NY State Senate Bill 2023-S7415

Senate Bill S7415

2023-2024 Legislative Session

Details the procedure that certain school districts must follow when dealing with disciplinary actions for bus drivers and bus drivers' assistants

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
May 23, 2024	advanced to third reading
May 22, 2024	2nd report cal.
May 21, 2024	1st report cal.1283
Jan 03, 2024	referred to education
May 24, 2023	referred to education

Votes

- May 21, 2024 - Education Committee Vote
  S7415
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 21, 2024
      
      aye (15)
      
      Addabbo Jr.
      
      Chu
      
      Cleare
      
      Felder
      
      Jackson
      
      Liu
      
      Mannion
      
      Martinez
      
      Mayer
      
      Oberacker
      
      Stavisky
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik

co-Sponsors

View additional co-sponsors

2023-S7415 (ACTIVE) - Details

See Assembly Version of this Bill:: A6840
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §§1604, 1709, 2503 & 2554, Ed L

2023-S7415 (ACTIVE) - Summary

Details the procedure that certain school districts must follow when dealing with disciplinary actions for bus drivers and bus drivers' assistants.

2023-S7415 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7415

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to contracts regarding
bus drivers and bus drivers' assistants

 
PURPOSE:

This bill would require school districts to abide by the existing
collective bargaining agreement between its transportation contractor
and its employees with regard to disciplinary actions against bus driv-
ers and bus driver assistants, unless the Superintendent declares that
the acts or omissions of such individuals is a clear and present danger
to the welfare of the school children they are entrusted to transport.
In such instances a statutory expedited hearing is authorized in the
bill.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1,2,3, and 4 of the bill amend sections 1604, 1709, 2503, 2554

of the education law to require that school districts located within
Westchester, Putnam, Nassau and Suffolk counties honor grievance
proceedings due process protections in contracts between the employees
of their student transportation vendors and such vendors. The bill
provides for a limited exception when the Superintendent in any affected
school district certifies that the acts or omissions of a bus driver or
bus driver assistant constitutes egregious misconduct that presents a
clear and present danger to the welfare and safety of school children
entrusted to their care. In such instance, an expedited statutory
proceeding is mandated.

Section 5 of the bill imposes an immediate effective date.

 
JUSTIFICATION:

School bus drivers and driver assistants are required by law to secure
certification and licenses to convey school children to and from
schools. Those who are directly employed by school districts enjoy stat-
utory procedural protections against arbitrary and unfair disciplinary
actions that can jeopardize and terminate their employment and income.
In many school districts in suburban counties within the metropolitan
area of New York City, school districts contract out for student trans-
portation services; thereby rendering the bus driver and driver assist-
ants employees of the vendors to the school district - not the district
itself. That status difference renders the statutory protections against
arbitrary and unfair disciplinary actions inapplicable. Further, it also
renders any contractual protections such employees have bargained for
inoperable, since the school districts are not a party bound by the
contracts with their employer. This bill would require that such
districts honor the contractual due process protections of such employ-
ees, with a limited exception where the alleged misconduct or omission
is grave in nature and a threat to the welfare and safety of students.

 
PRIOR LEGISLATIVE HISTORY:

S5707 (2019;Mayer): Reported to 3rd Reading

S3474A (2016;Lanza): Referred to Education

S4428( 2018;Lanza): Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S7415 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7415
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  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  DRIVER'S
 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 DRIVER'S 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10466-01-3

 S. 7415                             2
 
 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 DRIVER'S ASSISTANTS ENTERED INTO BY THE
 CONTRACTING ENTITY GOVERNING DISCIPLINARY ACTIONS  AGAINST  BUS  DRIVERS
 AND DRIVER'S ASSISTANTS EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO THE
 DISTRICT IMPOSING OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST
 SUCH  DRIVER  OR  DRIVER'S  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
 residing  within  the city limits.   Any such contract may be made for a
 S. 7415                             3
 
 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 DRIVER'S ASSISTANTS ENTERED  INTO  BY
 THE  CONTRACTING ENTITY GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIV-
 ERS AND DRIVER'S ASSISTANTS EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO
 THE DISTRICT IMPOSING OR IMPLEMENTING  AN  ADVERSE  DISCIPLINARY  ACTION
 AGAINST  SUCH DRIVER OR DRIVER'S 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  DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING ENTITY
 GOVERNING DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S  ASSIST-
 ANTS  EMPLOYED BY SUCH CONTRACTING ENTITY PRIOR TO THE DISTRICT IMPOSING
 OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST  SUCH  DRIVER  OR
 DRIVER'S  ASSISTANT, UNLESS THE SUPERINTENDENT OF THE DISTRICT CERTIFIES
 S. 7415                             4
 
 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 PROCE-
 DURES SET FORTH IN ANY CONTRACT REGARDING GRIEVANCES AGAINST A BUS DRIV-
 ER OR DRIVER'S 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 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.
   § 5. This act shall take effect immediately.

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