S T A T E   O F   N E W   Y O R K
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                                  8481

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. TITONE -- 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:

  Section  1.    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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07773-01-5
              

A. 8481                             2

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
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  2.  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 3.  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-

A. 8481                             3

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 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 4. 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  5.  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 6. 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

A. 8481                             4

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  7.  Paragraph  a  of subdivision 14 of section 305 of the education
law, as amended by 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. 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

A. 8481                             5

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
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  8.  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.