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 4-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [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. LBD11556-02-9S. 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 cityS. 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 imposingS. 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.
