STATE OF NEW YORK
________________________________________________________________________
7998--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 30, 2019
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to 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. Regarding any
15 district wholly within the counties of Westchester, Putnam, Nassau and
16 Suffolk and with respect to any contract entered into under this subdi-
17 vision, such district shall abide by the terms contained in any collec-
18 tively bargained agreement applicable to bus drivers and drivers'
19 assistants entered into by the contracting entity governing disciplinary
20 actions against bus drivers and drivers' assistants employed by such
21 contracting entity prior to the district imposing or implementing an
22 adverse disciplinary action against such driver or drivers' assistant,
23 unless the superintendent of the district certifies that the act or
24 omission of such driver or driver's assistant, if true, constituted
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11556-03-9
A. 7998--A 2
1 egregious misconduct that created a clear and present danger to the
2 safety and welfare of any child in his or her care. When such a certif-
3 ication is made by a superintendent, and notwithstanding procedures set
4 forth in any contract regarding grievances against a bus driver or driv-
5 er's assistant, an expedited fact-finding process shall be completed
6 within five business days from the day of the alleged wrongdoing by such
7 bus driver or driver's assistant. Any driver or driver's assistant who
8 shall incur a diminution in wages after the commencement of an expedited
9 process authorized by this subdivision, shall, if the superintendent
10 determination is improper or if he or she is exonerated of commission of
11 the underlying wrongdoing, be entitled to punitive damages in an amount
12 to be determined by such finder of fact.
13 § 2. Subdivision 27 of section 1709 of the education law, as amended
14 by chapter 737 of the laws of 1992, is amended to read as follows:
15 27. To contract with any person, corporation or other school district
16 for the conveyance of pupils residing within the district, when author-
17 ized to do so under subdivision nineteen of section two thousand twen-
18 ty-one of this chapter, by vote of the inhabitants of the district enti-
19 tled to vote, or to contract for the operation, maintenance and garaging
20 of motor vehicles owned by the district, in accordance with such rules
21 and regulations as such board of education may establish, consistent
22 with the regulations of the commissioner. Upon authorization by a school
23 district meeting, every such contract of transportation may be made for
24 a period not exceeding five years, notwithstanding any provision of any
25 other law inconsistent herewith. Regarding any district wholly within
26 the counties of Westchester, Putnam, Nassau and Suffolk and with respect
27 to any contract entered into under this subdivision, such district shall
28 abide by the terms contained in any collectively bargained agreement
29 applicable to bus drivers and drivers' assistants entered into by the
30 contracting entity governing disciplinary actions against bus drivers
31 and drivers' assistants employed by such contracting entity prior to the
32 district imposing or implementing an adverse disciplinary action against
33 such driver or drivers' assistant, unless the superintendent of the
34 district certifies that the act or omission of such driver or driver's
35 assistant, if true, constituted egregious misconduct that created a
36 clear and present danger to the safety and welfare of any child in his
37 or her care. When such a certification is made by a superintendent, and
38 notwithstanding procedures set forth in any contract regarding griev-
39 ances against a bus driver or driver's assistant, an expedited fact-
40 finding process shall be completed within five business days from the
41 day of the alleged wrongdoing by such bus driver or driver's assistant.
42 Any driver or driver's assistant who shall incur a diminution in wages
43 after the commencement of an expedited process authorized by this subdi-
44 vision, shall, if the superintendent determination is improper or if he
45 or she is exonerated of commission of the underlying wrongdoing, be
46 entitled to punitive damages in an amount to be determined by such
47 finder of fact.
48 § 3. Subdivision 12 of section 2503 of the education law, as amended
49 by chapter 171 of the laws of 1996, is amended to read as follows:
50 12. Shall provide by contract or otherwise for the transportation of
51 children to and from any school or institution of learning whenever in
52 its judgment such transportation is required because of the remoteness
53 of the school to the pupil or for the promotion of the best interests of
54 such children; and, in the case of an enlarged city school district,
55 shall provide such transportation to children residing outside the city
56 limits and may, in its discretion, provide transportation for children
A. 7998--A 3
1 residing within the city limits. Any such contract may be made for a
2 period of not exceeding five years, notwithstanding any provision of any
3 charter or other provision of law inconsistent herewith, provided, that
4 any city school district wholly within the counties of Westchester,
5 Putnam, Nassau and Suffolk, if transportation is provided by such
6 district, pursuant to other provisions of this chapter such district
7 shall abide by the terms contained in any collectively bargained agree-
8 ment applicable to bus drivers and drivers' assistants entered into by
9 the contracting entity governing disciplinary actions against bus driv-
10 ers and drivers' assistants employed by such contracting entity prior to
11 the district imposing or implementing an adverse disciplinary action
12 against such driver or drivers' assistant, unless the superintendent of
13 the district certifies that the act or omission of such driver or driv-
14 er's assistant, if true, constituted egregious misconduct that created a
15 clear and present danger to the safety and welfare of any child in his
16 or her care. When such a certification is made by a superintendent, and
17 notwithstanding procedures set forth in any contract regarding griev-
18 ances against a bus driver or driver's assistant, an expedited fact-
19 finding process shall be completed within five business days from the
20 day of the alleged wrongdoing by such bus driver or driver's assistant.
21 Any driver or driver's assistant who shall incur a diminution in wages
22 after the commencement of an expedited process authorized by this subdi-
23 vision, shall, if the superintendent determination is improper or if he
24 or she is exonerated of commission of the underlying wrongdoing, be
25 entitled to punitive damages in an amount to be determined by such
26 finder of fact. Provided further, that the cost of such transportation:
27 a. to and from schools within the school district for distances
28 greater than two or three miles, as applicable, and to and from schools
29 outside the district within the mileage limitations prescribed in para-
30 graph a of subdivision one of section thirty-six hundred thirty-five of
31 this chapter shall always be an ordinary contingent expense, and
32 b. for distances less than two or three miles, as applicable, or for
33 greater than fifteen miles to and from schools outside the district
34 shall be an ordinary contingent expense if: (i) such transportation was
35 provided during the preceding school year and the qualified voters have
36 not passed a special proposition constricting the mileage limitations
37 for the current school year from those in effect in the prior year, or
38 (ii) the qualified voters have passed a special proposition expanding
39 the mileage limitations in effect in the prior year.
40 § 4. Subdivision 19 of section 2554 of the education law, as renum-
41 bered by chapter 762 of the laws of 1950, is amended to read as follows:
42 19. To provide by contract for the transportation of children to and
43 from any school or institution of learning whenever in its judgment such
44 transportation is required because of the remoteness of the school to
45 the pupil or for the promotion of the best interests of such children.
46 Any such contract may be made for a period not exceeding five years,
47 notwithstanding any provision of any charter or other provision of law
48 inconsistent herewith, provided, that any city school district wholly
49 within the counties of Westchester, Putnam, Nassau and Suffolk, if
50 transportation is provided by such district, pursuant to other
51 provisions of this chapter such district shall abide by the terms
52 contained in any collectively bargained agreement applicable to bus
53 drivers and drivers' assistants entered into by the contracting entity
54 governing disciplinary actions against bus drivers and drivers' assist-
55 ants employed by such contracting entity prior to the district imposing
56 or implementing an adverse disciplinary action against such driver or
A. 7998--A 4
1 drivers' assistant, unless the superintendent of the district certifies
2 that the act or omission of such driver or drivers' assistant, if true,
3 constituted egregious misconduct that created a clear and present danger
4 to the safety and welfare of any child in his or her care. When such a
5 certification is made by a superintendent, and notwithstanding proce-
6 dures set forth in any contract regarding grievances against a bus driv-
7 er or drivers' assistant, an expedited fact-finding process shall be
8 completed within five business days from the day of the alleged wrongdo-
9 ing by such bus driver or drivers' assistant. Any driver or drivers'
10 assistant who shall incur a diminution in wages after the commencement
11 of an expedited process authorized by this subdivision, shall, if the
12 superintendent determination is improper or if he or she is exonerated
13 of commission of the underlying wrongdoing, be entitled to punitive
14 damages in an amount to be determined by such finder of fact.
15 § 5. This act shall take effect immediately.