The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3423
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   school  bus  drivers  and school bus attendants who ride with children
   attending preschool special education programs to complete training in
   the needs of such children

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 2 of section 1229-d of the vehicle and
 traffic law, subdivision 1 as added by chapter 675 of the laws  of  1985
 and  subdivision  2  as  amended by chapter 164 of the laws of 2003, are
 amended to read as follows:
   (1) "School bus attendant" shall mean a person employed or  authorized
 by  a school district OR COUNTY PROVIDING TRANSPORTATION TO A "PRESCHOOL
 CHILD" PURSUANT TO PARAGRAPH I OF SUBDIVISION ONE OF SECTION  FORTY-FOUR
 HUNDRED  TEN  OF THE EDUCATION LAW to ride on a school bus as defined in
 paragraph (a) of subdivision one of section five hundred nine-a of  this
 chapter  for the purpose of maintaining order or rendering assistance to
 pupils with special needs.
   (2) Screening of applicants for position of school bus attendant (a) a
 school district, pursuant to a policy statement or resolution adopted by
 such district, may review the qualifications of every applicant for  the
 position  of  school  bus attendant on school buses operated by or under
 contract to the district and determine at  its  discretion  whether  the
 applicant  is  suitable for qualification. In such cases, applicants may
 be made the subject of a criminal history check.  Upon  receipt  of  the
 fingerprints  forwarded to them by such school district, the division of
 criminal justice services shall forward  to  such  school  district  the
 criminal  history  review. A fee not to exceed the cost for the criminal
 history review shall be charged by  the  division  of  criminal  justice
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07263-01-3
 A. 3423                             2

 
 services.  Such fingerprints also may be submitted to the federal bureau
 of investigation for a national criminal history record check.
   (b)  In  determining  the  qualifications  of school bus attendants, a
 school district OR A COUNTY may use the criteria listed  in  subdivision
 two of section five hundred nine-cc of this chapter relative to criminal
 convictions.
   (c)  All  inquiries made, and the use of any criminal record obtained,
 pursuant to this section shall be in accordance with section two hundred
 ninety-six of the executive law.  In  addition,  the  secondary  dissem-
 ination  of  such information shall be limited to other authorized agen-
 cies, by express agreement between the school district and the  division
 of  criminal justice services, or as authorized pursuant to federal law,
 and rules and  regulations.  No  cause  of  action  against  the  school
 district,  COUNTY  or  division of criminal justice services for damages
 related to the dissemination of criminal  history  records  pursuant  to
 this section shall exist when the school district, COUNTY or division of
 criminal  justice  services has reasonably and in good faith relied upon
 the accuracy and completeness of criminal history information  furnished
 to it by qualified agencies.
   (D)  IN  DETERMINING  THE  QUALIFICATIONS  OF SCHOOL BUS ATTENDANTS, A
 COUNTY PROVIDING TRANSPORTATION TO A "PRESCHOOL CHILD" PURSUANT TO PARA-
 GRAPH I OF SUBDIVISION ONE OF SECTION  FORTY-FOUR  HUNDRED  TEN  OF  THE
 EDUCATION LAW SHALL USE THE SAME CRITERIA SET FORTH IN THIS SUBDIVISION.
   §  2.  Subdivision 4 of section 1229-d of the vehicle and traffic law,
 as amended by section 6 of part E of chapter 501 of the laws of 2012, is
 amended to read as follows:
   (4) The commissioner of education, in consultation  with  the  justice
 center for the protection of people with special needs, shall promulgate
 rules  and regulations requiring that every school bus attendant serving
 a PRESCHOOL CHILD, student or students with a disability receive  train-
 ing  and  instruction  relating to the understanding of and attention to
 the special needs of such students. Such training and instruction may be
 included with the training and instruction required pursuant to subdivi-
 sion three of this section and shall be provided at least once per  year
 or  more  frequently  as  determined by the commissioner of education in
 consultation with the  state  comprehensive  school  bus  driver  safety
 training  council.  For  the  purposes  of  this  subdivision,  the term
 "student with a disability" shall have the same meaning as such term  is
 defined  in  subdivision  one  of  section forty-four hundred one of the
 education law AND THE TERM "PRESCHOOL CHILD" SHALL HAVE THE SAME MEANING
 AS SUCH TERM IS DEFINED IN PARAGRAPH I OF  SUBDIVISION  ONE  OF  SECTION
 FORTY-FOUR  HUNDRED  TEN  OF THE EDUCATION LAW. Any person employed as a
 school bus attendant serving a student or students with a disability  on
 January  first,  two thousand nine shall comply with the requirements of
 this subdivision by July first, two  thousand  nine.  Any  person  hired
 after  January  first,  two  thousand nine shall complete such training,
 instruction and testing prior to assuming his or her duties as a  school
 bus  attendant  serving  a  student  or students with a disability.  ANY
 PERSON EMPLOYED AS A SCHOOL BUS  ATTENDANT  SERVING  A  PRESCHOOL  CHILD
 SHALL  COMPLY  WITH  THE REQUIREMENTS OF THIS SUBDIVISION BY JULY FIRST,
 TWO THOUSAND TWENTY-FOUR.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.