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.
Last modified: February 3, 2019