Bill Text: NY S05707 | 2019-2020 | General Assembly | Amended


Bill Title: Details the procedure that districts must follow when dealing with disciplinary actions for bus drivers and bus drivers' assistants.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S05707 Detail]

Download: New_York-2019-S05707-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5707--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 13, 2019
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed 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:

     1    Section  1.  Subdivision  23  of section 1604 of the education law, as
     2  amended by chapter 269 of the laws  of  1974,  is  amended  to  read  as
     3  follows:
     4    23.  To contract with any person, corporation or other school district
     5  for the conveyance of pupils residing within the district, when  author-
     6  ized  to  do so under subdivision nineteen of section two thousand twen-
     7  ty-one of this chapter, by vote of the inhabitants of the district enti-
     8  tled to vote, or to contract for the operation, maintenance and garaging
     9  of motor vehicles owned by the district, in accordance with  such  rules
    10  and  regulations  as  such  trustees  may establish, consistent with the
    11  regulations of the commissioner [of education]. Upon authorization by  a
    12  school  district  meeting,  every such contract of transportation may be
    13  made  for  a  period  not  exceeding  five  years,  notwithstanding  any
    14  provision  of  any  other  law  inconsistent  herewith.    Regarding any
    15  district wholly within the counties of Westchester, Putnam,  Nassau  and
    16  Suffolk  and with respect to any contract entered into under this subdi-
    17  vision, such district shall abide by the terms contained in any  collec-
    18  tively  bargained  agreement  applicable  to  bus  drivers  and drivers'
    19  assistants entered into by the contracting entity governing disciplinary
    20  actions against bus drivers and drivers'  assistants  employed  by  such
    21  contracting  entity  prior  to  the district imposing or implementing an
    22  adverse disciplinary action against such driver or  drivers'  assistant,
    23  unless  the  superintendent  of  the  district certifies that the act or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11556-02-9

        S. 5707--A                          2

     1  omission of such driver or  driver's  assistant,  if  true,  constituted
     2  egregious  misconduct  that  created  a  clear and present danger to the
     3  safety and welfare of any child in his or her care. When such a  certif-
     4  ication  is made by a superintendent, and notwithstanding procedures set
     5  forth in any contract regarding grievances against a bus driver or driv-
     6  er's assistant, an expedited fact-finding  process  shall  be  completed
     7  within five business days from the day of the alleged wrongdoing by such
     8  bus  driver  or driver's assistant. Any driver or driver's assistant who
     9  shall incur a diminution in wages after the commencement of an expedited
    10  process authorized by this subdivision,  shall,  if  the  superintendent
    11  determination is improper or if he or she is exonerated of commission of
    12  the  underlying wrongdoing, be entitled to punitive damages in an amount
    13  to be determined by such finder of fact.
    14    § 2. Subdivision 27 of section 1709 of the education law,  as  amended
    15  by chapter 737 of the laws of 1992, is amended to read as follows:
    16    27.  To contract with any person, corporation or other school district
    17  for the conveyance of pupils residing within the district, when  author-
    18  ized  to  do so under subdivision nineteen of section two thousand twen-
    19  ty-one of this chapter, by vote of the inhabitants of the district enti-
    20  tled to vote, or to contract for the operation, maintenance and garaging
    21  of motor vehicles owned by the district, in accordance with  such  rules
    22  and  regulations  as  such  board of education may establish, consistent
    23  with the regulations of the commissioner. Upon authorization by a school
    24  district meeting, every such contract of transportation may be made  for
    25  a  period not exceeding five years, notwithstanding any provision of any
    26  other law inconsistent herewith.  Regarding any district  wholly  within
    27  the counties of Westchester, Putnam, Nassau and Suffolk and with respect
    28  to any contract entered into under this subdivision, such district shall
    29  abide  by  the  terms  contained in any collectively bargained agreement
    30  applicable to bus drivers and drivers' assistants entered  into  by  the
    31  contracting  entity  governing  disciplinary actions against bus drivers
    32  and drivers' assistants employed by such contracting entity prior to the
    33  district imposing or implementing an adverse disciplinary action against
    34  such driver or drivers' assistant,  unless  the  superintendent  of  the
    35  district  certifies  that the act or omission of such driver or driver's
    36  assistant, if true, constituted  egregious  misconduct  that  created  a
    37  clear  and  present danger to the safety and welfare of any child in his
    38  or her care. When such a certification is made by a superintendent,  and
    39  notwithstanding  procedures  set  forth in any contract regarding griev-
    40  ances against a bus driver or driver's  assistant,  an  expedited  fact-
    41  finding  process  shall  be completed within five business days from the
    42  day of the alleged wrongdoing by such bus driver or driver's  assistant.
    43  Any  driver  or driver's assistant who shall incur a diminution in wages
    44  after the commencement of an expedited process authorized by this subdi-
    45  vision, shall, if the superintendent determination is improper or if  he
    46  or  she  is  exonerated  of  commission of the underlying wrongdoing, be
    47  entitled to punitive damages in an  amount  to  be  determined  by  such
    48  finder of fact.
    49    §  3.  Subdivision 12 of section 2503 of the education law, as amended
    50  by chapter 171 of the laws of 1996, is amended to read as follows:
    51    12. Shall provide by contract or otherwise for the  transportation  of
    52  children  to  and from any school or institution of learning whenever in
    53  its judgment such transportation is required because of  the  remoteness
    54  of the school to the pupil or for the promotion of the best interests of
    55  such  children;  and,  in  the case of an enlarged city school district,
    56  shall provide such transportation to children residing outside the  city

        S. 5707--A                          3

     1  limits  and  may, in its discretion, provide transportation for children
     2  residing within the city limits.   Any such contract may be made  for  a
     3  period of not exceeding five years, notwithstanding any provision of any
     4  charter  or other provision of law inconsistent herewith, provided, that
     5  any city school district wholly  within  the  counties  of  Westchester,
     6  Putnam,  Nassau  and  Suffolk,  if  transportation  is  provided by such
     7  district, pursuant to other provisions of  this  chapter  such  district
     8  shall  abide by the terms contained in any collectively bargained agree-
     9  ment applicable to bus drivers and drivers' assistants entered  into  by
    10  the  contracting entity governing disciplinary actions against bus driv-
    11  ers and drivers' assistants employed by such contracting entity prior to
    12  the district imposing or implementing  an  adverse  disciplinary  action
    13  against  such driver or drivers' assistant, unless the superintendent of
    14  the district certifies that the act or omission of such driver or  driv-
    15  er's assistant, if true, constituted egregious misconduct that created a
    16  clear  and  present danger to the safety and welfare of any child in his
    17  or her care. When such a certification is made by a superintendent,  and
    18  notwithstanding  procedures  set  forth in any contract regarding griev-
    19  ances against a bus driver or driver's  assistant,  an  expedited  fact-
    20  finding  process  shall  be completed within five business days from the
    21  day of the alleged wrongdoing by such bus driver or driver's  assistant.
    22  Any  driver  or driver's assistant who shall incur a diminution in wages
    23  after the commencement of an expedited process authorized by this subdi-
    24  vision, shall, if the superintendent determination is improper or if  he
    25  or  she  is  exonerated  of  commission of the underlying wrongdoing, be
    26  entitled to punitive damages in an  amount  to  be  determined  by  such
    27  finder of fact. Provided further, that the cost of such transportation:
    28    a.    to  and  from  schools  within the school district for distances
    29  greater than two or three miles, as applicable, and to and from  schools
    30  outside  the district within the mileage limitations prescribed in para-
    31  graph a of subdivision one of section thirty-six hundred thirty-five  of
    32  this chapter shall always be an ordinary contingent expense, and
    33    b.  for  distances less than two or three miles, as applicable, or for
    34  greater than fifteen miles to and  from  schools  outside  the  district
    35  shall  be an ordinary contingent expense if: (i) such transportation was
    36  provided during the preceding school year and the qualified voters  have
    37  not  passed  a  special proposition constricting the mileage limitations
    38  for the current school year from those in effect in the prior  year,  or
    39  (ii)  the  qualified  voters have passed a special proposition expanding
    40  the mileage limitations in effect in the prior year.
    41    § 4. Subdivision 19 of section 2554 of the education  law,  as  renum-
    42  bered by chapter 762 of the laws of 1950, is amended to read as follows:
    43    19.  To  provide by contract for the transportation of children to and
    44  from any school or institution of learning whenever in its judgment such
    45  transportation is required because of the remoteness of  the  school  to
    46  the  pupil  or for the promotion of the best interests of such children.
    47  Any such contract may be made for a period  not  exceeding  five  years,
    48  notwithstanding  any  provision of any charter or other provision of law
    49  inconsistent herewith, provided, that any city  school  district  wholly
    50  within  the  counties  of  Westchester,  Putnam,  Nassau and Suffolk, if
    51  transportation  is  provided  by  such  district,  pursuant   to   other
    52  provisions  of  this  chapter  such  district  shall  abide by the terms
    53  contained in any collectively  bargained  agreement  applicable  to  bus
    54  drivers  and  drivers' assistants entered into by the contracting entity
    55  governing disciplinary actions against bus drivers and drivers'  assist-
    56  ants  employed by such contracting entity prior to the district imposing

        S. 5707--A                          4

     1  or implementing an adverse disciplinary action against  such  driver  or
     2  drivers'  assistant, unless the superintendent of the district certifies
     3  that the act or omission of such driver or drivers' assistant, if  true,
     4  constituted egregious misconduct that created a clear and present danger
     5  to  the  safety and welfare of any child in his or her care. When such a
     6  certification is made by a superintendent,  and  notwithstanding  proce-
     7  dures set forth in any contract regarding grievances against a bus driv-
     8  er  or  drivers'  assistant,  an expedited fact-finding process shall be
     9  completed within five business days from the day of the alleged wrongdo-
    10  ing by such bus driver or drivers' assistant.  Any  driver  or  drivers'
    11  assistant  who  shall incur a diminution in wages after the commencement
    12  of an expedited process authorized by this subdivision,  shall,  if  the
    13  superintendent  determination  is improper or if he or she is exonerated
    14  of commission of the underlying  wrongdoing,  be  entitled  to  punitive
    15  damages in an amount to be determined by such finder of fact.
    16    § 5. This act shall take effect immediately.
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