STATE OF NEW YORK ________________________________________________________________________ 7030 2017-2018 Regular Sessions IN ASSEMBLY March 29, 2017 ___________ Introduced by M. of A. TITONE, ARROYO, COOK, GOTTFRIED, MAYER, SIMON, McDONOUGH, SANTABARBARA -- read once and referred to the Committee on Education 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 amended by section 5 of part E of chapter 501 of the laws of 2012, is 3 amended to read as follows: 4 2. (a) The commissioner, in consultation with the justice center for 5 the protection of people with special needs, shall promulgate rules and 6 regulations requiring every school bus driver operating a school bus 7 which has or will have one or more students with a disability as passen- 8 gers to receive comprehensive training and instruction relating to the 9 understanding of, and attention to, the special needs of such students. 10 [Such training and instruction may be included with the training and 11 instruction required pursuant to paragraph a of subdivision one of this 12 section and shall be provided at least once per year or more frequently 13 as determined by the commissioner in consultation with the state compre- 14 hensive school bus driver safety training council.] Training will 15 provide school bus drivers and school bus attendants with the knowledge, 16 skills, and attitudes necessary to safely and appropriately transport 17 and supervise a child with a disability as defined by the federal Indi- 18 viduals With Disabilities Education Act. This training will include, at 19 a minimum, an introduction to the characteristics and needs of children 20 and youth with disabilities including disabilities affecting intellectu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09167-01-7
A. 7030 2 1 al, communication, social/emotional, sensory processing abilities, motor 2 skills, and medical/health needs. In addition, training developed by 3 independent disability specialists will include modules on disability 4 awareness and sensitivity, effective strategies to promote positive 5 behavior, and communication with parents. For the purposes of this 6 subdivision, the term "student with a disability" shall have the same 7 meaning as such term is defined in subdivision one of section forty-four 8 hundred one of this chapter. [Any person employed as a school bus driver 9 on January first, two thousand nine who is subject to the provisions of 10 this subdivision shall comply with the requirements of this subdivision 11 by July first, two thousand nine. Any school bus driver hired after 12 January first, two thousand nine who is subject to the requirements of 13 this subdivision shall complete such training and instruction prior to 14 assuming his or her duties.] The training and instruction required by 15 this subdivision may be included with the training and instruction 16 required pursuant to paragraph a of subdivision one of this section and 17 this subdivision and shall be provided at least once per year or more 18 frequently as determined by the commissioner in consultation with the 19 state comprehensive school bus driver safety training council. 20 (b) Any person employed as a school bus driver or school bus attendant 21 shall receive not less than ten hours of training to equip them to safe- 22 ly and appropriately transport and supervise children with disabilities. 23 Included in this ten hours will be not fewer than two hours of training 24 in positive behavior support, including prevention of bullying. Annual- 25 ly, such personnel will receive four hours of inservice training which 26 will include at least one hour on positive behavioral interventions 27 support. 28 § 2. Section 3650 of the education law is amended by adding a new 29 subdivision 3 to read as follows: 30 3. Any person, firm or corporation who employs a school bus driver, 31 who fails to complete the training requirements set forth in this 32 section shall be subject to a fine of five thousand dollars for a first 33 violation and ten thousand dollars for a second violation. A third 34 violation of failing to complete the training requirements of this 35 section shall be deemed a material breach of any contract for transpor- 36 tation services and such contract shall be deemed null and void. A 37 school district may not enter into a contract, or extend an existing 38 contract, for transportation services until the training requirements of 39 this section have been met. 40 § 3. Subdivision 4 of section 1229-d of the vehicle and traffic law, 41 as amended by section 6 of part E of chapter 501 of the laws of 2012, is 42 amended to read as follows: 43 (4) (a) The commissioner of education, in consultation with the 44 justice center for the protection of people with special needs, shall 45 promulgate rules and regulations requiring that every school bus attend- 46 ant serving a student or students with a disability receive comprehen- 47 sive training and instruction relating to the understanding of and 48 attention to the special needs of such students. [Such training and 49 instruction may be included with the training and instruction required 50 pursuant to subdivision three of this section and shall be provided at 51 least once per year or more frequently as determined by the commissioner 52 of education in consultation with the state comprehensive school bus 53 driver safety training council.] Training will provide school bus driv- 54 ers and school bus attendants with the knowledge, skills, and attitudes 55 necessary to safely and appropriately transport and supervise a child 56 with a disability as defined by the federal Individuals With Disabili-
A. 7030 3 1 ties Education Act. This training will include, at a minimum, an intro- 2 duction to the characteristics and needs of children and youth with 3 disabilities including disabilities affecting intellectual, communi- 4 cation, social/emotional, sensory processing abilities, motor skills, 5 and medical/health needs. In addition, training developed by independent 6 disability specialists will include modules on disability awareness and 7 sensitivity, effective strategies to promote positive behavior, and 8 communication with parents. For the purposes of this subdivision, the 9 term "student with a disability" shall have the same meaning as such 10 term is defined in subdivision one of section forty-four hundred one of 11 the education law. [Any person employed as a school bus attendant serv- 12 ing a student or students with a disability on January first, two thou- 13 sand nine shall comply with the requirements of this subdivision by July 14 first, two thousand nine. Any person hired after January first, two 15 thousand nine shall complete such training, instruction and testing 16 prior to assuming his or her duties as a school bus attendant serving a 17 student or students with a disability.] The training and instruction 18 required by this subdivision may be included with the training and 19 instruction required pursuant to subdivision three of this section and 20 shall be provided at least once per year or more frequently as deter- 21 mined by the commissioner in consultation with the state comprehensive 22 school bus driver safety training council. 23 (b) Any person employed as a school bus driver or school bus attendant 24 shall receive not less than ten hours of training to equip them to safe- 25 ly and appropriately transport and supervise children with disabilities. 26 Included in this ten hours will be not fewer than two hours of training 27 in positive behavior support, including prevention of bullying. Annual- 28 ly, such personnel will receive four hours of inservice training which 29 will include at least one hour on positive behavioral interventions 30 support. 31 § 4. Section 1229-d of the vehicle and traffic law is amended by 32 adding a new subdivision 5 to read as follows: 33 (5) Any person, firm or corporation who employs a school bus attend- 34 ant, who fails to complete the training requirements set forth in this 35 section shall be subject to a fine of five thousand dollars for a first 36 violation and ten thousand dollars for a second violation. A third 37 violation of failing to complete the training requirements of this 38 section shall be deemed a material breach of any contract for transpor- 39 tation services and such contract shall be deemed null and void. A 40 school district may not enter into a contract, or extend an existing 41 contract, for transportation services until the training requirements of 42 this section have been met. 43 § 5. Section 3635 of the education law is amended by adding a new 44 subdivision 9 to read as follows: 45 9. Any student with a disability who requires an independent education 46 program which requires specialized transportation shall be separately 47 transported. 48 § 6. Paragraph (b) of subdivision 3 of section 236 of the family court 49 act, as amended by chapter 424 of the laws of 2012, is amended to read 50 as follows: 51 (b) Such order shall further require that such transportation shall be 52 provided within thirty days of the issuance of such order, and, shall be 53 provided as part of a municipal cooperation agreement, as part of a 54 contract awarded to the lowest responsible bidder in accordance with the 55 provisions of section one hundred three of the general municipal law, or 56 as part of a contract awarded pursuant to an evaluation of proposals to
A. 7030 4 1 the extent authorized by paragraphs e and f of subdivision fourteen of 2 section three hundred five of the education law and otherwise consistent 3 with the provisions of this subdivision, and that buses and vehicles 4 utilized in the performance of such contract shall meet the minimum 5 requirements for school age children as established by the commissioner 6 of transportation. When, in the city of New York, the board of education 7 or the city school district awards a contract or contracts for transpor- 8 tation, the board or city school district shall include employee 9 protection provisions rationally relating to the promotion of a pool of 10 qualified workers and the avoidance of labor disputes, including but not 11 limited to provisions for the preference in hiring of employees perform- 12 ing work for employers under contracts with the board of education or 13 the city school district, the preservation of wages, benefits and 14 seniority for such employees, and other provisions relating to the 15 hiring, compensation, and retention of employees. 16 § 7. Paragraph a of subdivision 14 of section 305 of the education 17 law, as amended by chapter 273 of the laws of 1999, is amended to read 18 as follows: 19 a. All contracts for the transportation of school children, all 20 contracts to maintain school buses owned or leased by a school district 21 that are used for the transportation of school children, all contracts 22 for mobile instructional units, and all contracts to provide, maintain 23 and operate cafeteria or restaurant service by a private food service 24 management company shall be subject to the approval of the commissioner, 25 who may disapprove a proposed contract if, in his opinion, the best 26 interests of the district will be promoted thereby. Except as provided 27 in paragraph e of this subdivision, all such contracts involving an 28 annual expenditure in excess of the amount specified for purchase 29 contracts in the bidding requirements of the general municipal law shall 30 be awarded to the lowest responsible bidder, which responsibility shall 31 be determined by the board of education or the trustee of a district, 32 with power hereby vested in the commissioner to reject any or all bids 33 if, in his opinion, the best interests of the district will be promoted 34 thereby and, upon such rejection of all bids, the commissioner shall 35 order the board of education or trustee of the district to seek, obtain 36 and consider new proposals. Provided, further, that all contracts for 37 cities with a population of one million or more shall include employee 38 protection provisions rationally relating to the promotion of a pool of 39 qualified workers and the avoidance of labor disputes, including but not 40 limited to provisions for the preference in hiring of employees perform- 41 ing work for employers under contracts with the board of education or 42 the city school district, the preservation of wages, benefits and 43 seniority for such employees, and other provisions relating to the 44 hiring, compensation, and retention of employees. All proposals for such 45 transportation, maintenance, mobile instructional units, or cafeteria 46 and restaurant service shall be in such form as the commissioner may 47 prescribe. Advertisement for bids shall be published in a newspaper or 48 newspapers designated by the board of education or trustee of the 49 district having general circulation within the district for such 50 purpose. Such advertisement shall contain a statement of the time when 51 and place where all bids received pursuant to such advertisement will be 52 publicly opened and read either by the school authorities or by a person 53 or persons designated by them. All bids received shall be publicly 54 opened and read at the time and place so specified. At least five days 55 shall elapse between the first publication of such advertisement and the 56 date so specified for the opening and reading of bids. The requirement
A. 7030 5 1 for competitive bidding shall not apply to an award of a contract for 2 the transportation of pupils or a contract for mobile instructional 3 units, if such award is based on an evaluation of proposals in response 4 to a request for proposals pursuant to paragraph e of this subdivision. 5 The requirement for competitive bidding shall not apply to annual, bien- 6 nial, or triennial extensions of a contract nor shall the requirement 7 for competitive bidding apply to quadrennial or quinquennial year exten- 8 sions of a contract involving transportation of pupils, maintenance of 9 school buses or mobile instructional units secured either through 10 competitive bidding or through evaluation of proposals in response to a 11 request for proposals pursuant to paragraph e of this subdivision, when 12 such extensions (1) are made by the board of education or the trustee of 13 a district, under rules and regulations prescribed by the commissioner, 14 and, (2) do not extend the original contract period beyond five years 15 from the date cafeteria and restaurant service commenced thereunder and 16 in the case of contracts for the transportation of pupils, for the main- 17 tenance of school buses or for mobile instructional units, that such 18 contracts may be extended, except that power is hereby vested in the 19 commissioner, in addition to his existing statutory authority to approve 20 or disapprove transportation or maintenance contracts, (i) to reject any 21 extension of a contract beyond the initial term thereof if he finds that 22 amount to be paid by the district to the contractor in any year of such 23 proposed extension fails to reflect any decrease in the regional consum- 24 er price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon 25 the index for all urban consumers (CPI-U) during the preceding twelve 26 month period; and (ii) to reject any extension of a contract after ten 27 years from the date transportation or maintenance service commenced 28 thereunder, or mobile instructional units were first provided, if in his 29 opinion, the best interests of the district will be promoted thereby. 30 Upon such rejection of any proposed extension, the commissioner may 31 order the board of education or trustee of the district to seek, obtain 32 and consider bids pursuant to the provisions of this section. The board 33 of education or the trustee of a school district electing to extend a 34 contract as provided herein, may, in its discretion, increase the amount 35 to be paid in each year of the contract extension by an amount not to 36 exceed the regional consumer price index increase for the N.Y., 37 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- 38 ers (CPI-U), during the preceding twelve month period, provided it has 39 been satisfactorily established by the contractor that there has been at 40 least an equivalent increase in the amount of his cost of operation, 41 during the period of the contract. 42 § 8. This act shall take effect immediately, provided, however, that 43 any rules and regulations necessary for the implementation of this act 44 shall be promulgated within ninety days.