Bill Text: NY A06840 | 2023-2024 | General Assembly | Introduced
Bill Title: Details the procedure that certain school districts must follow when dealing with disciplinary actions for bus drivers and bus drivers' assistants.
Spectrum: Slight Partisan Bill (Democrat 12-6)
Status: (Introduced) 2024-01-03 - referred to education [A06840 Detail]
Download: New_York-2023-A06840-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6840 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. BENEDETTO -- read once and referred 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 driver's 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 driver's 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. LBD10466-01-3A. 6840 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. Regarding any district wholly within 25 the counties of Westchester, Putnam, Nassau and Suffolk and with respect 26 to any contract entered into under this subdivision, such district shall 27 abide by the terms contained in any collectively bargained agreement 28 applicable to bus drivers and driver's assistants entered into by the 29 contracting entity governing disciplinary actions against bus drivers 30 and driver's assistants employed by such contracting entity prior to the 31 district imposing or implementing an adverse disciplinary action against 32 such driver or driver's assistant, unless the superintendent of the 33 district certifies that the act or omission of such driver or driver's 34 assistant, if true, constituted egregious misconduct that created a 35 clear and present danger to the safety and welfare of any child in his 36 or her care. When such a certification is made by a superintendent, and 37 notwithstanding procedures set forth in any contract regarding griev- 38 ances against a bus driver or driver's assistant, an expedited fact- 39 finding process shall be completed within five business days from the 40 day of the alleged wrongdoing by such bus driver or driver's assistant. 41 Any driver or driver's assistant who shall incur a diminution in wages 42 after the commencement of an expedited process authorized by this subdi- 43 vision, shall, if the superintendent determination is improper or if he 44 or she is exonerated of commission of the underlying wrongdoing, be 45 entitled to punitive damages in an amount to be determined by such 46 finder of fact. 47 § 3. Subdivision 12 of section 2503 of the education law, as amended 48 by chapter 171 of the laws of 1996, is amended to read as follows: 49 12. Shall provide by contract or otherwise for the transportation of 50 children to and from any school or institution of learning whenever in 51 its judgment such transportation is required because of the remoteness 52 of the school to the pupil or for the promotion of the best interests of 53 such children; and, in the case of an enlarged city school district, 54 shall provide such transportation to children residing outside the city 55 limits and may, in its discretion, provide transportation for children 56 residing within the city limits. Any such contract may be made for aA. 6840 3 1 period of not exceeding five years, notwithstanding any provision of any 2 charter or other provision of law inconsistent herewith, provided, that 3 any city school district wholly within the counties of Westchester, 4 Putnam, Nassau and Suffolk, if transportation is provided by such 5 district, pursuant to other provisions of this chapter such district 6 shall abide by the terms contained in any collectively bargained agree- 7 ment applicable to bus drivers and driver's assistants entered into by 8 the contracting entity governing disciplinary actions against bus driv- 9 ers and driver's assistants employed by such contracting entity prior to 10 the district imposing or implementing an adverse disciplinary action 11 against such driver or driver's assistant, unless the superintendent of 12 the district certifies that the act or omission of such driver or driv- 13 er's assistant, if true, constituted egregious misconduct that created a 14 clear and present danger to the safety and welfare of any child in his 15 or her care. When such a certification is made by a superintendent, and 16 notwithstanding procedures set forth in any contract regarding griev- 17 ances against a bus driver or driver's assistant, an expedited fact- 18 finding process shall be completed within five business days from the 19 day of the alleged wrongdoing by such bus driver or driver's assistant. 20 Any driver or driver's assistant who shall incur a diminution in wages 21 after the commencement of an expedited process authorized by this subdi- 22 vision, shall, if the superintendent determination is improper or if he 23 or she is exonerated of commission of the underlying wrongdoing, be 24 entitled to punitive damages in an amount to be determined by such 25 finder of fact. Provided further, that the cost of such transportation: 26 a. to and from schools within the school district for distances 27 greater than two or three miles, as applicable, and to and from schools 28 outside the district within the mileage limitations prescribed in para- 29 graph a of subdivision one of section thirty-six hundred thirty-five of 30 this chapter shall always be an ordinary contingent expense, and 31 b. for distances less than two or three miles, as applicable, or for 32 greater than fifteen miles to and from schools outside the district 33 shall be an ordinary contingent expense if: (i) such transportation was 34 provided during the preceding school year and the qualified voters have 35 not passed a special proposition constricting the mileage limitations 36 for the current school year from those in effect in the prior year, or 37 (ii) the qualified voters have passed a special proposition expanding 38 the mileage limitations in effect in the prior year. 39 § 4. Subdivision 19 of section 2554 of the education law, as renum- 40 bered by chapter 762 of the laws of 1950, is amended to read as follows: 41 19. To provide by contract for the transportation of children to and 42 from any school or institution of learning whenever in its judgment such 43 transportation is required because of the remoteness of the school to 44 the pupil or for the promotion of the best interests of such children. 45 Any such contract may be made for a period not exceeding five years, 46 notwithstanding any provision of any charter or other provision of law 47 inconsistent herewith, provided, that any city school district wholly 48 within the counties of Westchester, Putnam, Nassau and Suffolk, if 49 transportation is provided by such district, pursuant to other 50 provisions of this chapter such district shall abide by the terms 51 contained in any collectively bargained agreement applicable to bus 52 drivers and driver's assistants entered into by the contracting entity 53 governing disciplinary actions against bus drivers and driver's assist- 54 ants employed by such contracting entity prior to the district imposing 55 or implementing an adverse disciplinary action against such driver or 56 driver's assistant, unless the superintendent of the district certifiesA. 6840 4 1 that the act or omission of such driver or driver's assistant, if true, 2 constituted egregious misconduct that created a clear and present danger 3 to the safety and welfare of any child in his or her care. When such a 4 certification is made by a superintendent, and notwithstanding proce- 5 dures set forth in any contract regarding grievances against a bus driv- 6 er or driver's assistant, an expedited fact-finding process shall be 7 completed within five business days from the day of the alleged wrongdo- 8 ing by such bus driver or driver's assistant. Any driver or driver's 9 assistant who shall incur a diminution in wages after the commencement 10 of an expedited process authorized by this subdivision, shall, if the 11 superintendent determination is improper or if he or she is exonerated 12 of commission of the underlying wrongdoing, be entitled to punitive 13 damages in an amount to be determined by such finder of fact. 14 § 5. This act shall take effect immediately.
