§ 1229-d. School bus attendant. (1) "School bus attendant" shall mean
a person employed or authorized by a school district to ride on a school
bus as defined in paragraph (a) of subdivision one of section five
hundred nine-a of this chapter for the purpose of maintaining order or
rendering assistance to pupils with special needs.

(2) Screening of applicants for position of school bus attendant (a) a
school district, pursuant to a policy statement or resolution adopted by
such district, may review the qualifications of every applicant for the
position of school bus attendant on school buses operated by or under
contract to the district and determine at its discretion whether the
applicant is suitable for qualification. In such cases, applicants may
be made the subject of a criminal history check. Upon receipt of the
fingerprints forwarded to them by such school district, the division of
criminal justice services shall forward to such school district the
criminal history review. A fee not to exceed the cost for the criminal
history review shall be charged by the division of criminal justice
services. Such fingerprints also may be submitted to the federal bureau
of investigation for a national criminal history record check.

(b) In determining the qualifications of school bus attendants, a
school district may use the criteria listed in subdivision two of
section five hundred nine-cc of this chapter relative to criminal
convictions.

(c) All inquiries made, and the use of any criminal record obtained,
pursuant to this section shall be in accordance with section two hundred
ninety-six of the executive law. In addition, the secondary
dissemination of such information shall be limited to other authorized
agencies, by express agreement between the school district and the
division of criminal justice services, or as authorized pursuant to
federal law, and rules and regulations. No cause of action against the
school district or division of criminal justice services for damages
related to the dissemination of criminal history records pursuant to
this section shall exist when the school district or division of
criminal justice services has reasonably and in good faith relied upon
the accuracy and completeness of criminal history information furnished
to it by qualified agencies.

(3) The commissioner of education shall promulgate rules and
regulations requiring that every school bus attendant serving pupils
with a disabling condition receive school bus safety training and
instruction relating to the special needs of such pupils. Such training
shall include guidance on the proper techniques for assisting disabled
students in entering and exiting the school bus, and shall include
instruction in cardiopulmonary resuscitation where such skills are
required as part of the individualized education plan prepared for the
student, as well as any additional first aid or health emergency skills
that the commissioner of education deems appropriate and necessary for
school bus attendants to possess. In addition, such school bus
attendants shall demonstrate the ability to perform procedures necessary
in emergency situations as deemed appropriate by the commissioner of
education. Any person employed as a school bus attendant serving pupils
with a disabling condition on January first, two thousand four shall
comply with the requirements of this subdivision by July first, two
thousand four. Any person hired after January first, two thousand four
shall complete training, instruction and testing prior to assuming their
duties as a school bus attendant serving pupils with a disabling
condition.

(4) The commissioner of education, in consultation with the justice
center for the protection of people with special needs, shall promulgate
rules and regulations requiring that every school bus attendant serving
a student or students with a disability receive training and instruction
relating to the understanding of and attention to the special needs of
such students. Such training and instruction may be included with the
training and instruction required pursuant to subdivision three of this
section and shall be provided at least once per year or more frequently
as determined by the commissioner of education in consultation with the
state comprehensive school bus driver safety training council. For the
purposes of this subdivision, the term "student with a disability" shall
have the same meaning as such term is defined in subdivision one of
section forty-four hundred one of the education law. Any person employed
as a school bus attendant serving a student or students with a
disability on January first, two thousand nine shall comply with the
requirements of this subdivision by July first, two thousand nine. Any
person hired after January first, two thousand nine shall complete such
training, instruction and testing prior to assuming his or her duties as
a school bus attendant serving a student or students with a disability.