S05848 Summary:

BILL NO    S05848 

SAME AS    SAME AS A08060

SPONSOR    DILAN

COSPNSR    

MLTSPNSR   

Amd SS3650, 3635 & 305, Ed L; amd S1229-d, V & T L; amd S236, Fam Ct Act

Requires comprehensive training for school bus drivers and school bus
attendants for safe and appropriate transportation for children with
disabilities; provides penalties.
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S05848 Memo:

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S05848 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5848

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                     June 18, 2013
                                      ___________

       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

       AN ACT to amend the education law and the vehicle and  traffic  law,  in
         relation  to  requiring  comprehensive training for school bus drivers
         and school bus attendants for safe and appropriate  transportation  of
         children  with disabilities; and to amend the family court act and the
         education law, in relation to school district contracts for  transpor-
         tation

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 2 of section 3650  of  the  education  law,  as
    2  added by chapter 181 of the laws of 2007, is amended to read as follows:
    3    2.  (A) The commissioner, in consultation with the state commission on
    4  quality care and advocacy for persons with disabilities,  shall  promul-
    5  gate rules and regulations requiring every school bus driver operating a
    6  school bus which has or will have one or more students with a disability
    7  as passengers to receive COMPREHENSIVE training and instruction relating
    8  to  the  understanding  of,  and attention to, the special needs of such
    9  students. [Such training and instruction may be included with the train-
   10  ing and instruction required pursuant to paragraph a of subdivision  one
   11  of  this  section  and  shall be provided at least once per year or more
   12  frequently as determined by the commissioner in  consultation  with  the
   13  state comprehensive school bus driver safety training council.] TRAINING
   14  WILL PROVIDE SCHOOL BUS DRIVERS AND SCHOOL BUS ATTENDANTS WITH THE KNOW-
   15  LEDGE,  SKILLS,  AND  ATTITUDES  NECESSARY  TO  SAFELY AND APPROPRIATELY
   16  TRANSPORT AND SUPERVISE A CHILD WITH A  DISABILITY  AS  DEFINED  BY  THE
   17  FEDERAL  INDIVIDUALS WITH DISABILITIES EDUCATION ACT. THIS TRAINING WILL
   18  INCLUDE, AT A MINIMUM, AN INTRODUCTION TO THE CHARACTERISTICS AND  NEEDS
   19  OF CHILDREN AND YOUTH WITH DISABILITIES INCLUDING DISABILITIES AFFECTING
   20  INTELLECTUAL, COMMUNICATION, SOCIAL/EMOTIONAL, SENSORY PROCESSING ABILI-
   21  TIES,  MOTOR  SKILLS,  AND  MEDICAL/HEALTH  NEEDS. IN ADDITION, TRAINING

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11521-03-3
       S. 5848                             2

    1  DEVELOPED BY INDEPENDENT DISABILITY SPECIALISTS WILL INCLUDE MODULES  ON
    2  DISABILITY  AWARENESS  AND  SENSITIVITY, EFFECTIVE STRATEGIES TO PROMOTE
    3  POSITIVE BEHAVIOR, AND COMMUNICATION WITH PARENTS. For the  purposes  of
    4  this  subdivision,  the  term "student with a disability" shall have the
    5  same meaning as such term is  defined  in  subdivision  one  of  section
    6  forty-four hundred one of this chapter. [Any person employed as a school
    7  bus  driver  on  January  first, two thousand nine who is subject to the
    8  provisions of this subdivision shall comply  with  the  requirements  of
    9  this subdivision by July first, two thousand nine. Any school bus driver
   10  hired  after  January  first,  two  thousand  nine who is subject to the
   11  requirements of  this  subdivision  shall  complete  such  training  and
   12  instruction  prior  to  assuming  his  or  her duties.] THE TRAINING AND
   13  INSTRUCTION REQUIRED BY THIS SUBDIVISION MAY BE INCLUDED WITH THE TRAIN-
   14  ING AND INSTRUCTION REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION  ONE
   15  OF THIS SECTION AND THIS SUBDIVISION AND SHALL BE PROVIDED AT LEAST ONCE
   16  PER YEAR OR MORE FREQUENTLY AS DETERMINED BY THE COMMISSIONER IN CONSUL-
   17  TATION  WITH  THE  STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING
   18  COUNCIL.
   19    (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
   20  SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
   21  LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
   22  INCLUDED IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF  TRAINING
   23  IN  POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING. ANNUAL-
   24  LY, SUCH PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE  TRAINING  WHICH
   25  WILL  INCLUDE  AT  LEAST  ONE  HOUR ON POSITIVE BEHAVIORAL INTERVENTIONS
   26  SUPPORT.
   27    S 2. Subdivision 2 of section 3650 of the education law, as amended by
   28  section 5 of part E of chapter 501 of the laws of 2012,  is  amended  to
   29  read as follows:
   30    2.  (A)  The commissioner, in consultation with the justice center for
   31  the protection of people with special needs, shall promulgate rules  and
   32  regulations  requiring  every  school  bus driver operating a school bus
   33  which has or will have one or more students with a disability as passen-
   34  gers to receive COMPREHENSIVE training and instruction relating  to  the
   35  understanding  of, and attention to, the special needs of such students.
   36  [Such training and instruction may be included  with  the  training  and
   37  instruction  required pursuant to paragraph a of subdivision one of this
   38  section and shall be provided at least once per year or more  frequently
   39  as determined by the commissioner in consultation with the state compre-
   40  hensive  school  bus  driver  safety  training  council.]  TRAINING WILL
   41  PROVIDE SCHOOL BUS DRIVERS AND SCHOOL BUS ATTENDANTS WITH THE KNOWLEDGE,
   42  SKILLS, AND ATTITUDES NECESSARY TO SAFELY  AND  APPROPRIATELY  TRANSPORT
   43  AND  SUPERVISE A CHILD WITH A DISABILITY AS DEFINED BY THE FEDERAL INDI-
   44  VIDUALS WITH DISABILITIES EDUCATION ACT. THIS TRAINING WILL INCLUDE,  AT
   45  A  MINIMUM, AN INTRODUCTION TO THE CHARACTERISTICS AND NEEDS OF CHILDREN
   46  AND YOUTH WITH DISABILITIES INCLUDING DISABILITIES AFFECTING INTELLECTU-
   47  AL, COMMUNICATION, SOCIAL/EMOTIONAL, SENSORY PROCESSING ABILITIES, MOTOR
   48  SKILLS, AND MEDICAL/HEALTH NEEDS. IN  ADDITION,  TRAINING  DEVELOPED  BY
   49  INDEPENDENT  DISABILITY  SPECIALISTS  WILL INCLUDE MODULES ON DISABILITY
   50  AWARENESS AND SENSITIVITY,  EFFECTIVE  STRATEGIES  TO  PROMOTE  POSITIVE
   51  BEHAVIOR,  AND  COMMUNICATION  WITH  PARENTS.  For  the purposes of this
   52  subdivision, the term "student with a disability" shall  have  the  same
   53  meaning as such term is defined in subdivision one of section forty-four
   54  hundred one of this chapter. [Any person employed as a school bus driver
   55  on  January first, two thousand nine who is subject to the provisions of
   56  this subdivision shall comply with the requirements of this  subdivision
       S. 5848                             3

    1  by  July  first,  two  thousand  nine. Any school bus driver hired after
    2  January first, two thousand nine who is subject to the  requirements  of
    3  this  subdivision  shall complete such training and instruction prior to
    4  assuming  his  or  her duties.] THE TRAINING AND INSTRUCTION REQUIRED BY
    5  THIS SUBDIVISION MAY BE  INCLUDED  WITH  THE  TRAINING  AND  INSTRUCTION
    6  REQUIRED  PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION AND
    7  THIS SUBDIVISION AND SHALL BE PROVIDED AT LEAST ONCE PER  YEAR  OR  MORE
    8  FREQUENTLY  AS  DETERMINED  BY THE COMMISSIONER IN CONSULTATION WITH THE
    9  STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL.
   10    (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
   11  SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
   12  LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
   13  INCLUDED IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF  TRAINING
   14  IN  POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING. ANNUAL-
   15  LY, SUCH PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE  TRAINING  WHICH
   16  WILL  INCLUDE  AT  LEAST  ONE  HOUR ON POSITIVE BEHAVIORAL INTERVENTIONS
   17  SUPPORT.
   18    S 3. Section 3650 of the education law is  amended  by  adding  a  new
   19  subdivision 3 to read as follows:
   20    3.  ANY  PERSON,  FIRM OR CORPORATION WHO EMPLOYS A SCHOOL BUS DRIVER,
   21  WHO FAILS TO COMPLETE  THE  TRAINING  REQUIREMENTS  SET  FORTH  IN  THIS
   22  SECTION  SHALL BE SUBJECT TO A FINE OF FIVE THOUSAND DOLLARS FOR A FIRST
   23  VIOLATION AND TEN THOUSAND DOLLARS  FOR  A  SECOND  VIOLATION.  A  THIRD
   24  VIOLATION  OF  FAILING  TO  COMPLETE  THE  TRAINING REQUIREMENTS OF THIS
   25  SECTION SHALL BE DEEMED A MATERIAL BREACH OF ANY CONTRACT FOR  TRANSPOR-
   26  TATION  SERVICES  AND  SUCH  CONTRACT  SHALL  BE DEEMED NULL AND VOID. A
   27  SCHOOL DISTRICT MAY NOT ENTER INTO A CONTRACT,  OR  EXTEND  AN  EXISTING
   28  CONTRACT, FOR TRANSPORTATION SERVICES UNTIL THE TRAINING REQUIREMENTS OF
   29  THIS SECTION HAVE BEEN MET.
   30    S  4.  Subdivision 4 of section 1229-d of the vehicle and traffic law,
   31  as added by chapter 181 of the laws of  2007,  is  amended  to  read  as
   32  follows:
   33    (4)  (A) The commissioner of education, in consultation with the state
   34  commission on quality care and advocacy for persons  with  disabilities,
   35  shall  promulgate  rules and regulations requiring that every school bus
   36  attendant serving a  student  or  students  with  a  disability  receive
   37  COMPREHENSIVE  training and instruction relating to the understanding of
   38  and attention to the special needs of such students. [Such training  and
   39  instruction  may  be included with the training and instruction required
   40  pursuant to subdivision three of this section and shall be  provided  at
   41  least once per year or more frequently as determined by the commissioner
   42  of  education  in  consultation  with the state comprehensive school bus
   43  driver safety training council.] TRAINING WILL PROVIDE SCHOOL BUS  DRIV-
   44  ERS  AND SCHOOL BUS ATTENDANTS WITH THE KNOWLEDGE, SKILLS, AND ATTITUDES
   45  NECESSARY TO SAFELY AND APPROPRIATELY TRANSPORT AND  SUPERVISE  A  CHILD
   46  WITH  A  DISABILITY AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABILI-
   47  TIES EDUCATION ACT. THIS TRAINING WILL INCLUDE, AT A MINIMUM, AN  INTRO-
   48  DUCTION  TO  THE  CHARACTERISTICS  AND  NEEDS OF CHILDREN AND YOUTH WITH
   49  DISABILITIES INCLUDING  DISABILITIES  AFFECTING  INTELLECTUAL,  COMMUNI-
   50  CATION,  SOCIAL/EMOTIONAL,  SENSORY  PROCESSING ABILITIES, MOTOR SKILLS,
   51  AND MEDICAL/HEALTH NEEDS. IN ADDITION, TRAINING DEVELOPED BY INDEPENDENT
   52  DISABILITY SPECIALISTS WILL INCLUDE MODULES ON DISABILITY AWARENESS  AND
   53  SENSITIVITY,  EFFECTIVE  STRATEGIES  TO  PROMOTE  POSITIVE BEHAVIOR, AND
   54  COMMUNICATION WITH PARENTS. For the purposes of  this  subdivision,  the
   55  term  "student  with  a  disability" shall have the same meaning as such
   56  term is defined in subdivision one of section forty-four hundred one  of
       S. 5848                             4

    1  the  education law. [Any person employed as a school bus attendant serv-
    2  ing a student or students with a disability on January first, two  thou-
    3  sand nine shall comply with the requirements of this subdivision by July
    4  first,  two  thousand  nine.  Any  person hired after January first, two
    5  thousand nine shall complete  such  training,  instruction  and  testing
    6  prior  to assuming his or her duties as a school bus attendant serving a
    7  student or students with a disability.]  THE  TRAINING  AND  INSTRUCTION
    8  REQUIRED  BY  THIS  SUBDIVISION  MAY  BE  INCLUDED WITH THE TRAINING AND
    9  INSTRUCTION REQUIRED PURSUANT TO SUBDIVISION THREE OF THIS  SECTION  AND
   10  SHALL  BE  PROVIDED  AT LEAST ONCE PER YEAR OR MORE FREQUENTLY AS DETER-
   11  MINED BY THE COMMISSIONER IN CONSULTATION WITH THE  STATE  COMPREHENSIVE
   12  SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL.
   13    (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
   14  SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
   15  LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
   16  INCLUDED  IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF TRAINING
   17  IN POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING.  ANNUAL-
   18  LY,  SUCH  PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE TRAINING WHICH
   19  WILL INCLUDE AT LEAST ONE  HOUR  ON  POSITIVE  BEHAVIORAL  INTERVENTIONS
   20  SUPPORT.
   21    S  5.  Subdivision 4 of section 1229-d of the vehicle and traffic law,
   22  as amended by section 6 of part E of chapter 501 of the laws of 2012, is
   23  amended to read as follows:
   24    (4) (A) The  commissioner  of  education,  in  consultation  with  the
   25  justice  center  for  the protection of people with special needs, shall
   26  promulgate rules and regulations requiring that every school bus attend-
   27  ant serving a student or students with a disability  receive  COMPREHEN-
   28  SIVE  training  and  instruction  relating  to  the understanding of and
   29  attention to the special needs of  such  students.  [Such  training  and
   30  instruction  may  be included with the training and instruction required
   31  pursuant to subdivision three of this section and shall be  provided  at
   32  least once per year or more frequently as determined by the commissioner
   33  of  education  in  consultation  with the state comprehensive school bus
   34  driver safety training council.] TRAINING WILL PROVIDE SCHOOL BUS  DRIV-
   35  ERS  AND SCHOOL BUS ATTENDANTS WITH THE KNOWLEDGE, SKILLS, AND ATTITUDES
   36  NECESSARY TO SAFELY AND APPROPRIATELY TRANSPORT AND  SUPERVISE  A  CHILD
   37  WITH  A  DISABILITY AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABILI-
   38  TIES EDUCATION ACT. THIS TRAINING WILL INCLUDE, AT A MINIMUM, AN  INTRO-
   39  DUCTION  TO  THE  CHARACTERISTICS  AND  NEEDS OF CHILDREN AND YOUTH WITH
   40  DISABILITIES INCLUDING  DISABILITIES  AFFECTING  INTELLECTUAL,  COMMUNI-
   41  CATION,  SOCIAL/EMOTIONAL,  SENSORY  PROCESSING ABILITIES, MOTOR SKILLS,
   42  AND MEDICAL/HEALTH NEEDS. IN ADDITION, TRAINING DEVELOPED BY INDEPENDENT
   43  DISABILITY SPECIALISTS WILL INCLUDE MODULES ON DISABILITY AWARENESS  AND
   44  SENSITIVITY,  EFFECTIVE  STRATEGIES  TO  PROMOTE  POSITIVE BEHAVIOR, AND
   45  COMMUNICATION WITH PARENTS. For the purposes of  this  subdivision,  the
   46  term  "student  with  a  disability" shall have the same meaning as such
   47  term is defined in subdivision one of section forty-four hundred one  of
   48  the  education law. [Any person employed as a school bus attendant serv-
   49  ing a student or students with a disability on January first, two  thou-
   50  sand nine shall comply with the requirements of this subdivision by July
   51  first,  two  thousand  nine.  Any  person hired after January first, two
   52  thousand nine shall complete  such  training,  instruction  and  testing
   53  prior  to assuming his or her duties as a school bus attendant serving a
   54  student or students with a disability.]  THE  TRAINING  AND  INSTRUCTION
   55  REQUIRED  BY  THIS  SUBDIVISION  MAY  BE  INCLUDED WITH THE TRAINING AND
   56  INSTRUCTION REQUIRED PURSUANT TO PARAGRAPH A  OF  SUBDIVISION  THREE  OF
       S. 5848                             5

    1  THIS  SECTION  AND  SHALL  BE  PROVIDED  AT  LEAST ONCE PER YEAR OR MORE
    2  FREQUENTLY AS DETERMINED BY THE COMMISSIONER IN  CONSULTATION  WITH  THE
    3  STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL.
    4    (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
    5  SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
    6  LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
    7  INCLUDED  IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF TRAINING
    8  IN POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING.  ANNUAL-
    9  LY,  SUCH  PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE TRAINING WHICH
   10  WILL INCLUDE AT LEAST ONE  HOUR  ON  POSITIVE  BEHAVIORAL  INTERVENTIONS
   11  SUPPORT.
   12    S  6.  Section  1229-d  of  the  vehicle and traffic law is amended by
   13  adding a new subdivision 5 to read as follows:
   14    (5) ANY PERSON, FIRM OR CORPORATION WHO EMPLOYS A SCHOOL  BUS  ATTEND-
   15  ANT,  WHO  FAILS TO COMPLETE THE TRAINING REQUIREMENTS SET FORTH IN THIS
   16  SECTION SHALL BE SUBJECT TO A FINE OF FIVE THOUSAND DOLLARS FOR A  FIRST
   17  VIOLATION  AND  TEN  THOUSAND  DOLLARS  FOR  A SECOND VIOLATION. A THIRD
   18  VIOLATION OF FAILING TO  COMPLETE  THE  TRAINING  REQUIREMENTS  OF  THIS
   19  SECTION  SHALL BE DEEMED A MATERIAL BREACH OF ANY CONTRACT FOR TRANSPOR-
   20  TATION SERVICES AND SUCH CONTRACT SHALL  BE  DEEMED  NULL  AND  VOID.  A
   21  SCHOOL  DISTRICT  MAY  NOT  ENTER INTO A CONTRACT, OR EXTEND AN EXISTING
   22  CONTRACT, FOR TRANSPORTATION SERVICES UNTIL THE TRAINING REQUIREMENTS OF
   23  THIS SECTION HAVE BEEN MET.
   24    S 7. Section 3635 of the education law is  amended  by  adding  a  new
   25  subdivision 9 to read as follows:
   26    9. ANY STUDENT WITH A DISABILITY WHO REQUIRES AN INDEPENDENT EDUCATION
   27  PROGRAM  WHICH  REQUIRES  SPECIALIZED TRANSPORTATION SHALL BE SEPARATELY
   28  TRANSPORTED.
   29    S 8. Paragraph (b) of subdivision 3 of section 236 of the family court
   30  act, as amended by chapter 424 of the laws of 2012, is amended  to  read
   31  as follows:
   32    (b) Such order shall further require that such transportation shall be
   33  provided within thirty days of the issuance of such order, and, shall be
   34  provided  as  part  of  a  municipal cooperation agreement, as part of a
   35  contract awarded to the lowest responsible bidder in accordance with the
   36  provisions of section one hundred three of the general municipal law, or
   37  as part of a contract awarded pursuant to an evaluation of proposals  to
   38  the  extent  authorized by paragraphs e and f of subdivision fourteen of
   39  section three hundred five of the education law and otherwise consistent
   40  with the provisions of this subdivision, and  that  buses  and  vehicles
   41  utilized  in  the  performance  of  such contract shall meet the minimum
   42  requirements for school age children as established by the  commissioner
   43  of transportation. WHEN, IN THE CITY OF NEW YORK, THE BOARD OF EDUCATION
   44  OR THE CITY SCHOOL DISTRICT AWARDS A CONTRACT OR CONTRACTS FOR TRANSPOR-
   45  TATION,  THE  BOARD  OR  CITY  SCHOOL  DISTRICT  SHALL  INCLUDE EMPLOYEE
   46  PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL  OF
   47  QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT
   48  LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORM-
   49  ING  WORK  FOR  EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR
   50  THE CITY SCHOOL  DISTRICT,  THE  PRESERVATION  OF  WAGES,  BENEFITS  AND
   51  SENIORITY  FOR  SUCH  EMPLOYEES,  AND  OTHER  PROVISIONS RELATING TO THE
   52  HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES.
   53    S 9. Paragraph a of subdivision 14 of section  305  of  the  education
   54  law,  as  amended  by  section  1 of chapter 273 of the laws of 1999, is
   55  amended to read as follows:
       S. 5848                             6

    1    a. All contracts  for  the  transportation  of  school  children,  all
    2  contracts  to maintain school buses owned or leased by a school district
    3  that are used for the transportation of school children,  all  contracts
    4  for  mobile  instructional units, and all contracts to provide, maintain
    5  and  operate  cafeteria  or restaurant service by a private food service
    6  management company shall be subject to the approval of the commissioner,
    7  who may disapprove a proposed contract if,  in  his  opinion,  the  best
    8  interests  of  the district will be promoted thereby. Except as provided
    9  in paragraph e of this subdivision,  all  such  contracts  involving  an
   10  annual  expenditure  in  excess  of  the  amount  specified for purchase
   11  contracts in the bidding requirements of the general municipal law shall
   12  be awarded to the lowest responsible bidder, which responsibility  shall
   13  be  determined  by  the board of education or the trustee of a district,
   14  with power hereby vested in the commissioner to reject any or  all  bids
   15  if,  in his opinion, the best interests of the district will be promoted
   16  thereby and, upon such rejection of all  bids,  the  commissioner  shall
   17  order  the board of education or trustee of the district to seek, obtain
   18  and consider new proposals.  PROVIDED, FURTHER, THAT ALL  CONTRACTS  FOR
   19  CITIES  WITH  A POPULATION OF ONE MILLION OR MORE SHALL INCLUDE EMPLOYEE
   20  PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL  OF
   21  QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT
   22  LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORM-
   23  ING  WORK  FOR  EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR
   24  THE CITY SCHOOL  DISTRICT,  THE  PRESERVATION  OF  WAGES,  BENEFITS  AND
   25  SENIORITY  FOR  SUCH  EMPLOYEES,  AND  OTHER  PROVISIONS RELATING TO THE
   26  HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES. All proposals for such
   27  transportation, maintenance, mobile instructional  units,  or  cafeteria
   28  and  restaurant  service  shall  be in such form as the commissioner may
   29  prescribe.  Advertisement for bids shall be published in a newspaper  or
   30  newspapers  designated  by  the  board  of  education  or trustee of the
   31  district  having  general  circulation  within  the  district  for  such
   32  purpose.  Such  advertisement shall contain a statement of the time when
   33  and place where all bids received pursuant to such advertisement will be
   34  publicly opened and read either by the school authorities or by a person
   35  or persons designated by them.  All  bids  received  shall  be  publicly
   36  opened  and  read at the time and place so specified. At least five days
   37  shall elapse between the first publication of such advertisement and the
   38  date so specified for the opening and reading of bids.  The  requirement
   39  for  competitive  bidding  shall not apply to an award of a contract for
   40  the transportation of pupils or  a  contract  for  mobile  instructional
   41  units,  if such award is based on an evaluation of proposals in response
   42  to a request for proposals pursuant to paragraph e of this  subdivision.
   43  The requirement for competitive bidding shall not apply to annual, bien-
   44  nial,  or  triennial  extensions of a contract nor shall the requirement
   45  for competitive bidding apply to quadrennial or quinquennial year exten-
   46  sions of a contract involving transportation of pupils,  maintenance  of
   47  school  buses  or  mobile  instructional  units  secured  either through
   48  competitive bidding or through evaluation of proposals in response to  a
   49  request  for proposals pursuant to paragraph e of this subdivision, when
   50  such extensions (1) are made by the board of education or the trustee of
   51  a district, under rules and regulations prescribed by the  commissioner,
   52  and,  (2)  do  not extend the original contract period beyond five years
   53  from the date cafeteria and restaurant service commenced thereunder  and
   54  in the case of contracts for the transportation of pupils, for the main-
   55  tenance  of  school  buses  or for mobile instructional units, that such
   56  contracts may be extended, except that power is  hereby  vested  in  the
       S. 5848                             7

    1  commissioner, in addition to his existing statutory authority to approve
    2  or disapprove transportation or maintenance contracts, (i) to reject any
    3  extension of a contract beyond the initial term thereof if he finds that
    4  amount  to be paid by the district to the contractor in any year of such
    5  proposed extension fails to reflect any decrease in the regional consum-
    6  er price index for the N.Y., N.Y.-Northeastern, N.J.  area,  based  upon
    7  the  index  for  all urban consumers (CPI-U) during the preceding twelve
    8  month period; and (ii) to reject any extension of a contract  after  ten
    9  years  from  the  date  transportation  or maintenance service commenced
   10  thereunder, or mobile instructional units were first provided, if in his
   11  opinion, the best interests of the district will  be  promoted  thereby.
   12  Upon  such  rejection  of  any  proposed extension, the commissioner may
   13  order the board of education or trustee of the district to seek,  obtain
   14  and  consider bids pursuant to the provisions of this section. The board
   15  of education or the trustee of a school district electing  to  extend  a
   16  contract as provided herein, may, in its discretion, increase the amount
   17  to  be  paid  in each year of the contract extension by an amount not to
   18  exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
   19  N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
   20  ers  (CPI-U),  during the preceding twelve month period, provided it has
   21  been satisfactorily established by the contractor that there has been at
   22  least an equivalent increase in the amount of  his  cost  of  operation,
   23  during the period of the contract.
   24    S  10.  Paragraph  a of subdivision 14 of section 305 of the education
   25  law, as amended by section 2 of chapter 273 of  the  laws  of  1999,  is
   26  amended to read as follows:
   27    a.  All  contracts  for  the  transportation  of  school children, all
   28  contracts to maintain school buses owned or leased by a school  district
   29  that  are  used for the transportation of school children, all contracts
   30  for mobile instructional units, and all contracts to  provide,  maintain
   31  and  operate  cafeteria  or restaurant service by a private food service
   32  management company shall be subject to the approval of the commissioner,
   33  who may disapprove a proposed contract if,  in  his  opinion,  the  best
   34  interests  of  the district will be promoted thereby. All such contracts
   35  involving an annual expenditure in excess of the  amount  specified  for
   36  purchase  contracts in the bidding requirements of the general municipal
   37  law shall be awarded to the lowest responsible bidder,  which  responsi-
   38  bility shall be determined by the board of education or the trustee of a
   39  district,  with power hereby vested in the commissioner to reject any or
   40  all bids if, in his opinion, the best interests of the district will  be
   41  promoted  thereby and, upon such rejection of all bids, the commissioner
   42  shall order the board of education or trustee of the district  to  seek,
   43  obtain  and  consider  new  proposals.    PROVIDED,  FURTHER,  THAT  ALL
   44  CONTRACTS FOR CITIES WITH A POPULATION OF  ONE  MILLION  OR  MORE  SHALL
   45  INCLUDE  EMPLOYEE  PROTECTION  PROVISIONS  RATIONALLY  RELATING  TO  THE
   46  PROMOTION OF A POOL OF QUALIFIED WORKERS  AND  THE  AVOIDANCE  OF  LABOR
   47  DISPUTES,  INCLUDING BUT NOT LIMITED TO PROVISIONS FOR THE PREFERENCE IN
   48  HIRING OF EMPLOYEES PERFORMING WORK FOR EMPLOYERS UNDER  CONTRACTS  WITH
   49  THE  BOARD OF EDUCATION OR THE CITY SCHOOL DISTRICT, THE PRESERVATION OF
   50  WAGES, BENEFITS AND SENIORITY FOR SUCH EMPLOYEES, AND  OTHER  PROVISIONS
   51  RELATING  TO  THE  HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES. All
   52  proposals for such  transportation,  maintenance,  mobile  instructional
   53  units,  or cafeteria and restaurant service shall be in such form as the
   54  commissioner may prescribe. Advertisement for bids shall be published in
   55  a newspaper or newspapers designated by the board of education or  trus-
   56  tee  of  the district having general circulation within the district for
       S. 5848                             8

    1  such purpose. Such advertisement shall contain a statement of  the  time
    2  when  and  place  where all bids received pursuant to such advertisement
    3  will be publicly opened and read either by the school authorities or  by
    4  a  person  or  persons  designated  by  them. All bids received shall be
    5  publicly opened and read at the time and place so  specified.  At  least
    6  five  days shall elapse between the first publication of such advertise-
    7  ment and the date so specified for the opening and reading of bids.  The
    8  requirement for competitive bidding shall not apply to annual, biennial,
    9  or  triennial  extensions  of  a  contract nor shall the requirement for
   10  competitive bidding apply to quadrennial or quinquennial year extensions
   11  of a contract involving transportation of pupils, maintenance of  school
   12  buses  or mobile instructional units secured through competitive bidding
   13  when such extensions (1) are made by the board of education or the trus-
   14  tee of a district, under rules and regulations prescribed by the commis-
   15  sioner, and, (2) do not extend the original contract period beyond  five
   16  years  from  the  date cafeteria and restaurant service commenced there-
   17  under and in the case of contracts for the transportation of pupils, for
   18  the maintenance of school buses or for mobile instructional units,  that
   19  such  contracts  may  be extended, except that power is hereby vested in
   20  the commissioner, in addition to his  existing  statutory  authority  to
   21  approve  or  disapprove  transportation or maintenance contracts, (i) to
   22  reject any extension of a contract beyond the initial term thereof if he
   23  finds that amount to be paid by the district to the  contractor  in  any
   24  year  of  such  proposed  extension fails to reflect any decrease in the
   25  regional consumer price index  for  the  N.Y.,  N.Y.-Northeastern,  N.J.
   26  area,  based  upon  the index for all urban consumers (CPI-U) during the
   27  preceding twelve month period; and (ii) to reject  any  extension  of  a
   28  contract  after  ten  years  from the date transportation or maintenance
   29  service commenced thereunder, or mobile instructional units  were  first
   30  provided,  if in his opinion, the best interests of the district will be
   31  promoted thereby. Upon such rejection of  any  proposed  extension,  the
   32  commissioner may order the board of education or trustee of the district
   33  to  seek,  obtain  and  consider bids pursuant to the provisions of this
   34  section. The board of education or the  trustee  of  a  school  district
   35  electing   to  extend  a  contract  as  provided  herein,  may,  in  its
   36  discretion, increase the amount to be paid in each year of the  contract
   37  extension  by  an amount not to exceed the regional consumer price index
   38  increase for the N.Y., N.Y.-Northeastern,  N.J.  area,  based  upon  the
   39  index for all urban consumers (CPI-U), during the preceding twelve month
   40  period,  provided it has been satisfactorily established by the contrac-
   41  tor that there has been at least an equivalent increase in the amount of
   42  his cost of operation, during the period of the contract.
   43    S 11. This act shall take effect immediately, provided, however,  that
   44  any  rules  and regulations necessary for the implementation of this act
   45  shall be promulgated within ninety days;  provided,  further,  that  the
   46  amendments to subdivision 2 of section 3650 of the education law made by
   47  section  two of this act shall take effect on the same date and the same
   48  manner as section 5 of part E of chapter 501 of the laws of 2012,  takes
   49  effect;  and  provided, further, that the amendments to subdivision 4 of
   50  section 1229-d of the vehicle and traffic law made by  section  five  of
   51  this  act  shall  take  effect  on  the same date and the same manner as
   52  section 6 of part E of chapter 501 of the laws of  2012,  takes  effect;
   53  provided,  further  that the amendments to paragraph a of subdivision 14
   54  of section 305 of the education law made by section  nine  of  this  act
   55  shall  be  subject  to  the  expiration  and reversion of such paragraph
   56  pursuant to section 4 of chapter 698 of the laws of  1996,  as  amended,
       S. 5848                             9

    1  when upon such date the provisions of section ten of this act shall take
    2  effect.
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