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New York Consolidated Laws, Education Law - EDN § 3625. Contracts

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1. Form of transportation contracts.  Every contract for transportation of school children shall be in writing, and before such contract is filed with the department as required by subdivision two of this section, the same shall be submitted for approval to the superintendent of schools of said district and such contract shall not be approved and filed by such superintendent unless he or she shall first investigate the same with particular reference to the type of conveyance, the character and ability of the driver, the routes over which the conveyances shall travel, the time schedule, and such other matters as in the judgement of the superintendent are necessary for the comfort and protection of the children while being transported to and from school.  Every such contract for transportation of children shall contain an agreement upon the part of the contractor that the vehicle shall come to a full stop before crossing the track or tracks of any railroad and before crossing any state highway.

2. Filing of transportation contracts.  Every transportation contract shall be filed with the department within one hundred twenty days of the commencement of service under such contract.  No transportation expense shall be allowed for a period greater than one hundred twenty days prior to the filing of any contract for the transportation of pupils with the education department.  No contract shall be considered filed unless it bears an original signature of the superintendent of a school district or the designee of the superintendent and the sole trustee or president of the board of education of the school district.  The final approval of any such contract by the commissioner shall not, however, obligate the state to allow transportation expense in an amount greater than the amount that would be allowed under the provisions of this part.  The state, acting through the department of audit and control, may examine any and all accounts of the contractor in connection with a contract for the transportation of pupils, and every such contract shall contain the following provision:  “The contractor hereby consents to an audit of any and all financial records relating to this contract by the department of audit and control.”

3. Allowable expense for transportation contracts.  The allowable transportation expense for any school district contracting for the use of a bus or buses for the transportation of any or all 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 or operated by a municipality or public authority, shall be determined in the same manner as though such bus or buses were district owned, except that the amount computed for such bus or buses used in the computation of the transportation expense may not exceed the amount of the contract or contracts for such bus or buses.

4. No transportation aid or other public moneys shall be apportioned and paid as provided in this chapter to any district furnishing transportation for pupils until the contract for transportation shall also have been approved by the commissioner.  In defraying any expense incurred in providing transportation of any pupils or children under any provision of this chapter, public moneys apportioned to the district in which such pupils or children reside may be used therefor.

(a) A person commits the crime of theft in the second degree if the person commits theft as defined in AS 11.46.100 and

(1) the value of the property or services is $750 or more but less than $25,000;

(2) the property is a firearm or explosive;

(3) the property is taken from the person of another;

(4) the property is taken from a vessel and is vessel safety or survival equipment;

(5) the property is taken from an aircraft and the property is aircraft safety or survival equipment;

(6) the value of the property is $250 or more but less than $750 and, within the preceding five years, the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of

(A) an offense under AS 11.46.120, or an offense under another law or ordinance with similar elements;

(B) a crime set out in this subsection or an offense under another law or ordinance with similar elements;

(C) an offense under AS 11.46.140(a)(1), or an offense under another law or ordinance with similar elements; or

(D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an offense under another law or ordinance with similar elements; or

(7) the property is an access device or identification document.

(b) In this section,

(1) “aircraft” means a contrivance used or designed for navigation of flight in air;

(2) “aircraft safety or survival equipment” means equipment required to be carried on an aircraft under AS 02.35.110;

(3) “vessel” means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water;

(4) “vessel safety or survival equipment” means personal flotation devices; immersion suits; personal flotation device lights; survival craft; equipment necessary for the proper operation of survival craft; emergency position indicating radio beacons; fire extinguishers and supporting equipment; firefighters' outfits; and self contained breathing apparatuses; in this paragraph, “survival craft” means a device designed to enable a person to survive the loss of a vessel, and includes buoyant apparatuses, inflatable buoyant apparatuses, life floats, inflatable life rafts, and auxiliary craft, including skiffs, usable as survival craft.

(c) Theft in the second degree is a class C felony.

Cite this article: - New York Consolidated Laws, Education Law - EDN § 3625. Contracts - last updated January 01, 2021 |

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