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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S05707 Detail]

Download: New_York-2019-S05707-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5707

                               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

        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
    24  omission  of  such  driver  or  driver's assistant, if true, constituted
    25  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.
                                                                   LBD11556-01-9
        S. 5707                             2

     1  safety  and welfare of any child in his or her care. When such a certif-
     2  ication is made by a superintendent, and notwithstanding procedures  set
     3  forth in any contract regarding grievances against a bus driver or driv-
     4  er's  assistant,  an  expedited  fact-finding process shall be completed
     5  within five business days from the day of the alleged wrongdoing by such
     6  bus driver or driver's assistant. Any driver or driver's  assistant  who
     7  shall incur a diminution in wages after the commencement of an expedited
     8  process  authorized  by  this  subdivision, shall, if the superintendent
     9  determination is improper or if he or she is exonerated of commission of
    10  the underlying wrongdoing, be entitled to punitive damages in an  amount
    11  to be determined by such finder of fact.
    12    §  2.  Subdivision 27 of section 1709 of the education law, as amended
    13  by chapter 737 of the laws of 1992, is amended to read as follows:
    14    27. To contract with any person, corporation or other school  district
    15  for  the conveyance of pupils residing within the district, when author-
    16  ized to do so under subdivision nineteen of section two  thousand  twen-
    17  ty-one of this chapter, by vote of the inhabitants of the district enti-
    18  tled to vote, or to contract for the operation, maintenance and garaging
    19  of  motor  vehicles owned by the district, in accordance with such rules
    20  and regulations as such board of  education  may  establish,  consistent
    21  with the regulations of the commissioner. Upon authorization by a school
    22  district  meeting, every such contract of transportation may be made for
    23  a period not exceeding five years, notwithstanding any provision of  any
    24  other  law  inconsistent herewith.  With respect to any contract entered
    25  into under this subdivision, such district  shall  abide  by  the  terms
    26  contained  in  any  collectively  bargained  agreement applicable to bus
    27  drivers and drivers' assistants entered into by the  contracting  entity
    28  governing  disciplinary actions against bus drivers and drivers' assist-
    29  ants employed by such contracting entity prior to the district  imposing
    30  or  implementing  an  adverse disciplinary action against such driver or
    31  drivers' assistant, unless the superintendent of the district  certifies
    32  that  the act or omission of such driver or driver's assistant, if true,
    33  constituted egregious misconduct that created a clear and present danger
    34  to the safety and welfare of any child in his or her care. When  such  a
    35  certification  is  made  by a superintendent, and notwithstanding proce-
    36  dures set forth in any contract regarding grievances against a bus driv-
    37  er or driver's assistant, an expedited  fact-finding  process  shall  be
    38  completed within five business days from the day of the alleged wrongdo-
    39  ing  by  such  bus  driver or driver's assistant. Any driver or driver's
    40  assistant who shall incur a diminution in wages after  the  commencement
    41  of  an  expedited  process authorized by this subdivision, shall, if the
    42  superintendent determination is improper or if he or she  is  exonerated
    43  of  commission  of  the  underlying  wrongdoing, be entitled to punitive
    44  damages in an amount to be determined by such finder of fact.
    45    § 3. Subdivision 12 of section 2503 of the education law,  as  amended
    46  by chapter 171 of the laws of 1996, is amended to read as follows:
    47    12.  Shall  provide by contract or otherwise for the transportation of
    48  children to and from any school or institution of learning  whenever  in
    49  its  judgment  such transportation is required because of the remoteness
    50  of the school to the pupil or for the promotion of the best interests of
    51  such children; and, in the case of an  enlarged  city  school  district,
    52  shall  provide such transportation to children residing outside the city
    53  limits and may, in its discretion, provide transportation  for  children
    54  residing  within  the city limits.   Any such contract may be made for a
    55  period of not exceeding five years, notwithstanding any provision of any
    56  charter or other provision of law inconsistent herewith, provided,  that
        S. 5707                             3

     1  any  city  school  district  wholly  within the counties of Westchester,
     2  Putnam, Nassau and  Suffolk,  if  transportation  is  provided  by  such
     3  district,  pursuant  to  other  provisions of this chapter such district
     4  shall  abide by the terms contained in any collectively bargained agree-
     5  ment applicable to bus drivers and drivers' assistants entered  into  by
     6  the  contracting entity governing disciplinary actions against bus driv-
     7  ers and drivers' assistants employed by such contracting entity prior to
     8  the district imposing or implementing  an  adverse  disciplinary  action
     9  against  such driver or drivers' assistant, unless the superintendent of
    10  the district certifies that the act or omission of such driver or  driv-
    11  er's assistant, if true, constituted egregious misconduct that created a
    12  clear  and  present danger to the safety and welfare of any child in his
    13  or her care. When such a certification is made by a superintendent,  and
    14  notwithstanding  procedures  set  forth in any contract regarding griev-
    15  ances against a bus driver or driver's  assistant,  an  expedited  fact-
    16  finding  process  shall  be completed within five business days from the
    17  day of the alleged wrongdoing by such bus driver or driver's  assistant.
    18  Any  driver  or driver's assistant who shall incur a diminution in wages
    19  after the commencement of an expedited process authorized by this subdi-
    20  vision, shall, if the superintendent determination is improper or if  he
    21  or  she  is  exonerated  of  commission of the underlying wrongdoing, be
    22  entitled to punitive damages in an  amount  to  be  determined  by  such
    23  finder of fact. Provided further, that the cost of such transportation:
    24    a.    to  and  from  schools  within the school district for distances
    25  greater than two or three miles, as applicable, and to and from  schools
    26  outside  the district within the mileage limitations prescribed in para-
    27  graph a of subdivision one of section thirty-six hundred thirty-five  of
    28  this chapter shall always be an ordinary contingent expense, and
    29    b.  for  distances less than two or three miles, as applicable, or for
    30  greater than fifteen miles to and  from  schools  outside  the  district
    31  shall  be an ordinary contingent expense if: (i) such transportation was
    32  provided during the preceding school year and the qualified voters  have
    33  not  passed  a  special proposition constricting the mileage limitations
    34  for the current school year from those in effect in the prior  year,  or
    35  (ii)  the  qualified  voters have passed a special proposition expanding
    36  the mileage limitations in effect in the prior year.
    37    § 4. Subdivision 19 of section 2554 of the education  law,  as  renum-
    38  bered by chapter 762 of the laws of 1950, is amended to read as follows:
    39    19.  To  provide by contract for the transportation of children to and
    40  from any school or institution of learning whenever in its judgment such
    41  transportation is required because of the remoteness of  the  school  to
    42  the  pupil  or for the promotion of the best interests of such children.
    43  Any such contract may be made for a period  not  exceeding  five  years,
    44  notwithstanding  any  provision of any charter or other provision of law
    45  inconsistent herewith, provided, that any city  school  district  wholly
    46  within  the  counties  of  Westchester,  Putnam,  Nassau and Suffolk, if
    47  transportation  is  provided  by  such  district,  pursuant   to   other
    48  provisions  of  this  chapter  such  district  shall  abide by the terms
    49  contained in any collectively  bargained  agreement  applicable  to  bus
    50  drivers  and  drivers' assistants entered into by the contracting entity
    51  governing disciplinary actions against bus drivers and drivers'  assist-
    52  ants  employed by such contracting entity prior to the district imposing
    53  or implementing an adverse disciplinary action against  such  driver  or
    54  drivers'  assistant, unless the superintendent of the district certifies
    55  that the act or omission of such driver or drivers' assistant, if  true,
    56  constituted egregious misconduct that created a clear and present danger
        S. 5707                             4

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