S T A T E O F N E W Y O R K
________________________________________________________________________
286
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law and the vehicle and traffic law, in
relation to providing for the installation and use of video monitoring
systems on school buses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3624-a
to read as follows:
S 3624-A. SCHOOL BUS VIDEO MONITORING SYSTEMS. 1. THE COMMISSIONER, IN
CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, SHALL PROMULGATE
RULES AND REGULATIONS TO REQUIRE THE BOARD OF EDUCATION OR TRUSTEES OF
EVERY SCHOOL DISTRICT IN THE STATE TO PROVIDE FOR THE INSTALLATION AND
USE OF ONE OR MORE SCHOOL BUS VIDEO MONITORING SYSTEMS, AS DEFINED IN
SUBDIVISION THIRTEEN-A OF SECTION THIRTY-SIX HUNDRED TWENTY-ONE OF THIS
ARTICLE, ON EVERY SCHOOL BUS, AS DEFINED IN SUBDIVISION SIX OF SUCH
SECTION, THAT IS PURCHASED, LEASED, CONTRACTED FOR OR USED FOR THE
TRANSPORTATION OF ENROLLED PUPILS FOR ANY REASON BY SUCH DISTRICT OR BY
A SCHOOL WITHIN THE DISTRICT. THE COMMISSIONER OF TRANSPORTATION, IN
CONSULTATION WITH THE COMMISSIONER, SHALL AMEND THE RULES AND REGU-
LATIONS PROMULGATED PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE
OF THIS ARTICLE, TO REQUIRE THAT EVERY SCHOOL BUS BE EQUIPPED WITH ONE
OR MORE SCHOOL BUS VIDEO MONITORING SYSTEMS IN ACCORDANCE WITH THE
REQUIREMENTS OF SUBDIVISION TWENTY-ONE-J OF SECTION THREE HUNDRED SEVEN-
TY-FIVE OF THE VEHICLE AND TRAFFIC LAW AND THIS SECTION.
2. THE COMMISSIONER'S RULES AND REGULATIONS SHALL REQUIRE SCHOOL
DISTRICTS TO PROMULGATE, COMMUNICATE AND ENFORCE POLICIES AND PROCEDURES
TO BE FOLLOWED WHEN USING ON-BOARD VIDEO MONITORING SYSTEMS. SUCH POLI-
CIES AND PROCEDURES SHALL INCLUDE AT A MINIMUM, AND SHALL BE CONSISTENT
WITH, THE FOLLOWING REQUIREMENTS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02587-01-1
S. 286 2
A. VIDEO CAMERAS ON SCHOOL BUSES SHALL BE USED ONLY AS AN AID TO MONI-
TOR ON-BOARD ACTIVITIES. THESE DEVICES SHALL NOT REPLACE DISCIPLINE
POLICY, THE AUTHORITY OF THE DRIVER, OR THE RESPONSIBILITY OF SCHOOL
OFFICIALS. THE CODE OF CONDUCT FOR PUPIL BEHAVIOR ON SCHOOL PROPERTY,
ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, AS
IT RELATES TO CONDUCT ON SCHOOL BUSES, AND ALL OTHER SAFE-DRIVING AND
SAFE-RIDING RULES, REGULATIONS, POLICIES AND PROCEDURES OF THE DISTRICT
OR REQUIRED BY LAW OR BY THE COMMISSIONER CONSISTENT WITH LAW SHALL BE
ENFORCED ON SCHOOL BUSES WHETHER OR NOT PUPILS ARE BEING TRANSPORTED ON
SUCH BUSES AT THE TIME CONDUCT BY A SCHOOL BUS DRIVER OR PASSENGER WHILE
ON-BOARD THE BUS IS OBSERVED.
B. ALL PUPILS AND ALL SCHOOL BUS DRIVERS SHALL BE NOTIFIED THAT THEY
ARE SUBJECT TO BEING VIDEOTAPED ON A SCHOOL BUS AT ANY TIME. SUCH
NOTIFICATION SHALL BE MADE BY THE SCHOOL TO THE PARENTS OF ALL ENROLLED
PUPILS. PRIOR TO ACTUAL VIDEOTAPING, DRIVERS, PARENTS AND PUPILS SHALL
BE ADVISED WHAT DRIVER CONDUCT AND WHAT PUPIL CONDUCT IS PROHIBITED BY
THE STATE AND BY THE DISTRICT AND THAT SUCH CONDUCT WILL RESULT IN SPEC-
IFIED DISCIPLINARY CONSEQUENCES AS DEFINED IN THE ESTABLISHED DISCIPLINE
POLICY. ACTUAL VIDEOTAPING SHALL BE BY MEANS OF SIMULTANEOUS AUDIO AND
VIDEO RECORDING.
C. REGULAR AND PERIODIC NOTIFICATIONS REGARDING VIDEOTAPING MUST
OCCUR, ADDRESSING THE PURPOSE AND USE OF VIDEO EQUIPMENT AND THE NEED
FOR PERSONAL AWARENESS OF SAFETY ISSUES. THESE NOTIFICATIONS SHALL BE
MADE TO GUARD AGAINST A FALSE SENSE OF SECURITY. THE USE OF NEWSLETTERS,
PUPIL HANDOUTS, AND NOTICES POSTED WITHIN THE BUS SHALL CONSTITUTE MEANS
OF FULFILLING THIS REQUIREMENT.
D. AFTER VIDEOTAPING HAS BEEN CONDUCTED, THE TAPES SHALL BE STORED IN
A SECURE LOCATION FOR A PERIOD OF TIME DESIGNATED BY DISTRICT POLICY,
EXCEPT THAT A SPECIFIC TAPE MAY BE REMOVED FROM STORAGE FOR PLAYBACK
WHENEVER IT IS NEEDED IN AN ONGOING LEGAL ACTION OR PROCEEDING.
E. THE BOARD OF EDUCATION OR TRUSTEES OF EVERY SCHOOL DISTRICT SHALL
DESIGNATE ONE OR MORE PERSONNEL EMPLOYED BY THE DISTRICT OR BY EVERY
SCHOOL WITHIN THE DISTRICT TO PERIODICALLY REVIEW VIDEOTAPES ON A RANDOM
BASIS TO ENSURE PROPER DRIVER AND PUPIL CONDUCT. IF NO MISCONDUCT OR
SAFETY-RELATED INCIDENTS ARE REPORTED WITHIN A PERIOD DEFINED BY THE
POLICY OF THE DISTRICT, THE TAPES MAY BE RECYCLED FOR FUTURE USE. HOWEV-
ER, IF MISCONDUCT OR SAFETY-RELATED INCIDENTS ARE REPORTED, OR IF ANY
SUCH INCIDENT IS VIEWED DURING THE RANDOM SELECTION PROCESS, THE TAPES
SHALL BE STORED UNTIL FINAL RESOLUTION OR UNTIL SUCH TIME AS ANY ADMIN-
ISTRATIVE APPEAL OR LEGAL ACTION OR PROCEEDING IS CONCLUDED.
S 2. Section 3621 of the education law is amended by adding a new
subdivision 13-a to read as follows:
13-A. SCHOOL BUS VIDEO MONITORING SYSTEM. THE TERM "SCHOOL BUS VIDEO
MONITORING SYSTEM" MEANS ONE OR MORE ELECTRONIC DEVICES CONSISTING OF AT
LEAST A VIDEO CAMERA AND MICROPHONE AND VIDEOTAPING AND AUDIOTAPING
EQUIPMENT, INSTALLED ON A SCHOOL BUS AND CAPABLE OF RECORDING THE
CONDUCT AND MOVEMENT OF PERSONS WITHIN THE DRIVER AND PASSENGER COMPART-
MENTS OF THE BUS.
S 3. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended to read
as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
S. 286 3
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) THE
PURCHASE AND INSTALLATION OF SCHOOL BUS VIDEO MONITORING SYSTEMS ON
SCHOOL BUSES IN ACCORDANCE WITH THE PROVISIONS OF SECTION THIRTY-SIX
HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, (VIII) the purchase and installa-
tion of exterior reflective marking on school buses, [(viii)] (IX) the
purchase of automatic engine fire extinguishing systems for school buses
used to transport students who use wheelchairs or other assistive mobil-
ity devices, and [(ix)] (X) the purchase of other equipment as
prescribed in the regulations of the commissioner; and
S 4. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 21-j to read as follows:
21-J. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
TRANSPORTATION, SHALL PROMULGATE RULES AND REGULATIONS FOR THE USE OF
SCHOOL BUS VIDEO MONITORING SYSTEMS ON SCHOOL BUSES.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing sections of this act
on the effective date of this act is authorized and directed to be made
and completed on or before such effective date.