S T A T E O F N E W Y O R K
________________________________________________________________________
4052
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to contracts regarding
bus drivers and bus drivers' assistants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 23 of section 1604 of the education law, as
amended by chapter 269 of the laws of 1974, is amended to read as
follows:
23. To contract with any person, corporation or other school district
for the conveyance of pupils residing within the district, when author-
ized to do so under subdivision nineteen of section two thousand twen-
ty-one OF THIS CHAPTER, by vote of the inhabitants of the district enti-
tled to vote, or to contract for the operation, maintenance and garaging
of motor vehicles owned by the district, in accordance with such rules
and regulations as such trustees may establish, consistent with the
regulations of the commissioner [of education]. Upon authorization by a
school district meeting, every such contract of transportation may be
made for a period not exceeding five years, notwithstanding any
provision of any other law inconsistent herewith. WITH RESPECT TO ANY
CONTRACT ENTERED INTO UNDER THIS SUBDIVISION, THE DISTRICT SHALL ABIDE
BY THE TERMS CONTAINED IN ANY COLLECTIVELY BARGAINED AGREEMENT APPLICA-
BLE TO BUS DRIVERS AND DRIVERS' ASSISTANTS ENTERED INTO BY THE CONTRACT-
ING ENTITY GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIV-
ERS' ASSISTANTS EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO THE
DISTRICT IMPOSING OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST
SUCH DRIVER OR DRIVERS' ASSISTANT.
§ 2. Subdivision 27 of section 1709 of the education law, as amended
by chapter 737 of the laws of 1992, is amended to read as follows:
27. To contract with any person, corporation or other school district
for the conveyance of pupils residing within the district, when author-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02399-01-3
A. 4052 2
ized to do so under subdivision nineteen of section two thousand twen-
ty-one of this chapter, by vote of the inhabitants of the district enti-
tled to vote, or to contract for the operation, maintenance and garaging
of motor vehicles owned by the district, in accordance with such rules
and regulations as such board of education may establish, consistent
with the regulations of the commissioner. Upon authorization by a school
district meeting, every such contract of transportation may be made for
a period not exceeding five years, notwithstanding any provision of any
other law inconsistent herewith. WITH RESPECT TO ANY CONTRACT ENTERED
INTO UNDER THIS SUBDIVISION, THE DISTRICT SHALL ABIDE BY THE TERMS
CONTAINED IN ANY COLLECTIVELY BARGAINED AGREEMENT APPLICABLE TO BUS
DRIVERS AND DRIVERS' ASSISTANTS ENTERED INTO BY THE CONTRACTING ENTITY
GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVERS' ASSIST-
ANTS EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO THE DISTRICT IMPOSING
OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST SUCH DRIVER OR
DRIVERS' ASSISTANT.
§ 3. Subdivision 12 of section 2503 of the education law, as amended
by chapter 171 of the laws of 1996, is amended to read as follows:
12. Shall provide by contract or otherwise for the transportation of
children to and from any school or institution of learning whenever in
its judgment such transportation is required because of the remoteness
of the school to the pupil or for the promotion of the best interests of
such children; and, in the case of an enlarged city school district,
shall provide such transportation to children residing outside the city
limits and may, in its discretion, provide transportation for children
residing within the city limits. Any such contract may be made for a
period of not exceeding five years, notwithstanding any provision of any
charter or other provision of law inconsistent herewith, PROVIDED, THAT
FOR THE CITY SCHOOL DISTRICT OF THE CITY OF WHITE PLAINS, IF TRANSPORTA-
TION IS PROVIDED BY SUCH DISTRICT, PURSUANT TO OTHER PROVISIONS OF THIS
CHAPTER, SUCH DISTRICT SHALL ABIDE BY THE TERMS CONTAINED IN ANY COLLEC-
TIVELY BARGAINED AGREEMENT APPLICABLE TO BUS DRIVERS AND DRIVERS'
ASSISTANTS ENTERED INTO BY THE CONTRACTING ENTITY GOVERNING DISCIPLINARY
ACTIONS AGAINST BUS DRIVERS AND DRIVERS' ASSISTANTS EMPLOYED BY SUCH
CONTRACTING ENTITY PRIOR TO THE DISTRICT IMPOSING OR IMPLEMENTING AN
ADVERSE DISCIPLINARY ACTION AGAINST SUCH DRIVER OR DRIVERS' ASSISTANTS.
Provided FURTHER, that the cost of such transportation:
a. to and from schools within the school district for distances
greater than two or three miles, as applicable, and to and from schools
outside the district within the mileage limitations prescribed in para-
graph a of subdivision one of section thirty-six hundred thirty-five of
this chapter shall always be an ordinary contingent expense, and
b. for distances less than two or three miles, as applicable, or for
greater than fifteen miles to and from schools outside the district
shall be an ordinary contingent expense if: (i) such transportation was
provided during the preceding school year and the qualified voters have
not passed a special proposition constricting the mileage limitations
for the current school year from those in effect in the prior year, or
(ii) the qualified voters have passed a special proposition expanding
the mileage limitations in effect in the prior year.
§ 4. Subdivision 19 of section 2554 of the education law, as renum-
bered by chapter 762 of the laws of 1950, is amended to read as follows:
19. To provide by contract for the transportation of children to and
from any school or institution of learning whenever in its judgment such
transportation is required because of the remoteness of the school to
the pupil or for the promotion of the best interests of such children.
A. 4052 3
Any such contract may be made for a period not exceeding five years,
notwithstanding any provision of any charter or other provision of law
inconsistent herewith, PROVIDED, THAT FOR THE CITY SCHOOL DISTRICT OF
THE CITY OF YONKERS, IF TRANSPORTATION IS PROVIDED BY SUCH DISTRICT,
PURSUANT TO OTHER PROVISIONS OF THIS CHAPTER, SUCH DISTRICT SHALL ABIDE
BY THE TERMS CONTAINED IN ANY COLLECTIVELY BARGAINED AGREEMENT APPLICA-
BLE TO BUS DRIVERS AND DRIVERS' ASSISTANTS ENTERED INTO BY THE CONTRACT-
ING ENTITY GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIV-
ERS' ASSISTANTS EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO THE
DISTRICT IMPOSING OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST
SUCH DRIVER OR DRIVERS' ASSISTANTS.
§ 5. This act shall take effect immediately.