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A02781 Summary:

A02781 Actions:

A02781 Committee Votes:

A02781 Floor Votes:

A02781 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2781--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  NOLAN,  O'DONNELL,  TITONE, MAYER, BICHOTTE,
          MOSLEY, WALKER, PICHARDO, WEPRIN,  COLTON,  ORTIZ,  TITUS,  RODRIGUEZ,
          RICHARDSON,  BENEDETTO, CLARK, JOYNER, SEPULVEDA -- Multi-Sponsored by
          -- M. of A.  BRENNAN, BRONSON, CRESPO, DAVILA, SCHIMEL  --  read  once
          and referred to the Committee on Education -- reported and referred to
          the  Committee  on  Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        AN ACT to amend the education law,  in  relation  to  certain  contracts
          regarding bus drivers and bus driver's 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,  by vote of the inhabitants of the district entitled to vote, or
     8  to contract for the operation, maintenance and garaging of  motor  vehi-
     9  cles  owned  by  the  district,  in accordance with such rules and regu-
    10  lations as such trustees may establish, consistent with the  regulations
    11  of  the  commissioner  of  education.  Upon  authorization  by  a school
    12  district meeting, every such contract of transportation may be made  for
    13  a  period not exceeding five years, notwithstanding any provision of any
    14  other law inconsistent herewith.  With respect to any  contract  entered
    15  into  under  this  subdivision,  the  district  shall abide by the terms
    16  contained in any collectively  bargained  agreement  applicable  to  bus
    17  drivers  and  drivers' assistants entered into by the contracting entity
    18  governing disciplinary actions against bus drivers and drivers'  assist-
    19  ants  employed by such contracting entity prior to the district imposing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02093-02-5
        A. 2781--A                          2
 
     1  or implementing an adverse disciplinary action against  such  driver  or
     2  drivers' assistant.
     3    §  2.  Subdivision 27 of section 1709 of the education law, as amended
     4  by chapter 737 of the laws of 1992, is amended to read as follows:
     5    27. To contract with any person, corporation or other school  district
     6  for  the conveyance of pupils residing within the district, when author-
     7  ized to do so under subdivision nineteen of section two  thousand  twen-
     8  ty-one of this chapter, by vote of the inhabitants of the district enti-
     9  tled to vote, or to contract for the operation, maintenance and garaging
    10  of  motor  vehicles owned by the district, in accordance with such rules
    11  and regulations as such board of  education  may  establish,  consistent
    12  with the regulations of the commissioner. Upon authorization by a school
    13  district  meeting, every such contract of transportation may be made for
    14  a period not exceeding five years, notwithstanding any provision of  any
    15  other  law  inconsistent herewith.  With respect to any contract entered
    16  into under this subdivision, the  district  shall  abide  by  the  terms
    17  contained  in  any  collectively  bargained  agreement applicable to bus
    18  drivers and drivers' assistants entered into by the  contracting  entity
    19  governing  disciplinary actions against bus drivers and drivers' assist-
    20  ants employed by such contracting entity, prior to the district imposing
    21  or implementing an adverse disciplinary action against  such  driver  or
    22  drivers' assistant.
    23    §  3.  Subdivision 12 of section 2503 of the education law, as amended
    24  by chapter 171 of the laws of 1996, is amended to read as follows:
    25    12. Shall provide by contract or otherwise for the  transportation  of
    26  children  to  and from any school or institution of learning whenever in
    27  its judgment such transportation is required because of  the  remoteness
    28  of the school to the pupil or for the promotion of the best interests of
    29  such  children;  and,  in  the case of an enlarged city school district,
    30  shall provide such transportation to children residing outside the  city
    31  limits  and  may, in its discretion, provide transportation for children
    32  residing within the city limits. Any such contract may  be  made  for  a
    33  period of not exceeding five years, notwithstanding any provision of any
    34  charter  or other provision of law inconsistent herewith, provided, that
    35  for the city school district of the city of White Plains, if transporta-
    36  tion is provided by such district, pursuant to other provisions of  this
    37  chapter,  the district shall abide by the terms contained in any collec-
    38  tively bargained  agreement  applicable  to  bus  drivers  and  drivers'
    39  assistants entered into by the contracting entity governing disciplinary
    40  actions  against  bus  drivers  and drivers' assistants employed by such
    41  contracting entity, prior to the district imposing  or  implementing  an
    42  adverse  disciplinary  action against such driver or drivers' assistant.
    43  Provided further that the cost of such transportation:
    44    a.   to and from schools within  the  school  district  for  distances
    45  greater  than two or three miles, as applicable, and to and from schools
    46  outside the district within the mileage limitations prescribed in  para-
    47  graph  a of subdivision one of section thirty-six hundred thirty-five of
    48  this chapter shall always be an ordinary contingent expense, and
    49    b. for distances less than two or three miles, as applicable,  or  for
    50  greater  than  fifteen  miles  to  and from schools outside the district
    51  shall be an ordinary contingent expense if: (i) such transportation  was
    52  provided  during the preceding school year and the qualified voters have
    53  not passed a special proposition constricting  the  mileage  limitations
    54  for  the  current school year from those in effect in the prior year, or
    55  (ii) the qualified voters have passed a  special  proposition  expanding
    56  the mileage limitations in effect in the prior year.
        A. 2781--A                          3
 
     1    §  4.  Subdivision  19 of section 2554 of the education law, as renum-
     2  bered by chapter 762 of the laws of 1950, is amended to read as follows:
     3    19.  To  provide by contract for the transportation of children to and
     4  from any school or institution of learning whenever in its judgment such
     5  transportation is required because of the remoteness of  the  school  to
     6  the  pupil  or for the promotion of the best interests of such children.
     7  Any such contract may be made for a period  not  exceeding  five  years,
     8  notwithstanding  any  provision of any charter or other provision of law
     9  inconsistent herewith, provided, that for the city  school  district  of
    10  the  city  of  Yonkers,  if transportation is provided by such district,
    11  pursuant to other provisions of this chapter, the district  shall  abide
    12  by  the terms contained in any collectively bargained agreement applica-
    13  ble to bus drivers and drivers' assistants entered into by the contract-
    14  ing entity governing disciplinary actions against bus drivers and  driv-
    15  ers'  assistants  employed  by  such  contracting  entity,  prior to the
    16  district imposing or implementing an adverse disciplinary action against
    17  such driver or drivers' assistant.
    18    § 5. This act shall take effect immediately.