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

                                  4101

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by M. of A. WEISENBERG, BENEDETTO, ROBINSON, TITUS, MILLMAN,
  SWEENEY, BARRON, CASTRO -- Multi-Sponsored by --  M.  of  A.  BOYLAND,
  COLTON,  MARKEY,  McDONOUGH,  MONTESANO,  SALADINO  --  read  once and
  referred to the Committee on Transportation

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
services.  Such fingerprints also may be submitted to the federal bureau
of investigation for a national criminal history record check.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07571-01-3

A. 4101                             2

  (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 amended by section 6 of part E of chapter 501 of the laws of 2012, is
amended to read as follows:
  (4) The commissioner of education, in consultation  with  the  justice
center for the protection of people with special needs, shall promulgate
rules  and regulations requiring that every school bus attendant serving
a PRESCHOOL CHILD, student or students with a disability receive  train-
ing  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 subdivi-
sion 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 FOURTEEN.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law; provided, however, that section two of this act shall
take  effect  on  the same date as section 6 of part E of chapter 501 of
the laws of 2012 takes effect.   Effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its effective date  is  authorized  to  be
made on or before such effective date.