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

                                 2781--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  NOLAN,  O'DONNELL,  TITONE, MAYER, BICHOTTE,
  MOSLEY, WALKER, PICHARDO, WEPRIN,  COLTON,  ORTIZ,  TITUS,  RODRIGUEZ,
  RICHARDSON,  BENEDETTO, CLARK, JOYNER, SEPULVEDA -- Multi-Sponsored by
  -- M. of A.  BRENNAN, BRONSON, CRESPO, DAVILA, SCHIMEL  --  read  once
  and referred to the Committee on Education -- reported and referred to
  the  Committee  on  Rules -- Rules Committee discharged, bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the education law,  in  relation  to  certain  contracts
  regarding bus drivers and bus driver's 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,  by vote of the inhabitants of the district entitled to vote, or
to contract for the operation, maintenance and garaging of  motor  vehi-
cles  owned  by  the  district,  in accordance with such rules and regu-
lations 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02093-02-5

              

A. 2781--A                          2

OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST  SUCH  DRIVER  OR
DRIVERS' ASSISTANT.
  S  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-
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.
  S  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,  THE 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' ASSISTANT.
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.

A. 2781--A                          3

  S  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.
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, 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.
  S 5. This act shall take effect immediately.