5731 Transportation in Child Safety Zones

2007                      5731

Non-Instructional/Business

                              Operations

SUBJECT: TRANSPORTATION IN CHILD SAFETY ZONES

         In accordance with Education Law, the Board of Education is authorized to adopt a resolution providing for student transportation in child safety zones.  Transportation in a child safety zone shall be available to resident students for the particular school year designated in the resolution.  Such resolution shall continue in effect for subsequent school years until the Board adopts a resolution providing otherwise.

         Transportation in child safety zones 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.  "Child safety zone" means a designated area of the 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.  Transportation in child safety zones may be provided without regard to like circumstances, notwithstanding the provisions of Education Law Section 3635(1).

         The Commissioner of Transportation has established regulations for determination of a hazardous zone.  Such regulations shall be used by the Board of Education in determining whether a hazardous zone exists.

Designation of Child Safety Zones

Submission of Petitions/Requests

         The Board of Education shall, upon written petition of a parent/person in parental relation of a child residing in the District, or of any representative authorized by such parent/person in parental relation, (signed by 25 qualified voters of the District or 5% of the number of voters who voted in the previous annual election of Board members, whichever is greater) make an investigation to determine whether a hazardous zone exists requiring the establishment of a child safety zone. 

         Petitions and/or additional written requests from individual parents/persons in parental relation requesting designation of an area as a child safety zone shall be in accordance with the procedures and time frames enumerated in Education Law Section 3635-b.

         Determination by the Board as to the designation of a child safety zone shall be in accordance with law and/or regulations.

Investigation by Board of Education

         The Board may directly, or by appointment of an advisory committee, make an investigation to determine if a hazardous zone exists within the 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.

         In accordance with the State Education Department (SED), 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.

         Determination by the Board as to the designation of a child safety zone shall be in accordance with law and/or regulations.

Cost of Providing Transportation

         The cost of providing transportation in child safety zones shall be an ordinary contingent expense and shall be included as an item of expense for purposes of determining the transportation quota of the District.

District Immunity from Liability

         Education Law Section 3635-b does not impose a duty upon the School Board to provide transportation services pursuant to this Section of law; nor is the Board to be held liable for failure to provide such transportation.

         A Board member, 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 Section 3635, 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.

                                                                           Education Law Sections 3635 and 3635-b

                                                                           Transportation Law Section 14(30)

                                                                           17 New York Code of Rules and

                                                                           Regulations (NYCRR) Part 191

Adopted:  1/08/07