S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    402
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  certain  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.  WITH RESPECT  TO  ANY
 CONTRACT  ENTERED  INTO UNDER THIS SUBDIVISION, 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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04295-01-9

 S. 402                              2
 
   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.
   §  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.
   §  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

 S. 402                              3
 
 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.
   § 5. This act shall take effect immediately.