NY State Senate Bill 2017-S4223

Senate Bill S4223

2017-2018 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 Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Feb 06, 2017	referred to education

2017-S4223 (ACTIVE) - Details

See Assembly Version of this Bill:: A7030
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
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5848
2015-2016: S2335, A8481

2017-S4223 (ACTIVE) - Summary

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

2017-S4223 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4223

 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
selecting 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 :

2013-2014 S.5848/A.8060: Referred to finance/Referred to government
operations
2015-2016 S.2335/A.8481: Referred to finance/Referred to government
operation

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately, with provisions.

2017-S4223 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4223
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD09167-01-7

 S. 4223                             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.
   §  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.
   § 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-

 S. 4223                             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.
   § 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.
   §  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.
   § 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

 S. 4223                             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.
   §  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

 S. 4223                             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.
   §  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.

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