S T A T E   O F   N E W   Y O R K
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                                  9147

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                           September 22, 2009
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- 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.
                                                           LBD14664-02-9

              

A. 9147                             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.
  S  2.  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:
  (4)  The  commissioner  of  education,  in consultation with the state
commission on quality care and advocacy for persons  with  disabilities,
shall  promulgate  rules and regulations requiring that every school bus
attendant serving a PRESCHOOL CHILD, student or students with a disabil-
ity receive 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. 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 TEN.
  S 3. This act shall take effect in sixty days; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.