Chapter 818 - Purchase of Replacement Bus Due to Loss
A new procedure for purchasing replacement school buses for school districts was enacted into law through Chapter 818 of the Laws of 1982. This law amended paragraph a of subdivision 25 of Section 1709 of the Education Law as follows:
"Any replacement of a motor vehicle or vehicles, necessitated by damage to or loss of such vehicle, owned by the school district and used for the transportation of pupils residing within the district, may be purchased by the board of education without voter approval, using any unencumbered funds in the General Fund or by the issuance of budget notes in accordance with Section 29.00 of the Local Finance Law, in addition to any available insurance proceeds."
Chapter 818 removes the requirement of voter authorization for the purchase of a school bus which is a replacement for another vehicle which has been damaged beyond repair or unexpectedly removed from service as stipulated in the law. Such vehicle may have been damaged by accident or fire. Vehicles that simply do not pass a NYS DOT inspection any longer, are not eligible for Chapter 818 replacement. Districts are encouraged to develop a board approved replacement plan where vehicles are routinely retired after an established number of years. Chapter 818 does not, however, alter the authority of the Commissioner of Education to approve the purchase of a school bus.
School districts should should enter buses purchased under emergency conditions into the automated Bus Purchase Approval system in the State Aid Management System (SAMS), in the same manner as all buses are entered. However, the district must respond ‘Yes’ at Entry #18, which asks if the vehicle was purchased as an emergency replacement. Details regarding the emergency purchase must be provided at Entry #19 and the date the board resolution was passed for the emergency purchase must be provided at Entry #20.
Questions regarding this process should be directed to the Office of State Aid (518-474-2977).