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

                                 3474--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced by Sens. LANZA, ADDABBO, AVELLA, COMRIE, ESPAILLAT, HAMILTON,
  HASSELL-THOMPSON,  HOYLMAN, KRUEGER, LATIMER, MURPHY, PANEPINTO, PARK-
  ER, PERALTA, PERKINS, RIVERA, SANDERS, SAVINO,  SERRANO,  SQUADRON  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Education  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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
OR  IMPLEMENTING  AN  ADVERSE DISCIPLINARY ACTION AGAINST SUCH DRIVER OR
DRIVERS' ASSISTANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02093-03-5
              

S. 3474--A                          2

  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.
  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:

S. 3474--A                          3

  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.