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.