The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1501
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Education
 
 AN ACT to  amend  the  education  law,  in  relation  to  payment  under
   contracts for transportation services during a declared state of emer-
   gency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section  305  of  the  education  law  is
 amended by adding a new paragraph h to read as follows:
   H.  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, IF A
 SCHOOL DISTRICT IS CLOSED DUE TO A PROPERLY EXECUTED  DECLARATION  OF  A
 STATE OR LOCAL EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW,
 SUCH  DISTRICT SHALL CONTINUE TO MAKE PAYMENTS OF BENEFITS, COMPENSATION
 AND EMOLUMENTS PURSUANT TO THE TERMS OF ANY CONTRACT FOR  TRANSPORTATION
 OF  SCHOOL  CHILDREN ENTERED INTO PURSUANT TO THIS SUBDIVISION THAT WERE
 IN EFFECT ON THE DATE OF THE CLOSURE AS IF THE SERVICES FOR  SUCH  BENE-
 FITS,  COMPENSATION,  AND  EMOLUMENTS  HAD  BEEN PROVIDED, AND AS IF THE
 SCHOOL DISTRICT HAD REMAINED OPEN. PAYMENTS RECEIVED  PURSUANT  TO  THIS
 PARAGRAPH  BY A CONTRACTOR PROVIDING PUPIL TRANSPORTATION SERVICES SHALL
 BE USED TO MEET PAYROLL AND FIXED COST OBLIGATIONS OF THE CONTRACTOR.  A
 SCHOOL  DISTRICT  SHALL  MAKE  ALL  REASONABLE  EFFORTS TO RENEGOTIATE A
 CONTRACT IN GOOD FAITH SUBJECT TO THIS PARAGRAPH AND MAY DIRECT CONTRAC-
 TORS PROVIDING PUPIL TRANSPORTATION  SERVICES  WHO  ARE  A  PARTY  TO  A
 CONTRACT  AND RECEIVE PAYMENTS FROM THE SCHOOL DISTRICT UNDER THIS PARA-
 GRAPH, TO PROVIDE SERVICES ON BEHALF OF THE SCHOOL  DISTRICT  WHICH  MAY
 REASONABLY  BE  PROVIDED AND ARE WITHIN THE GENERAL EXPERTISE OR SERVICE
 PROVISIONS OF THE ORIGINAL CONTRACT.   NEGOTIATIONS  SHALL  NOT  INCLUDE
 INDIRECT  COSTS SUCH AS FUEL OR TOLLS. AS A CONDITION OF NEGOTIATIONS, A
 CONTRACTOR FOR PUPIL TRANSPORTATION SERVICES SHALL REVEAL TO THE  SCHOOL
 DISTRICT  WHETHER  THE  ENTITY HAS INSURANCE COVERAGE FOR THE PAYMENT OF
 BENEFITS, COMPENSATION, AND  EMOLUMENTS  PURSUANT  TO  THE  TERMS  OF  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05491-01-1

 A. 1501                             2
 
 CONTRACT  WITH A CONTRACTOR FOR PUPIL TRANSPORTATION SERVICES UNDER THIS
 PARAGRAPH FOR SERVICES WHICH OTHERWISE WOULD NOT HAVE BEEN PROVIDED  HAD
 THE  SCHOOL FACILITIES REMAINED OPEN.  A CONTRACTOR SHALL DIVULGE TO ITS
 SCHOOL  DISTRICT  CUSTOMERS  ALL  GOVERNMENT  AND  PRIVATE SUBSIDIES AND
 PROGRAMS WHICH IT IS UTILIZING DURING THE STATE OF EMERGENCY TO MAINTAIN
 FINANCIAL SOLVENCY INCLUDING, BUT NOT LIMITED TO GOVERNMENT  GRANTS  AND
 LOANS,  AND  UNEMPLOYMENT INSURANCE FOR ITS LABOR FORCE. NOTHING IN THIS
 PARAGRAPH SHALL BE CONSTRUED  TO  REQUIRE  A  SCHOOL  DISTRICT  TO  MAKE
 PAYMENTS  TO  A PARTY IN MATERIAL BREACH OF A CONTRACT WITH A CONTRACTOR
 FOR PUPIL TRANSPORTATION SERVICES IF THE BREACH WAS NOT DUE TO A CLOSURE
 RESULTING FROM A DECLARED STATE OF  EMERGENCY,  DECLARED  PUBLIC  HEALTH
 EMERGENCY, OR A DIRECTIVE BY AN APPROPRIATE HEALTH AGENCY OR OFFICER.
   §  2.  Notwithstanding  any  other  provision of this act, if a school
 district continues to pay a  school  bus  transportation  contractor  or
 operates  its  own  school  bus  transportation,  such district shall be
 eligible for reimbursement from the department of education  at  a  rate
 the  school  district  would  have received had the pandemic of 2020 not
 occurred, had the minimum instruction days requirement not  been  waived
 under  executive  order  202.4  or had the commissioner not taken action
 under subdivision 7 of section 3604 of the education law.
   § 3. This act shall take effect immediately and  shall  apply  to  any
 contracts  or  collective bargaining agreements in effect beginning with
 the 2019-2020 academic year.