S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7998--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred 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 contracts regarding
   bus drivers and bus drivers' 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 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  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.    REGARDING ANY
 DISTRICT WHOLLY WITHIN THE COUNTIES OF WESTCHESTER, PUTNAM,  NASSAU  AND
 SUFFOLK  AND WITH RESPECT TO ANY CONTRACT ENTERED INTO UNDER THIS SUBDI-
 VISION, SUCH 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,
 UNLESS  THE  SUPERINTENDENT  OF  THE  DISTRICT CERTIFIES THAT THE ACT OR
 OMISSION OF SUCH DRIVER OR  DRIVER'S  ASSISTANT,  IF  TRUE,  CONSTITUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11556-03-9

 A. 7998--A                          2
 
 EGREGIOUS  MISCONDUCT  THAT  CREATED  A  CLEAR AND PRESENT DANGER TO THE
 SAFETY AND WELFARE OF ANY CHILD IN HIS OR HER CARE. WHEN SUCH A  CERTIF-
 ICATION  IS MADE BY A SUPERINTENDENT, AND NOTWITHSTANDING PROCEDURES SET
 FORTH IN ANY CONTRACT REGARDING GRIEVANCES AGAINST A BUS DRIVER OR DRIV-
 ER'S  ASSISTANT,  AN  EXPEDITED  FACT-FINDING PROCESS SHALL BE COMPLETED
 WITHIN FIVE BUSINESS DAYS FROM THE DAY OF THE ALLEGED WRONGDOING BY SUCH
 BUS DRIVER OR DRIVER'S ASSISTANT. ANY DRIVER OR DRIVER'S  ASSISTANT  WHO
 SHALL INCUR A DIMINUTION IN WAGES AFTER THE COMMENCEMENT OF AN EXPEDITED
 PROCESS  AUTHORIZED  BY  THIS  SUBDIVISION, SHALL, IF THE SUPERINTENDENT
 DETERMINATION IS IMPROPER OR IF HE OR SHE IS EXONERATED OF COMMISSION OF
 THE UNDERLYING WRONGDOING, BE ENTITLED TO PUNITIVE DAMAGES IN AN  AMOUNT
 TO BE DETERMINED BY SUCH FINDER OF FACT.
   §  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.  REGARDING ANY DISTRICT WHOLLY WITHIN
 THE COUNTIES OF WESTCHESTER, PUTNAM, NASSAU AND SUFFOLK AND WITH RESPECT
 TO ANY CONTRACT ENTERED INTO UNDER THIS SUBDIVISION, SUCH 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' ASSISTANTS EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO THE
 DISTRICT IMPOSING OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST
 SUCH  DRIVER  OR  DRIVERS'  ASSISTANT,  UNLESS THE SUPERINTENDENT OF THE
 DISTRICT CERTIFIES THAT THE ACT OR OMISSION OF SUCH DRIVER  OR  DRIVER'S
 ASSISTANT,  IF  TRUE,  CONSTITUTED  EGREGIOUS  MISCONDUCT THAT CREATED A
 CLEAR AND PRESENT DANGER TO THE SAFETY AND WELFARE OF ANY CHILD  IN  HIS
 OR  HER CARE. WHEN SUCH A CERTIFICATION IS MADE BY A SUPERINTENDENT, AND
 NOTWITHSTANDING PROCEDURES SET FORTH IN ANY  CONTRACT  REGARDING  GRIEV-
 ANCES  AGAINST  A  BUS  DRIVER OR DRIVER'S ASSISTANT, AN EXPEDITED FACT-
 FINDING PROCESS SHALL BE COMPLETED WITHIN FIVE BUSINESS  DAYS  FROM  THE
 DAY  OF THE ALLEGED WRONGDOING BY SUCH BUS DRIVER OR DRIVER'S ASSISTANT.
 ANY DRIVER OR DRIVER'S ASSISTANT WHO SHALL INCUR A DIMINUTION  IN  WAGES
 AFTER THE COMMENCEMENT OF AN EXPEDITED PROCESS AUTHORIZED BY THIS SUBDI-
 VISION,  SHALL, IF THE SUPERINTENDENT DETERMINATION IS IMPROPER OR IF HE
 OR SHE IS EXONERATED OF COMMISSION  OF  THE  UNDERLYING  WRONGDOING,  BE
 ENTITLED  TO  PUNITIVE  DAMAGES  IN  AN  AMOUNT TO BE DETERMINED BY SUCH
 FINDER OF FACT.
   § 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

 A. 7998--A                          3
 
 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
 ANY  CITY  SCHOOL  DISTRICT  WHOLLY  WITHIN THE COUNTIES OF WESTCHESTER,
 PUTNAM, NASSAU AND  SUFFOLK,  IF  TRANSPORTATION  IS  PROVIDED  BY  SUCH
 DISTRICT,  PURSUANT  TO  OTHER  PROVISIONS OF THIS CHAPTER SUCH DISTRICT
 SHALL ABIDE BY THE TERMS CONTAINED IN ANY COLLECTIVELY BARGAINED  AGREE-
 MENT  APPLICABLE  TO BUS DRIVERS AND DRIVERS' ASSISTANTS ENTERED INTO BY
 THE CONTRACTING ENTITY GOVERNING DISCIPLINARY ACTIONS AGAINST BUS  DRIV-
 ERS 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, UNLESS THE SUPERINTENDENT  OF
 THE  DISTRICT CERTIFIES THAT THE ACT OR OMISSION OF SUCH DRIVER OR DRIV-
 ER'S ASSISTANT, IF TRUE, CONSTITUTED EGREGIOUS MISCONDUCT THAT CREATED A
 CLEAR AND PRESENT DANGER TO THE SAFETY AND WELFARE OF ANY CHILD  IN  HIS
 OR  HER CARE. WHEN SUCH A CERTIFICATION IS MADE BY A SUPERINTENDENT, AND
 NOTWITHSTANDING PROCEDURES SET FORTH IN ANY  CONTRACT  REGARDING  GRIEV-
 ANCES  AGAINST  A  BUS  DRIVER OR DRIVER'S ASSISTANT, AN EXPEDITED FACT-
 FINDING PROCESS SHALL BE COMPLETED WITHIN FIVE BUSINESS  DAYS  FROM  THE
 DAY  OF THE ALLEGED WRONGDOING BY SUCH BUS DRIVER OR DRIVER'S ASSISTANT.
 ANY DRIVER OR DRIVER'S ASSISTANT WHO SHALL INCUR A DIMINUTION  IN  WAGES
 AFTER THE COMMENCEMENT OF AN EXPEDITED PROCESS AUTHORIZED BY THIS SUBDI-
 VISION,  SHALL, IF THE SUPERINTENDENT DETERMINATION IS IMPROPER OR IF HE
 OR SHE IS EXONERATED OF COMMISSION  OF  THE  UNDERLYING  WRONGDOING,  BE
 ENTITLED  TO  PUNITIVE  DAMAGES  IN  AN  AMOUNT TO BE DETERMINED BY SUCH
 FINDER OF FACT. 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.
   §  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 ANY CITY SCHOOL DISTRICT WHOLLY
 WITHIN THE COUNTIES OF  WESTCHESTER,  PUTNAM,  NASSAU  AND  SUFFOLK,  IF
 TRANSPORTATION   IS   PROVIDED  BY  SUCH  DISTRICT,  PURSUANT  TO  OTHER
 PROVISIONS OF THIS CHAPTER  SUCH  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

 A. 7998--A                          4
 
 DRIVERS' ASSISTANT, UNLESS THE SUPERINTENDENT OF THE DISTRICT  CERTIFIES
 THAT  THE ACT OR OMISSION OF SUCH DRIVER OR DRIVERS' ASSISTANT, IF TRUE,
 CONSTITUTED EGREGIOUS MISCONDUCT THAT CREATED A CLEAR AND PRESENT DANGER
 TO  THE  SAFETY AND WELFARE OF ANY CHILD IN HIS OR HER CARE. WHEN SUCH A
 CERTIFICATION IS MADE BY A SUPERINTENDENT,  AND  NOTWITHSTANDING  PROCE-
 DURES SET FORTH IN ANY CONTRACT REGARDING GRIEVANCES AGAINST A BUS DRIV-
 ER  OR  DRIVERS'  ASSISTANT,  AN EXPEDITED FACT-FINDING PROCESS SHALL BE
 COMPLETED WITHIN FIVE BUSINESS DAYS FROM THE DAY OF THE ALLEGED WRONGDO-
 ING BY SUCH BUS DRIVER OR DRIVERS' ASSISTANT.  ANY  DRIVER  OR  DRIVERS'
 ASSISTANT  WHO  SHALL INCUR A DIMINUTION IN WAGES AFTER THE COMMENCEMENT
 OF AN EXPEDITED PROCESS AUTHORIZED BY THIS SUBDIVISION,  SHALL,  IF  THE
 SUPERINTENDENT  DETERMINATION  IS IMPROPER OR IF HE OR SHE IS EXONERATED
 OF COMMISSION OF THE UNDERLYING  WRONGDOING,  BE  ENTITLED  TO  PUNITIVE
 DAMAGES IN AN AMOUNT TO BE DETERMINED BY SUCH FINDER OF FACT.
   § 5. This act shall take effect immediately.