senate Bill S5848

2013-2014 Legislative Session

Requires comprehensive training for school bus drivers and school bus attendants for safe and appropriate transportation for children with disabilities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jun 18, 2013 referred to rules

S5848 - Bill Details

See Assembly Version of this Bill:
A8060
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3650, 3635 & 305, Ed L; amd §1229-d, V & T L; amd §236, Fam Ct Act

S5848 - Bill Texts

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Requires comprehensive training for school bus drivers and school bus attendants for safe and appropriate transportation for children with disabilities; provides penalties.

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BILL NUMBER:S5848

TITLE OF BILL:
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 transportation

SUMMARY OF PROVISIONS OF BILL:

Section 1: Subdivision 2 of section 3650 of the education law, as
added by chapter 181 of the laws of 2007, is amended to read as
follows:

a) The commissioner in consultation with the state commission on
quality care and advocacy for persons with disabilities, shall make
rules and regulations requiring every school bus driver who has one
or more students with a disability as passengers to receive
comprehensive training and instruction relating to the understanding
of special needs of such students. Training will provide school bus
drivers and attendants with the knowledge, skills, and attitudes
necessary to safely and appropriately transport and supervise a child
with a disability as defined by the federal Individuals with
Disabilities Education Act. The training will include at a minimum an
introduction to the characteristics and needs of children and youth
with a wide range of disabilities, and additional training modules
will include disability awareness and sensitivity, effective
strategies to promote positive behavior, and communication with
parents. The training will take place one a year or more frequently
as determined by the commissioner in consultation with the state
comprehensive school bus driver safety training council.

b) Any school bus driver or attendant shall receive no less than ten
hours of training to equip them to transport and supervise children
with disabilities. Included in this time with be no fewer than two
hours of positive behavior support, including bully prevention.
Annually, such personal will receive four
hours of in-service training which will include at least one hour on
positive behavioral interventions support.

Section 2: Subdivision 2 of section 3650 of the education law, as
amended by section 5 of part E of chapter 501 of the laws of 2012, is
amended to read as follows: the language amended to this law is
identical to the language amended in the law of Section 1 of the
legislation.

Section 3: Section 3650 of the education law is amended by adding a
new subdivision 3 to read as follows:
Any person, firm or corporation who employs a school bus driver and
fails to complete the training requirements set forth in this section

shall be subject to a fine of five thousand dollars for a first
violation and ten thousand dollars for a second violation. A third
violation of failing to complete the training requirements of this
section shall be deemed a material breach of any contract for
transportation services and such contract shall be deemed null and
void. A school district may not enter into a contract, or extend an
existing contract, for transportation services until the training
requirements of this section are met.

Section 4: 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:

a) The commissioner in consultation with the state commission on
quality care and advocacy for persons with disabilities, shall make
rules and regulations requiring every school bus attendant serving a
student or students with a disability receive comprehensive training
and instruction relating to the understanding and of and attention to
the special needs of such students. Training will provide school bus
drivers and attendants with the knowledge, skills, and attitudes
necessary to safely and appropriately transport and supervise a child
with a disability as defined by the federal Individuals with
Disabilities Education Act. The training will include at a minimum an
introduction to the characteristics and needs of children and youth
with a wide range of disabilities, and additional training modules
will include disability awareness and sensitivity, effective
strategies to promote positive behavior, and communication with
parents. 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. The training and instruction required by this subdivision 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 in consultation with the state
comprehensive school bus driver safety training council.

b) Any school bus driver or attendant shall receive no less than ten
hours of training to equip them to transport and supervise children
with disabilities. Included in this time with be no fewer than two
hours of positive behavior support, including bully prevention.
Annually, such personal will receive four hours of in-service training
which will include at least one hour on positive behavioral
interventions support.

Section 5: Subdivision 4 of section 1229-d of the vehicle and traffic
law, as amended by section 6 of part 3 of chapter 501 of the laws of
2012 is amended to read as follows: the language amended to this law
is identical to the language amended in the law of Section 4 of the
legislation.

Section 6: Section 1229-d of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows: the language amended
to this law is identical to the language amended in the law of
Section 3 of the legislation.

Section 7: Section 3635 of the education law is amended by adding a
new subdivision 9 to read as follows: Any student with a disability
who requires an independent education program which requires
specialized transportation shall be separately transported.

Section 8: Amends paragraph (b) of subdivision 3 of section 236 of the
family court act. Any such order shall further require that such
transportation shall be provided within thirty days of the issuance
of the order, and as part of a municipal cooperation agreement, as
part of a contract awarded to the lowest responsible bidder in
accordance with the provisions of section one hundred three of the
general municipal law, or as part of a contract awarded pursuant the
to the extent authorized by paragraphs e and f of subdivision
fourteen of section three hundred five of the education law. Buses
and vehicles utilized in the performance of such contact shall meet
the minimum requirements for school children as established by the
commission of transportation. When, in the city of New York, the
board of education or city school district awards a contract, the
board or school district shall include employee protection provisions
relating to the promotion of a pool of qualified workers and the
avoidance of labor disputes, including but not limited to provisions
for the preference in hiring of employees performing work for
employers under contract with contracted parties, the preservation of
wages, benefits, and seniority for such employees
and other provisions related to hiring, compensation and retention
of employees.

Section 9: Amends paragraph (a) of subdivision 14 of section 305 of
the education law. All contracts for the transportation of school
children, all contracts to maintain school buses, all contracts for
mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by private food service
companies shall be subject to approval of the commissioner, who may
disapprove of the contract if, in his opinion, the best interests of
the district will be promoted thereby. Except as provided for in the
subdivision, all contracts involving an annual expenditure in excess
of the amount specified for purchase contacts bidding in the general
municipal law shall be awarded to the lowest responsible bidder, as
determined by the board of education or the trustee of a district,
with the power vest in the commissioner to reject any or all bids, if
in his opinion, the best interests of the district will be promoted,
and upon rejection, the commissioner shall order the board of
education or trustee to consider new proposals. The language for the
consideration shall be the same as the language used in section 8.
All proposals for the aforementioned services shall be advertised in
such as form as the commissioner
may prescribe. Advertisements for bids shall be published in

newspaper of newspapers designated by the board of education or
trustee of the district having general circulation within the
district. Such advertisements shall contain a statement of the time
and place where all bids received pursuant to the advertisement will
be publicly opened and read by school authorities or a person
designated by them. At least five days shall elapse between the
publication of such advertisement and the reading of bids. The
requirements of competitive bidding shall not apply to transportation
for pupils, or mobile instructional units, if such award is based on
an evaluation of proposals in response to a request for proposals.
The requirement shall not apply to annual, biennial of triennial
extensions of contract for shall they apply to quadrennial of
quinquennial year extensions of contacts involving transportation of
pupils, bus maintenance, or mobile instructional units secured
through competitive bidding and evaluation of proposals in response
to requests for proposals, when such extensions are made by the board
of education or the trustee of a district, and do not extend the
original contract period beyond five years from the date cafeteria
and restaurant service commenced there under and in the case of
transportation contracts, maintenance contracts, mobile instructional
units, such contracts may be extended, except that power is hereby
vested in the commissioner, in addition to his existing statutory
authority to approve or disapprove transportation or maintenance
contracts, to reject any extension of a contract
beyond the initial term if he finds that he amount to be paid by the
district in any year of such proposed extension fails to reflect any
decrease in the regional consumer price index for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban
consumers during the preceding twelve month period, and to reject any
change in contract after ten years from the date such services were
first provided, if in his opinion, the best interests of the district
will be promoted hereby. Upon such rejection of a proposed extension,
the commissioner may order the board or trustee of the district to
seek out bids pursuant to the provisions of this section. The board
of trustee electing to extend a contract, may increase the amount to
be paid in each year of the contract, by no more than the regional
consumer price index, during the preceding twelve month period,
provided it has been established by the contractor there has been at
least an equivalent increase in his cost of operation.

Section 10: Amends paragraph a of subdivision 14 of section 305 of the
education law. All contracts for the transportation of school
children, to maintain school buses, for mobile instructional units,
and all contracts to maintain and operate cafeteria of restaurant
shall be subject to the approval of the commissioner, who my
disapprove. All such contracts involving an annual expenditure in
excess of the amount specified for purchase contracts in the bidding
requirements of the law shall be awarded to the lowest bidder, with
power hereby vested in the commissioner to reject any or all bids,
the commissioner shall order the board of education or trustee to
seek new proposals. Provided, further, that all contracts for cities
with a population of one million or more, shall include provisions

for employee protections, as enumerated in section nine. All
proposals for advertisements, and the consideration of, shall be as
enumerated in section nine. The requirement shall not apply to
annual, biennial of triennial extensions of contract for shall they
apply to quadrennial of quinquennial year extensions of contacts
involving transportation of pupils, bus maintenance, or mobile
instructional units secured through competitive bidding and
evaluation of proposals in response to requests for proposals, when such
extensions are made by the board of education or the trustee of a
district, and do not extend the original contract period beyond five
years from the date cafeteria and restaurant service commenced there
under and in the case of transportation contracts, maintenance
contracts, mobile instructional units, such contracts may be
extended, except that power is hereby vested in the commissioner, in
addition to his existing statutory authority to approve or disapprove
transportation or maintenance contracts, to reject any extension of a
contract beyond the initial term if he finds
that he amount to be paid by the district in any year of such proposed
extension fails to reflect any decrease in the regional consumer
price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon
the index for all urban consumers during the preceding twelve month
period, and to reject any change in contract after ten years from the
date such services were first provided, if in his opinion, the best
interests of the district will be promoted hereby. Upon such
rejection of a proposed extension, the commissioner may order the
board or trustee of the district to seek out bids pursuant to the
provisions of this section. The board of trustee electing to extend a
contract, may increase the amount to be paid in each year of the
contract, by no more than the regional consumer price index, during
the preceding twelve month period, provided it has been established
by the contractor there has been at least an equivalent increase in
his cost of operation.

Section 11: This act shall take effect immediately.

JUSTIFICATION:
The legislation addresses a crucial need in the treatment of students
with disabilities in New York State by updating the training
standards for both bus drivers and bus attendants. The updated
training standards will allow the drivers and attendants to further
their knowledge and understanding of the diversity of people with
disabilities and their needs. Additionally, the bill includes another
crucial component of a child with a disability's school experience:
their parents. The training also ensures that the drivers and
attendants will understand the various needs that the parents of
these students have, and how better to address them and have a
positive impact on their experience as well. This bill will also
require the City of New York to include employee protection
provisions in any contract issued for the transportation of school
children. Including these requirements in the RFP's will ensure
stability in the provision of services to vulnerable children by an
industry that faces a growing demand for qualified drivers and other

employees. Companies have had a hard time recruiting qualified
drivers, and to a certain extent, escorts or attendants. Requiring
the inclusion of employee protection provisions in these transportation
contracts will safeguard the children by helping to ensure retention
of an experienced pool of drivers and other employees by protecting
the wages and benefits of such employees.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

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

                                  5848

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

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

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:

  Section 1. Subdivision 2 of section 3650  of  the  education  law,  as
added by chapter 181 of the laws of 2007, is amended to read as follows:
  2.  (A) The commissioner, in consultation with the state commission on
quality care and advocacy for persons with disabilities,  shall  promul-
gate rules and regulations requiring every school bus driver operating a
school bus which has or will have one or more students with a disability
as passengers to receive COMPREHENSIVE 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 train-
ing and instruction required pursuant to paragraph a of subdivision  one
of  this  section  and  shall be provided at least once per year or more
frequently as determined by the commissioner in  consultation  with  the
state comprehensive school bus driver safety training council.] TRAINING
WILL PROVIDE SCHOOL BUS DRIVERS AND SCHOOL BUS ATTENDANTS WITH THE KNOW-
LEDGE,  SKILLS,  AND  ATTITUDES  NECESSARY  TO  SAFELY AND APPROPRIATELY
TRANSPORT AND SUPERVISE A CHILD WITH A  DISABILITY  AS  DEFINED  BY  THE
FEDERAL  INDIVIDUALS WITH DISABILITIES EDUCATION ACT. THIS TRAINING WILL
INCLUDE, AT A MINIMUM, AN INTRODUCTION TO THE CHARACTERISTICS AND  NEEDS
OF CHILDREN AND YOUTH WITH DISABILITIES INCLUDING DISABILITIES AFFECTING
INTELLECTUAL, COMMUNICATION, SOCIAL/EMOTIONAL, SENSORY PROCESSING ABILI-
TIES,  MOTOR  SKILLS,  AND  MEDICAL/HEALTH  NEEDS. IN ADDITION, TRAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11521-03-3

S. 5848                             2

DEVELOPED BY INDEPENDENT DISABILITY SPECIALISTS WILL INCLUDE MODULES  ON
DISABILITY  AWARENESS  AND  SENSITIVITY, EFFECTIVE STRATEGIES TO PROMOTE
POSITIVE BEHAVIOR, AND COMMUNICATION WITH PARENTS. 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 this chapter. [Any person employed as a school
bus  driver  on  January  first, two thousand nine who is subject to the
provisions of this subdivision shall comply  with  the  requirements  of
this subdivision by July first, two thousand nine. Any school bus driver
hired  after  January  first,  two  thousand  nine who is subject to the
requirements of  this  subdivision  shall  complete  such  training  and
instruction  prior  to  assuming  his  or  her duties.] THE TRAINING AND
INSTRUCTION REQUIRED BY THIS SUBDIVISION MAY BE INCLUDED WITH THE TRAIN-
ING AND INSTRUCTION REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION  ONE
OF THIS SECTION AND THIS SUBDIVISION AND SHALL BE PROVIDED AT LEAST ONCE
PER YEAR OR MORE FREQUENTLY AS DETERMINED BY THE COMMISSIONER IN CONSUL-
TATION  WITH  THE  STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING
COUNCIL.
  (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
INCLUDED IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF  TRAINING
IN  POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING. ANNUAL-
LY, SUCH PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE  TRAINING  WHICH
WILL  INCLUDE  AT  LEAST  ONE  HOUR ON POSITIVE BEHAVIORAL INTERVENTIONS
SUPPORT.
  S 2. Subdivision 2 of section 3650 of the education law, as amended by
section 5 of part E of chapter 501 of the laws of 2012,  is  amended  to
read as follows:
  2.  (A)  The commissioner, in consultation with the justice center for
the protection of people with special needs, shall promulgate rules  and
regulations  requiring  every  school  bus driver operating a school bus
which has or will have one or more students with a disability as passen-
gers to receive COMPREHENSIVE 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 paragraph a of subdivision one of this
section and shall be provided at least once per year or more  frequently
as determined by the commissioner in consultation with the state compre-
hensive  school  bus  driver  safety  training  council.]  TRAINING WILL
PROVIDE SCHOOL BUS DRIVERS AND SCHOOL BUS ATTENDANTS WITH THE KNOWLEDGE,
SKILLS, AND ATTITUDES NECESSARY TO SAFELY  AND  APPROPRIATELY  TRANSPORT
AND  SUPERVISE A CHILD WITH A DISABILITY AS DEFINED BY THE FEDERAL INDI-
VIDUALS WITH DISABILITIES EDUCATION ACT. THIS TRAINING WILL INCLUDE,  AT
A  MINIMUM, AN INTRODUCTION TO THE CHARACTERISTICS AND NEEDS OF CHILDREN
AND YOUTH WITH DISABILITIES INCLUDING DISABILITIES AFFECTING INTELLECTU-
AL, COMMUNICATION, SOCIAL/EMOTIONAL, SENSORY PROCESSING ABILITIES, MOTOR
SKILLS, AND MEDICAL/HEALTH NEEDS. IN  ADDITION,  TRAINING  DEVELOPED  BY
INDEPENDENT  DISABILITY  SPECIALISTS  WILL INCLUDE MODULES ON DISABILITY
AWARENESS AND SENSITIVITY,  EFFECTIVE  STRATEGIES  TO  PROMOTE  POSITIVE
BEHAVIOR,  AND  COMMUNICATION  WITH  PARENTS.  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 this chapter. [Any person employed as a school bus driver
on  January first, two thousand nine who is subject to the provisions of
this subdivision shall comply with the requirements of this  subdivision

S. 5848                             3

by  July  first,  two  thousand  nine. Any school bus driver hired after
January first, two thousand nine who is subject to the  requirements  of
this  subdivision  shall complete such training and instruction prior to
assuming  his  or  her duties.] THE TRAINING AND INSTRUCTION REQUIRED BY
THIS SUBDIVISION MAY BE  INCLUDED  WITH  THE  TRAINING  AND  INSTRUCTION
REQUIRED  PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION AND
THIS SUBDIVISION AND SHALL BE PROVIDED AT LEAST ONCE PER  YEAR  OR  MORE
FREQUENTLY  AS  DETERMINED  BY THE COMMISSIONER IN CONSULTATION WITH THE
STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL.
  (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
INCLUDED IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF  TRAINING
IN  POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING. ANNUAL-
LY, SUCH PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE  TRAINING  WHICH
WILL  INCLUDE  AT  LEAST  ONE  HOUR ON POSITIVE BEHAVIORAL INTERVENTIONS
SUPPORT.
  S 3. Section 3650 of the education law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  ANY  PERSON,  FIRM OR CORPORATION WHO EMPLOYS A SCHOOL BUS DRIVER,
WHO FAILS TO COMPLETE  THE  TRAINING  REQUIREMENTS  SET  FORTH  IN  THIS
SECTION  SHALL BE SUBJECT TO A FINE OF FIVE THOUSAND DOLLARS FOR A FIRST
VIOLATION AND TEN THOUSAND DOLLARS  FOR  A  SECOND  VIOLATION.  A  THIRD
VIOLATION  OF  FAILING  TO  COMPLETE  THE  TRAINING REQUIREMENTS OF THIS
SECTION SHALL BE DEEMED A MATERIAL BREACH OF ANY CONTRACT FOR  TRANSPOR-
TATION  SERVICES  AND  SUCH  CONTRACT  SHALL  BE DEEMED NULL AND VOID. A
SCHOOL DISTRICT MAY NOT ENTER INTO A CONTRACT,  OR  EXTEND  AN  EXISTING
CONTRACT, FOR TRANSPORTATION SERVICES UNTIL THE TRAINING REQUIREMENTS OF
THIS SECTION HAVE BEEN MET.
  S  4.  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)  (A) 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  student  or  students  with  a  disability  receive
COMPREHENSIVE  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.] TRAINING WILL PROVIDE SCHOOL BUS  DRIV-
ERS  AND SCHOOL BUS ATTENDANTS WITH THE KNOWLEDGE, SKILLS, AND ATTITUDES
NECESSARY TO SAFELY AND APPROPRIATELY TRANSPORT AND  SUPERVISE  A  CHILD
WITH  A  DISABILITY AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABILI-
TIES EDUCATION ACT. THIS TRAINING WILL INCLUDE, AT A MINIMUM, AN  INTRO-
DUCTION  TO  THE  CHARACTERISTICS  AND  NEEDS OF CHILDREN AND YOUTH WITH
DISABILITIES INCLUDING  DISABILITIES  AFFECTING  INTELLECTUAL,  COMMUNI-
CATION,  SOCIAL/EMOTIONAL,  SENSORY  PROCESSING ABILITIES, MOTOR SKILLS,
AND MEDICAL/HEALTH NEEDS. IN ADDITION, TRAINING DEVELOPED BY INDEPENDENT
DISABILITY SPECIALISTS WILL INCLUDE MODULES ON DISABILITY AWARENESS  AND
SENSITIVITY,  EFFECTIVE  STRATEGIES  TO  PROMOTE  POSITIVE BEHAVIOR, AND
COMMUNICATION WITH PARENTS. 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

S. 5848                             4

the  education law. [Any person employed as a school bus attendant serv-
ing a student or students with a disability on January first, two  thou-
sand 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.]  THE  TRAINING  AND  INSTRUCTION
REQUIRED  BY  THIS  SUBDIVISION  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 DETER-
MINED BY THE COMMISSIONER IN CONSULTATION WITH THE  STATE  COMPREHENSIVE
SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL.
  (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
INCLUDED  IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF TRAINING
IN POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING.  ANNUAL-
LY,  SUCH  PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE TRAINING WHICH
WILL INCLUDE AT LEAST ONE  HOUR  ON  POSITIVE  BEHAVIORAL  INTERVENTIONS
SUPPORT.
  S  5.  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) (A) 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 attend-
ant serving a student or students with a disability  receive  COMPREHEN-
SIVE  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.] TRAINING WILL PROVIDE SCHOOL BUS  DRIV-
ERS  AND SCHOOL BUS ATTENDANTS WITH THE KNOWLEDGE, SKILLS, AND ATTITUDES
NECESSARY TO SAFELY AND APPROPRIATELY TRANSPORT AND  SUPERVISE  A  CHILD
WITH  A  DISABILITY AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABILI-
TIES EDUCATION ACT. THIS TRAINING WILL INCLUDE, AT A MINIMUM, AN  INTRO-
DUCTION  TO  THE  CHARACTERISTICS  AND  NEEDS OF CHILDREN AND YOUTH WITH
DISABILITIES INCLUDING  DISABILITIES  AFFECTING  INTELLECTUAL,  COMMUNI-
CATION,  SOCIAL/EMOTIONAL,  SENSORY  PROCESSING ABILITIES, MOTOR SKILLS,
AND MEDICAL/HEALTH NEEDS. IN ADDITION, TRAINING DEVELOPED BY INDEPENDENT
DISABILITY SPECIALISTS WILL INCLUDE MODULES ON DISABILITY AWARENESS  AND
SENSITIVITY,  EFFECTIVE  STRATEGIES  TO  PROMOTE  POSITIVE BEHAVIOR, AND
COMMUNICATION WITH PARENTS. 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. [Any person employed as a school bus attendant serv-
ing a student or students with a disability on January first, two  thou-
sand 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.]  THE  TRAINING  AND  INSTRUCTION
REQUIRED  BY  THIS  SUBDIVISION  MAY  BE  INCLUDED WITH THE TRAINING AND
INSTRUCTION REQUIRED PURSUANT TO PARAGRAPH A  OF  SUBDIVISION  THREE  OF

S. 5848                             5

THIS  SECTION  AND  SHALL  BE  PROVIDED  AT  LEAST ONCE PER YEAR OR MORE
FREQUENTLY AS DETERMINED BY THE COMMISSIONER IN  CONSULTATION  WITH  THE
STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL.
  (B) ANY PERSON EMPLOYED AS A SCHOOL BUS DRIVER OR SCHOOL BUS ATTENDANT
SHALL RECEIVE NOT LESS THAN TEN HOURS OF TRAINING TO EQUIP THEM TO SAFE-
LY AND APPROPRIATELY TRANSPORT AND SUPERVISE CHILDREN WITH DISABILITIES.
INCLUDED  IN THIS TEN HOURS WILL BE NOT FEWER THAN TWO HOURS OF TRAINING
IN POSITIVE BEHAVIOR SUPPORT, INCLUDING PREVENTION OF BULLYING.  ANNUAL-
LY,  SUCH  PERSONNEL WILL RECEIVE FOUR HOURS OF INSERVICE TRAINING WHICH
WILL INCLUDE AT LEAST ONE  HOUR  ON  POSITIVE  BEHAVIORAL  INTERVENTIONS
SUPPORT.
  S  6.  Section  1229-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
  (5) ANY PERSON, FIRM OR CORPORATION WHO EMPLOYS A SCHOOL  BUS  ATTEND-
ANT,  WHO  FAILS TO COMPLETE THE TRAINING REQUIREMENTS SET FORTH IN THIS
SECTION SHALL BE SUBJECT TO A FINE OF FIVE THOUSAND DOLLARS FOR A  FIRST
VIOLATION  AND  TEN  THOUSAND  DOLLARS  FOR  A SECOND VIOLATION. A THIRD
VIOLATION OF FAILING TO  COMPLETE  THE  TRAINING  REQUIREMENTS  OF  THIS
SECTION  SHALL BE DEEMED A MATERIAL BREACH OF ANY CONTRACT FOR TRANSPOR-
TATION SERVICES AND SUCH CONTRACT SHALL  BE  DEEMED  NULL  AND  VOID.  A
SCHOOL  DISTRICT  MAY  NOT  ENTER INTO A CONTRACT, OR EXTEND AN EXISTING
CONTRACT, FOR TRANSPORTATION SERVICES UNTIL THE TRAINING REQUIREMENTS OF
THIS SECTION HAVE BEEN MET.
  S 7. Section 3635 of the education law is  amended  by  adding  a  new
subdivision 9 to read as follows:
  9. ANY STUDENT WITH A DISABILITY WHO REQUIRES AN INDEPENDENT EDUCATION
PROGRAM  WHICH  REQUIRES  SPECIALIZED TRANSPORTATION SHALL BE SEPARATELY
TRANSPORTED.
  S 8. Paragraph (b) of subdivision 3 of section 236 of the family court
act, as amended by chapter 424 of the laws of 2012, is amended  to  read
as follows:
  (b) Such order shall further require that such transportation shall be
provided within thirty days of the issuance of such order, and, shall be
provided  as  part  of  a  municipal cooperation agreement, as part of a
contract awarded to the lowest responsible bidder in accordance with the
provisions of section one hundred three of the general municipal law, or
as part of a contract awarded pursuant to an evaluation of proposals  to
the  extent  authorized by paragraphs e and f of subdivision fourteen of
section three hundred five of the education law and otherwise consistent
with the provisions of this subdivision, and  that  buses  and  vehicles
utilized  in  the  performance  of  such contract shall meet the minimum
requirements for school age children as established by the  commissioner
of transportation. WHEN, IN THE CITY OF NEW YORK, THE BOARD OF EDUCATION
OR THE CITY SCHOOL DISTRICT AWARDS A CONTRACT OR CONTRACTS FOR TRANSPOR-
TATION,  THE  BOARD  OR  CITY  SCHOOL  DISTRICT  SHALL  INCLUDE EMPLOYEE
PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL  OF
QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT
LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORM-
ING  WORK  FOR  EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR
THE CITY SCHOOL  DISTRICT,  THE  PRESERVATION  OF  WAGES,  BENEFITS  AND
SENIORITY  FOR  SUCH  EMPLOYEES,  AND  OTHER  PROVISIONS RELATING TO THE
HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES.
  S 9. Paragraph a of subdivision 14 of section  305  of  the  education
law,  as  amended  by  section  1 of chapter 273 of the laws of 1999, is
amended to read as follows:

S. 5848                             6

  a. All contracts  for  the  transportation  of  school  children,  all
contracts  to maintain school buses owned or leased by a school district
that are used for the transportation of school children,  all  contracts
for  mobile  instructional units, and all contracts to provide, maintain
and  operate  cafeteria  or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if,  in  his  opinion,  the  best
interests  of  the district will be promoted thereby. Except as provided
in paragraph e of this subdivision,  all  such  contracts  involving  an
annual  expenditure  in  excess  of  the  amount  specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility  shall
be  determined  by  the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or  all  bids
if,  in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all  bids,  the  commissioner  shall
order  the board of education or trustee of the district to seek, obtain
and consider new proposals.  PROVIDED, FURTHER, THAT ALL  CONTRACTS  FOR
CITIES  WITH  A POPULATION OF ONE MILLION OR MORE SHALL INCLUDE EMPLOYEE
PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL  OF
QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT
LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORM-
ING  WORK  FOR  EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR
THE CITY SCHOOL  DISTRICT,  THE  PRESERVATION  OF  WAGES,  BENEFITS  AND
SENIORITY  FOR  SUCH  EMPLOYEES,  AND  OTHER  PROVISIONS RELATING TO THE
HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES. All proposals for such
transportation, maintenance, mobile instructional  units,  or  cafeteria
and  restaurant  service  shall  be in such form as the commissioner may
prescribe.  Advertisement for bids shall be published in a newspaper  or
newspapers  designated  by  the  board  of  education  or trustee of the
district  having  general  circulation  within  the  district  for  such
purpose.  Such  advertisement shall contain a statement of the time when
and place where all bids received pursuant to such advertisement will be
publicly opened and read either by the school authorities or by a person
or persons designated by them.  All  bids  received  shall  be  publicly
opened  and  read at the time and place so specified. At least five days
shall elapse between the first publication of such advertisement and the
date so specified for the opening and reading of bids.  The  requirement
for  competitive  bidding  shall not apply to an award of a contract for
the transportation of pupils or  a  contract  for  mobile  instructional
units,  if such award is based on an evaluation of proposals in response
to a request for proposals pursuant to paragraph e of this  subdivision.
The requirement for competitive bidding shall not apply to annual, bien-
nial,  or  triennial  extensions of a contract nor shall the requirement
for competitive bidding apply to quadrennial or quinquennial year exten-
sions of a contract involving transportation of pupils,  maintenance  of
school  buses  or  mobile  instructional  units  secured  either through
competitive bidding or through evaluation of proposals in response to  a
request  for proposals pursuant to paragraph e of this subdivision, when
such extensions (1) are made by the board of education or the trustee of
a district, under rules and regulations prescribed by the  commissioner,
and,  (2)  do  not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder  and
in the case of contracts for the transportation of pupils, for the main-
tenance  of  school  buses  or for mobile instructional units, that such
contracts may be extended, except that power is  hereby  vested  in  the

S. 5848                             7

commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension of a contract beyond the initial term thereof if he finds that
amount  to be paid by the district to the contractor in any year of such
proposed extension fails to reflect any decrease in the regional consum-
er price index for the N.Y., N.Y.-Northeastern, N.J.  area,  based  upon
the  index  for  all urban consumers (CPI-U) during the preceding twelve
month period; and (ii) to reject any extension of a contract  after  ten
years  from  the  date  transportation  or maintenance service commenced
thereunder, or mobile instructional units were first provided, if in his
opinion, the best interests of the district will  be  promoted  thereby.
Upon  such  rejection  of  any  proposed extension, the commissioner may
order the board of education or trustee of the district to seek,  obtain
and  consider bids pursuant to the provisions of this section. The board
of education or the trustee of a school district electing  to  extend  a
contract as provided herein, may, in its discretion, increase the amount
to  be  paid  in each year of the contract extension by an amount not to
exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers  (CPI-U),  during the preceding twelve month period, provided it has
been satisfactorily established by the contractor that there has been at
least an equivalent increase in the amount of  his  cost  of  operation,
during the period of the contract.
  S  10.  Paragraph  a of subdivision 14 of section 305 of the education
law, as amended by section 2 of chapter 273 of  the  laws  of  1999,  is
amended to read as follows:
  a.  All  contracts  for  the  transportation  of  school children, all
contracts to maintain school buses owned or leased by a school  district
that  are  used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to  provide,  maintain
and  operate  cafeteria  or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if,  in  his  opinion,  the  best
interests  of  the district will be promoted thereby. All such contracts
involving an annual expenditure in excess of the  amount  specified  for
purchase  contracts in the bidding requirements of the general municipal
law shall be awarded to the lowest responsible bidder,  which  responsi-
bility shall be determined by the board of education or the trustee of a
district,  with power hereby vested in the commissioner to reject any or
all bids if, in his opinion, the best interests of the district will  be
promoted  thereby and, upon such rejection of all bids, the commissioner
shall order the board of education or trustee of the district  to  seek,
obtain  and  consider  new  proposals.    PROVIDED,  FURTHER,  THAT  ALL
CONTRACTS FOR CITIES WITH A POPULATION OF  ONE  MILLION  OR  MORE  SHALL
INCLUDE  EMPLOYEE  PROTECTION  PROVISIONS  RATIONALLY  RELATING  TO  THE
PROMOTION OF A POOL OF QUALIFIED WORKERS  AND  THE  AVOIDANCE  OF  LABOR
DISPUTES,  INCLUDING BUT NOT LIMITED TO PROVISIONS FOR THE PREFERENCE IN
HIRING OF EMPLOYEES PERFORMING WORK FOR EMPLOYERS UNDER  CONTRACTS  WITH
THE  BOARD OF EDUCATION OR THE CITY SCHOOL DISTRICT, THE PRESERVATION OF
WAGES, BENEFITS AND SENIORITY FOR SUCH EMPLOYEES, AND  OTHER  PROVISIONS
RELATING  TO  THE  HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES. All
proposals for such  transportation,  maintenance,  mobile  instructional
units,  or cafeteria and restaurant service shall be in such form as the
commissioner may prescribe. Advertisement for bids shall be published in
a newspaper or newspapers designated by the board of education or  trus-
tee  of  the district having general circulation within the district for

S. 5848                             8

such purpose. Such advertisement shall contain a statement of  the  time
when  and  place  where all bids received pursuant to such advertisement
will be publicly opened and read either by the school authorities or  by
a  person  or  persons  designated  by  them. All bids received shall be
publicly opened and read at the time and place so  specified.  At  least
five  days shall elapse between the first publication of such advertise-
ment and the date so specified for the opening and reading of bids.  The
requirement for competitive bidding shall not apply to annual, biennial,
or  triennial  extensions  of  a  contract nor shall the requirement for
competitive bidding apply to quadrennial or quinquennial year extensions
of a contract involving transportation of pupils, maintenance of  school
buses  or mobile instructional units secured through competitive bidding
when such extensions (1) are made by the board of education or the trus-
tee of a district, under rules and regulations prescribed by the commis-
sioner, and, (2) do not extend the original contract period beyond  five
years  from  the  date cafeteria and restaurant service commenced there-
under and in the case of contracts for the transportation of pupils, for
the maintenance of school buses or for mobile instructional units,  that
such  contracts  may  be extended, except that power is hereby vested in
the commissioner, in addition to his  existing  statutory  authority  to
approve  or  disapprove  transportation or maintenance contracts, (i) to
reject any extension of a contract beyond the initial term thereof if he
finds that amount to be paid by the district to the  contractor  in  any
year  of  such  proposed  extension fails to reflect any decrease in the
regional consumer price index  for  the  N.Y.,  N.Y.-Northeastern,  N.J.
area,  based  upon  the index for all urban consumers (CPI-U) during the
preceding twelve month period; and (ii) to reject  any  extension  of  a
contract  after  ten  years  from the date transportation or maintenance
service commenced thereunder, or mobile instructional units  were  first
provided,  if in his opinion, the best interests of the district will be
promoted thereby. Upon such rejection of  any  proposed  extension,  the
commissioner may order the board of education or trustee of the district
to  seek,  obtain  and  consider bids pursuant to the provisions of this
section. The board of education or the  trustee  of  a  school  district
electing   to  extend  a  contract  as  provided  herein,  may,  in  its
discretion, increase the amount to be paid in each year of the  contract
extension  by  an amount not to exceed the regional consumer price index
increase for the N.Y., N.Y.-Northeastern,  N.J.  area,  based  upon  the
index for all urban consumers (CPI-U), during the preceding twelve month
period,  provided it has been satisfactorily established by the contrac-
tor that there has been at least an equivalent increase in the amount of
his cost of operation, during the period of the contract.
  S 11. This act shall take effect immediately, provided, however,  that
any  rules  and regulations necessary for the implementation of this act
shall be promulgated within ninety days;  provided,  further,  that  the
amendments to subdivision 2 of section 3650 of the education law made by
section  two of this act shall take effect on the same date and the same
manner as section 5 of part E of chapter 501 of the laws of 2012,  takes
effect;  and  provided, further, that the amendments to subdivision 4 of
section 1229-d of the vehicle and traffic law made by  section  five  of
this  act  shall  take  effect  on  the same date and the same manner as
section 6 of part E of chapter 501 of the laws of  2012,  takes  effect;
provided,  further  that the amendments to paragraph a of subdivision 14
of section 305 of the education law made by section  nine  of  this  act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to section 4 of chapter 698 of the laws of  1996,  as  amended,

S. 5848                             9

when upon such date the provisions of section ten of this act shall take
effect.

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