of § 509-g of the vehicle and traffic law;
(7) fuel, oil, tires, chains, maintenance and repairs for school buses, provided that for purposes of this article, fuel shall include electricity used to charge or hydrogen used to refuel zero-emission school buses for the aidable transportation of pupils, but shall not include electricity or hydrogen used for other purposes;
(8) bridge tolls;
(9) transportation by boat or airplane, because of the location of the school district in relation to the school which the children of the district attend, or required room and board in connection therewith necessitated because of impassable waters or adverse weather conditions, which has been approved by the commissioner;
(10) the consideration for the contract or contracts made for the purpose of providing transportation by horse-drawn vehicle or vehicles, if any school district shall be required to provide such transportation; and
(11) other expenses for district operated transportation systems, as approved pursuant to regulations of the commissioner.
f. Other transportation operating expenses as approved pursuant to regulations of the commissioner.
2. Allowable transportation capital, debt service and lease expense shall include base year expenditures for:
a. The purchase of school buses as approved by the commissioner;
b. The lease, as approved by the commissioner, of a school bus by a school district from another school district, board of cooperative educational services or a county vocational education and extension board, or any school bus leased by a school district from any other source under emergency conditions, as determined by the commissioner, or any school bus leased by a school district from any other source as otherwise authorized by this chapter;
c. The purchase of equipment deemed a proper school district expense, including: (i) the purchase of two-way radios to be used on old and new school buses, (ii) the purchase of stop-arms, to be used on old and new school buses, (iii) the purchase and installation of seat safety belts on school buses in accordance with the provisions of section thirty-six hundred thirty-five-a of this article, (iv) the purchase of school bus back up beepers, (v) the purchase of school bus front crossing arms, (vi) the purchase of school bus safety sensor devices, (vii) the purchase and installation of exterior reflective marking on school buses, (viii) the purchase of automatic engine fire extinguishing systems for school buses used to transport students who use wheelchairs or other assistive mobility devices, and (ix) the purchase of other equipment as prescribed in the regulations of the commissioner;
d. Other transportation capital, debt service and lease expense, as approved pursuant to regulations of the commissioner;
e. Any approved cost of construction, reconstruction, lease or purchase of a transportation storage facility or site in the amount of ten thousand dollars or more shall be aidable in accordance with subdivision six of section thirty-six hundred two of this article and shall not be aidable as transportation expense; and
f. Approved costs relating to the lease, purchase, construction, or installation of zero-emission school bus electric charging or hydrogen fueling stations. For the purposes of this section, a zero-emission school bus electric charging station is a station that delivers electricity from a source outside a zero-emission school bus into one or more zero-emission school buses. An electric school bus charging station may include several charge points simultaneously connecting several zero-emission school buses to the station and any related equipment needed to facilitate charging plug-in zero-emission school buses. Any work related to the construction or installation of zero-emission school bus electric charging or hydrogen fueling stations under this paragraph shall be considered public work and shall be subject to prevailing wage requirements in accordance with § 220-b of the labor law.
3. a. The transportation operating expense for any school district furnishing transportation for pupils attending a school within such district shall be reduced by any moneys received for transportation.
b. If a district transports nonresident pupils, moneys received for such transportation shall also be deducted in calculating transportation aid, 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.
c. Where a school district contracts for the transportation of its pupils with a contractor and such contract results in the joint use of one or more school buses with another district or districts contracting, independently, with the same contractor, the transportation operating expense applicable to such bus or buses for such route or routes shall be prorated to each district. The total transportation operating expense for all districts that are parties to such contract shall not exceed the consideration of the contract.
4. Notwithstanding the provisions of this section or any other provision of law to the contrary, for the computation of transportation aid pursuant to the requirements of subdivision seven of section thirty-six hundred two of this article, allowable transportation expenses shall also include transportation operating expenses described in subdivision one of this section and transportation capital, debt service and lease expenses described in subdivision two of this section incurred in the two thousand nineteen–two thousand twenty school year: (i) during the state disaster emergency declared pursuant to executive order 202 of 2020 in the case of expenses pursuant to subdivision eight of section thirty-six hundred twenty-two-a of this part; and (ii) during the period between the issuance of executive order 202.4 on March sixteenth, two thousand twenty and the issuance of executive order 202.28 on May seventh, two thousand twenty in the case of expenses pursuant to subdivision nine of section thirty-six hundred twenty-two-a of this part. Such expenses shall be allowable transportation expenses even where aidable regular transportation as defined in section thirty-six hundred twenty-two-a of this part of transportation after four pm pursuant to section thirty-six hundred twenty-seven of this part was not provided.