S T A T E O F N E W Y O R K
________________________________________________________________________
7749
2019-2020 Regular Sessions
I N A S S E M B L Y
May 17, 2019
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to contracts for the
transportation of school children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 14 of section 305 of the educa-
tion law, as amended by chapter 273 of the laws of 1999, is amended to
read as follows:
a. (1) All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. Except as provided
in paragraph e of this subdivision, all such contracts involving an
annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
if, in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek, obtain
and consider new proposals. All proposals for such transportation, main-
tenance, mobile instructional units, or cafeteria and restaurant service
shall be in such form as the commissioner may prescribe. Advertisement
for bids shall be published in a newspaper or newspapers designated by
the board of education or trustee of the district having general circu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11915-03-9
A. 7749 2
lation within the district for such purpose. Such advertisement shall
contain a statement of the time when and place where all bids received
pursuant to such advertisement will be publicly opened and read either
by the school authorities or by a person or persons designated by them.
All bids received shall be publicly opened and read at the time and
place so specified. At least five days shall elapse between the first
publication of such advertisement and the date so specified for the
opening and reading of bids. The requirement for competitive bidding
shall not apply to an award of a contract for the transportation of
pupils or a contract for mobile instructional units, if such award is
based on an evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision. The requirement
for competitive bidding shall not apply to annual, biennial, or trienni-
al extensions of a contract nor shall the requirement for competitive
bidding apply to quadrennial or quinquennial year extensions of a
contract involving transportation of pupils, maintenance of school buses
or mobile instructional units secured either through competitive bidding
or through evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision, when such exten-
sions [(1)] (I) are made by the board of education or the trustee of a
district, under rules and regulations prescribed by the commissioner,
and, [(2)] (II) do not extend the original contract period beyond five
years from the date cafeteria and restaurant service commenced there-
under and in the case of contracts for the transportation of pupils, for
the maintenance of school buses or for mobile instructional units, that
such contracts may be extended, except that power is hereby vested in
the commissioner, in addition to his existing statutory authority to
approve or disapprove transportation or maintenance contracts, [(i)] (A)
to reject any extension of a contract beyond the initial term thereof if
he finds that amount to be paid by the district to the contractor in any
year of such proposed extension fails to reflect any decrease in the
regional consumer price index for the N.Y., N.Y.-Northeastern, N.J.
area, based upon the index for all urban consumers (CPI-U) during the
preceding twelve month period; and [(ii)] (B) to reject any extension of
a contract after ten years from the date transportation or maintenance
service commenced thereunder, or mobile instructional units were first
provided, if in his opinion, the best interests of the district will be
promoted thereby. Upon such rejection of any proposed extension, the
commissioner may order the board of education or trustee of the district
to seek, obtain and consider bids pursuant to the provisions of this
section. The board of education or the trustee of a school district
electing to extend a contract as provided herein, may, in its
discretion, increase the amount to be paid in each year of the contract
extension by an amount not to exceed the regional consumer price index
increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the
index for all urban consumers (CPI-U), during the preceding twelve month
period, provided it has been satisfactorily established by the contrac-
tor that there has been at least an equivalent increase in the amount of
his cost of operation, during the period of the contract.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED
THROUGH COMPETITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS IN
RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT TO PARAGRAPH E OF THIS
SUBDIVISION, PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF
A. 7749 3
SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE
HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
IN CONNECTION WITH SUCH CONTRACTS AND THE COST OF SUCH PROVISIONS SHALL
BE IDENTIFIED IN CONTRACTS AWARDED PURSUANT TO THIS SUBPARAGRAPH. FOR
PURPOSES OF THIS SUBPARAGRAPH, "CONTRACTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN" SHALL MEAN CONTRACTS FOR THE TRANSPORTATION OF PUPILS
ATTENDING SCHOOL IN SUCH CITY SCHOOL DISTRICT UNDER WHICH TRANSPORTATION
SERVICES ARE PERFORMED BY SCHOOL BUS WORKERS; AND "SCHOOL BUS WORKER"
SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR ATTENDANT WHO: (I) WAS
EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AT ANY TIME THEREAFT-
ER BY (A) A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF
EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDER-
GARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, OR (B) A
SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE
BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST
ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN
KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, AND
(II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS A RESULT OF A LOSS OF
SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH CONTRACTOR OR SUCH
SUBCONTRACTOR, OR AS A RESULT OF A REDUCTION IN SERVICE DIRECTED BY SUCH
BOARD OF EDUCATION DURING THE TERM OF SUCH CONTRACT.
(3) BY JULY THIRTIETH, TWO THOUSAND TWENTY AND ANNUALLY THEREAFTER,
THE BOARD OF EDUCATION LOCATED IN A CITY WITH AT LEAST ONE MILLION
INHABITANTS SHALL REPORT TO THE DIRECTOR OF THE DIVISION OF THE BUDGET,
THE SECRETARY TO THE SENATE FINANCE COMMITTEE, AND THE SECRETARY TO THE
ASSEMBLY WAYS AND MEANS COMMITTEE ON ANY COMPETITIVE SOLICITATION,
ISSUED AFTER APRIL FIRST, TWO THOUSAND NINETEEN, UNDERTAKEN FOR THE TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER RELAT-
ING TO CONTRACTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGAR-
TEN THROUGH GRADE TWELVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH
THAT CONTAIN PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF
SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE
HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
IN CONNECTION WITH SUCH CONTRACTS. SUCH REPORT SHALL ADDRESS THE RESULTS
OF RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORKERS AND FOR THE
PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT BENEFITS AND
SENIORITY FOR SCHOOL BUS WORKERS ASSOCIATED WITH THE CONTRACTS CONTAIN-
ING SUCH PROVISIONS, A LISTING OF OTHER PROVISIONS CONTAINED IN SUCH
CONTRACTS, AND THE AVERAGE INCREASE IN COST OF SUCH CONTRACTS, IF ANY,
AND A DETAILED EXPLANATION FOR SUCH INCREASES.
§ 2. Subdivision 1 of section 3623-a of the education law is amended
by adding a new paragraph g to read as follows:
G. NOTWITHSTANDING ANY PROVISION IN THIS SUBDIVISION TO THE CONTRARY,
FOR A BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT LOCATED IN A CITY
WITH AT LEAST ONE MILLION INHABITANTS, EXPENDITURES SOLELY FOR SUBSTI-
TUTE CONTRACTS ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SEVEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL BE REDUCED, FOR THE
ORIGINAL TERM OF SUCH SUBSTITUTE CONTRACTS, BY THE COSTS ATTRIBUTABLE TO
PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORK-
ERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT
BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT TO
SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING IN CONNECTION WITH
SUCH SUBSTITUTE CONTRACTS, AS SUCH COSTS ARE IDENTIFIED PURSUANT TO
A. 7749 4
SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION FOURTEEN OF SECTION THREE
HUNDRED FIVE OF THIS CHAPTER, AS SUCH IDENTIFIED COSTS MAY BE ADJUSTED
PURSUANT TO SUCH SUBSTITUTE CONTRACTS. SUCH IDENTIFIED COSTS SHALL NOT
INCLUDE ANY COSTS ATTRIBUTABLE TO WAGES OR BENEFITS, OR TO ANY INCREASE
IN WAGES OR BENEFITS, OTHER THAN SUCH INCREMENTAL COSTS ATTRIBUTABLE TO
PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORK-
ERS AND FOR THE _PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT
BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT TO
SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING IN CONNECTION WITH
SUCH SUBSTITUTE CONTRACTS. FOR THE PURPOSES OF THIS PARAGRAPH: "SUBSTI-
TUTE CONTRACTS" SHALL MEAN CONTRACTS FOR TRANSPORTATION SERVICES FOR
STUDENTS WITH DISABILITIES AND THEIR NON-DISABLED PEERS, PROCURED,
PURSUANT TO A COMPETITIVE SOLICITATION ISSUED AFTER APRIL FIRST, TWO
THOUSAND NINETEEN, FOR THE PURPOSE OF REPLACING EXPIRED OR TERMINATED
CONTRACTS WHICH HAD BEEN AWARDED PURSUANT TO REQUEST FOR BIDS NUMBER
B2192 OR B2321; "CONTRACTS FOR TRANSPORTATION SERVICES" SHALL MEAN
CONTRACTS FOR THE TRANSPORTATION OF PUPILS ATTENDING SCHOOL IN SUCH CITY
SCHOOL DISTRICT UNDER WHICH TRANSPORTATION SERVICES ARE PERFORMED BY
SCHOOL BUS WORKERS; AND "ORIGINAL TERM" SHALL MEAN THE INITIAL TERM OF
THE SUBSTITUTE CONTRACT, OR THE INITIAL TERM OF THE SUBSTITUTE CONTRACT
PLUS THE INITIAL TERM OF ANY ADDITIONAL SUBSEQUENT SUBSTITUTE CONTRACTS,
PROVIDED THAT THE INITIAL TERM OF ANY SUBSTITUTE CONTRACT AND THE
INITIAL TERM OF ANY SUBSEQUENT SUBSTITUTE CONTRACTS, IF ANY, SHALL
EQUAL, FOR PURPOSES OF THIS PARAGRAPH, A CUMULATIVE TOTAL OF FIVE YEARS.
§ 3. This act shall take effect immediately.