Senate Bill S6207

2009-2010 Legislative Session

Requires school bus drivers and attendants who ride with children attending preschool special education programs to complete training

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Oct 07, 2009	referred to rules

2009-S6207 (ACTIVE) - Details

See Assembly Version of this Bill:: A9147
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3287
2013-2014: A4101
2015-2016: A2231
2017-2018: A184
2019-2020: A1637
2021-2022: A1621
2023-2024: A3423
2025-2026: A3434

2009-S6207 (ACTIVE) - Summary

Requires school bus drivers and attendants who ride with children attending preschool special education programs to complete training in the needs of such children.

2009-S6207 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6207

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring
school bus drivers and school bus attendants who ride with children
attending preschool special education programs to complete training in
the needs of such children


 PURPOSE :
This bill would include preschool special education transportation
providers who are hired by counties to adhere to state training
requirements for bus drivers and attendants who work with students
with disabilities.


 SUMMARY OF PROVISIONS :
Subdivisions 1 and 2 of the vehicle and traffic law, subdivision 1 as
added by chapter 675 of the laws of 1985 and subdivision 2 as amended
by chapter 164 of the laws of 2003 are amended to include preschool
special education transportation providers hired by counties to be
within the students with disabilities training requirements provided
in this section.

 JUSTIFICATION :
Chapter 472 of 2002 established training requirements for school bus

attendants and drivers who transport students with disabilities,
bringing all school bus drivers, monitors and attendants under the
jurisdiction of the State Education Department for hiring and training
qualifications. Prior to this, there were no requirements for training
or hiring qualifications of transportation personnel, and no state
agency had any jurisdiction. The 2002 law did not differentiate
between public and private settings and private and applies to public
schools that contract out, to public school students who are privately
placed and for those students with disabilities who require a 12 month
program.

In certain circumstances, counties are responsible for providing
transportation covered under the Committees on Preschool Special
Education. This represents some of our youngest and most vulnerable
children with disabilities.  Due to a loophole in Chapter 472 of 2002,
counties are not consistently required to meet state standards for
transporting these students.  For example, if a county contracts with
a school district to provide the transportation, drivers would have to
be trained. If the county pays for the service directly, there is no
training requirement.  ensure the same state-wide protections This
bill will ensure the same state-wide protections to students of all
ages regardless of who arranges for their transportation.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Sixty days after it becomes law.

2009-S6207 (ACTIVE) - Bill Text download pdf

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

                                  6207

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             October 7, 2009
                               ___________

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

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  school  bus  drivers  and school bus attendants who ride with children
  attending preschool special education programs to complete training in
  the needs of such children

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

  Section  1.  Subdivisions 1 and 2 of section 1229-d of the vehicle and
traffic law, subdivision 1 as added by chapter 675 of the laws  of  1985
and  subdivision  2  as  amended by chapter 164 of the laws of 2003, are
amended to read as follows:
  (1) "School bus attendant" shall mean a person employed or  authorized
by  a school district OR COUNTY PROVIDING TRANSPORTATION TO A "PRESCHOOL
CHILD" PURSUANT TO PARAGRAPH I OF SUBDIVISION ONE OF SECTION  FORTY-FOUR
HUNDRED  TEN  OF THE EDUCATION LAW to ride on a school bus as defined in
paragraph (a) of subdivision one of section five hundred nine-a of  this
chapter  for the purpose of maintaining order or rendering assistance to
pupils with special needs.
  (2) Screening of applicants for position of school bus attendant (a) a
school district, pursuant to a policy statement or resolution adopted by
such district, may review the qualifications of every applicant for  the
position  of  school  bus attendant on school buses operated by or under
contract to the district and determine at  its  discretion  whether  the
applicant  is  suitable for qualification. In such cases, applicants may
be made the subject of a criminal history check.  Upon  receipt  of  the
fingerprints  forwarded to them by such school district, the division of
criminal justice services shall forward  to  such  school  district  the
criminal  history  review. A fee not to exceed the cost for the criminal
history review shall be charged by  the  division  of  criminal  justice

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14664-02-9

S. 6207                             2

services.  Such fingerprints also may be submitted to the federal bureau
of investigation for a national criminal history record check.
  (b)  In  determining  the  qualifications  of school bus attendants, a
school district OR A COUNTY may use the criteria listed  in  subdivision
two of section five hundred nine-cc of this chapter relative to criminal
convictions.
  (c)  All  inquiries made, and the use of any criminal record obtained,
pursuant to this section shall be in accordance with section two hundred
ninety-six of the executive law.  In  addition,  the  secondary  dissem-
ination  of  such information shall be limited to other authorized agen-
cies, by express agreement between the school district and the  division
of  criminal justice services, or as authorized pursuant to federal law,
and rules and  regulations.  No  cause  of  action  against  the  school
district,  COUNTY  or  division of criminal justice services for damages
related to the dissemination of criminal  history  records  pursuant  to
this section shall exist when the school district, COUNTY or division of
criminal  justice  services has reasonably and in good faith relied upon
the accuracy and completeness of criminal history information  furnished
to it by qualified agencies.
  (D)  IN  DETERMINING  THE  QUALIFICATIONS  OF SCHOOL BUS ATTENDANTS, A
COUNTY PROVIDING TRANSPORTATION TO A "PRESCHOOL CHILD" PURSUANT TO PARA-
GRAPH I OF SUBDIVISION ONE OF SECTION  FORTY-FOUR  HUNDRED  TEN  OF  THE
EDUCATION LAW SHALL USE THE SAME CRITERIA SET FORTH IN THIS SUBDIVISION.
  S  2.  Subdivision 4 of section 1229-d of the vehicle and traffic law,
as added by chapter 181 of the laws of  2007,  is  amended  to  read  as
follows:
  (4)  The  commissioner  of  education,  in consultation with the state
commission on quality care and advocacy for persons  with  disabilities,
shall  promulgate  rules and regulations requiring that every school bus
attendant serving a PRESCHOOL CHILD, student or students with a disabil-
ity receive training and instruction relating to  the  understanding  of
and  attention  to the special needs of such students. Such training and
instruction may be included with the training and  instruction  required
pursuant  to  subdivision three of this section and shall be provided at
least once per year or more frequently as determined by the commissioner
of education in consultation with the  state  comprehensive  school  bus
driver  safety  training  council. For the purposes of this subdivision,
the term "student with a disability" shall have the same meaning as such
term is defined in subdivision one of section forty-four hundred one  of
the  education  law  AND  THE TERM "PRESCHOOL CHILD" SHALL HAVE THE SAME
MEANING AS SUCH TERM IS DEFINED IN PARAGRAPH I  OF  SUBDIVISION  ONE  OF
SECTION  FORTY-FOUR  HUNDRED  TEN  OF  THE  EDUCATION  LAW.   Any person
employed as a school bus attendant serving a student or students with  a
disability  on  January  first,  two thousand nine shall comply with the
requirements of this subdivision by July first, two thousand  nine.  Any
person  hired after January first, two thousand nine shall complete such
training, instruction and testing prior to assuming his or her duties as
a school bus attendant serving a student or students with a  disability.
ANY  PERSON EMPLOYED AS A SCHOOL BUS ATTENDANT SERVING A PRESCHOOL CHILD
SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION  BY  JULY  FIRST,
TWO THOUSAND TEN.
  S 3. This act shall take effect in sixty days; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

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Senate Bill S6207

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S6207 (ACTIVE) - Details

2009-S6207 (ACTIVE) - Summary

2009-S6207 (ACTIVE) - Sponsor Memo

2009-S6207 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Dean G. Skelos

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S6207 (ACTIVE) - Details

2009-S6207 (ACTIVE) - Summary

2009-S6207 (ACTIVE) - Sponsor Memo

2009-S6207 (ACTIVE) - Bill Text download pdf

Comments