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S04613 Summary:

BILL NOS04613
 
SAME ASNo Same As
 
SPONSORLANZA
 
COSPNSR
 
MLTSPNSR
 
Amd §§1604, 1709, 2503 & 2554, Ed L
 
Relates to certain contracts regarding bus drivers and bus drivers' assistants.
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S04613 Actions:

BILL NOS04613
 
02/13/2023REFERRED TO EDUCATION
01/03/2024REFERRED TO EDUCATION
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S04613 Memo:

Memo not available
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S04613 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4613
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2023
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law,  in  relation  to  certain  contracts
          regarding bus drivers and bus drivers' assistants
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 23 of section 1604 of  the  education  law,  as
     2  amended  by  chapter  269  of  the  laws  of 1974, is amended to read as
     3  follows:
     4    23. To contract with any person, corporation or other school  district
     5  for  the conveyance of pupils residing within the district, when author-
     6  ized to do so under subdivision nineteen of section two  thousand  twen-
     7  ty-one of this chapter, by vote of the inhabitants of the district enti-
     8  tled to vote, or to contract for the operation, maintenance and garaging
     9  of  motor  vehicles owned by the district, in accordance with such rules
    10  and regulations as such trustees  may  establish,  consistent  with  the
    11  regulations  of  the  commissioner of education. Upon authorization by a
    12  school district meeting, every such contract of  transportation  may  be
    13  made  for  a  period  not  exceeding  five  years,  notwithstanding  any
    14  provision of any other law inconsistent herewith.  With respect  to  any
    15  contract  entered  into under this subdivision, the district shall abide
    16  by the terms contained in any collectively bargained agreement  applica-
    17  ble to bus drivers and drivers' assistants entered into by the contract-
    18  ing  entity governing disciplinary actions against bus drivers and driv-
    19  ers' assistants  employed  by  such  contracting  entity  prior  to  the
    20  district imposing or implementing an adverse disciplinary action against
    21  such driver or drivers' assistant.
    22    §  2.  Subdivision 27 of section 1709 of the education law, as amended
    23  by chapter 737 of the laws of 1992, is amended to read as follows:
    24    27. To contract with any person, corporation or other school  district
    25  for  the conveyance of pupils residing within the district, when author-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08713-01-3

        S. 4613                             2
 
     1  ized to do so under subdivision nineteen of section two  thousand  twen-
     2  ty-one of this chapter, by vote of the inhabitants of the district enti-
     3  tled to vote, or to contract for the operation, maintenance and garaging
     4  of  motor  vehicles owned by the district, in accordance with such rules
     5  and regulations as such board of  education  may  establish,  consistent
     6  with the regulations of the commissioner. Upon authorization by a school
     7  district  meeting, every such contract of transportation may be made for
     8  a period not exceeding five years, notwithstanding any provision of  any
     9  other  law  inconsistent herewith.  With respect to any contract entered
    10  into under this subdivision, the  district  shall  abide  by  the  terms
    11  contained  in  any  collectively  bargained  agreement applicable to bus
    12  drivers and drivers' assistants entered into by the  contracting  entity
    13  governing  disciplinary actions against bus drivers and drivers' assist-
    14  ants employed by such contracting entity, prior to the district imposing
    15  or implementing an adverse disciplinary action against  such  driver  or
    16  drivers' assistant.
    17    §  3.  Subdivision 12 of section 2503 of the education law, as amended
    18  by chapter 171 of the laws of 1996, is amended to read as follows:
    19    12. Shall provide by contract or otherwise for the  transportation  of
    20  children  to  and from any school or institution of learning whenever in
    21  its judgment such transportation is required because of  the  remoteness
    22  of the school to the pupil or for the promotion of the best interests of
    23  such  children;  and,  in  the case of an enlarged city school district,
    24  shall provide such transportation to children residing outside the  city
    25  limits  and  may, in its discretion, provide transportation for children
    26  residing within the city limits. Any such contract may  be  made  for  a
    27  period of not exceeding five years, notwithstanding any provision of any
    28  charter  or other provision of law inconsistent herewith, provided, that
    29  for the city school district of the city of White Plains, if transporta-
    30  tion is provided by such district, pursuant to other provisions of  this
    31  chapter,  the district shall abide by the terms contained in any collec-
    32  tively bargained  agreement  applicable  to  bus  drivers  and  drivers'
    33  assistants entered into by the contracting entity governing disciplinary
    34  actions  against  bus  drivers  and drivers' assistants employed by such
    35  contracting entity, prior to the district imposing  or  implementing  an
    36  adverse  disciplinary  action against such driver or drivers' assistant.
    37  Provided further that the cost of such transportation:
    38    a.   to and from schools within  the  school  district  for  distances
    39  greater  than two or three miles, as applicable, and to and from schools
    40  outside the district within the mileage limitations prescribed in  para-
    41  graph  a of subdivision one of section thirty-six hundred thirty-five of
    42  this chapter shall always be an ordinary contingent expense, and
    43    b. for distances less than two or three miles, as applicable,  or  for
    44  greater  than  fifteen  miles  to  and from schools outside the district
    45  shall be an ordinary contingent expense if: (i) such transportation  was
    46  provided  during the preceding school year and the qualified voters have
    47  not passed a special proposition constricting  the  mileage  limitations
    48  for  the  current school year from those in effect in the prior year, or
    49  (ii) the qualified voters have passed a  special  proposition  expanding
    50  the mileage limitations in effect in the prior year.
    51    §  4.  Subdivision  19 of section 2554 of the education law, as renum-
    52  bered by chapter 762 of the laws of 1950, is amended to read as follows:
    53    19. To provide by contract for the transportation of children  to  and
    54  from any school or institution of learning whenever in its judgment such
    55  transportation  is  required  because of the remoteness of the school to
    56  the pupil or for the promotion of the best interests of  such  children.

        S. 4613                             3
 
     1  Any  such  contract  may  be made for a period not exceeding five years,
     2  notwithstanding any provision of any charter or other provision  of  law
     3  inconsistent  herewith,  provided,  that for the city school district of
     4  the  city  of  Yonkers,  if transportation is provided by such district,
     5  pursuant to other provisions of this chapter, the district  shall  abide
     6  by  the terms contained in any collectively bargained agreement applica-
     7  ble to bus drivers and drivers' assistants entered into by the contract-
     8  ing entity governing disciplinary actions against bus drivers and  driv-
     9  ers'  assistants  employed  by  such  contracting  entity,  prior to the
    10  district imposing or implementing an adverse disciplinary action against
    11  such driver or drivers' assistant.
    12    § 5. This act shall take effect immediately.
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