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.
