Relates to contracts for transportation of children; requires that in New York city that the board of education or the city school district awards a contract or contracts for transportation pursuant to an evaluation of proposals submitted in response to a request for proposals, there shall be employee protection provisions rationally relating to the promotion of a pool of qualified workers and the avoidance of labor disputes; makes related provisions.
Law Section: Family Court Act
Law: Amd S236, Fam Ct Act
Law Section: Family Court Act
Law: Amd S236, Fam Ct Act
- Jun 20, 2011: SUBSTITUTED BY A3127A
- Jun 20, 2011: ORDERED TO THIRD READING CAL.1417
- Jun 20, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
- May 5, 2011: PRINT NUMBER 1368A
- May 5, 2011: AMEND AND RECOMMIT TO FINANCE
- Mar 1, 2011: REPORTED AND COMMITTED TO FINANCE
- Jan 6, 2011: REFERRED TO JUDICIARY
S1368A-2011 MeetingsRules: Jun 24, 2011
VOTE: COMMITTEE VOTE: - Judiciary - Mar 1, 2011
VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2011
BILL NUMBER:S1368A TITLE OF BILL: An act to amend the family court act, in relation to contracts for the transportation of children SUMMARY OF PROVISIONS OF BILL: This proposal amends Section 236 of the Family Court Act to enable the City of New York to award contracts for transportation of prekindergarten and early intervention children through a request for proposals process and to require consideration of requirements relating to the employment, compensation, hiring, and retention of employees when evaluating such proposals. The references to the board of education of the city school district are to the definition included section 2590-B(1) of the Education Law as amended by Chapter 91 of the Laws of 2002. JUSTIFICATION: For many years the New York city Department of Transportation has procured and administered contracts for the transportation of preschool special education children and developmentally delayed infants and toddlers under the Early Intervention program. Several years ago, the City made the determination to move these contracts to the Board of Education of the City School District of the city of New York (known in the city as the Department of Education or DOE), which already provides transportation to a much larger student population. The transfer was made to draw on DOE's expertise in this area, thereby enhancing the performance of this critical function. This proposal facilitated the unification of bus service under one department. This bill will allow DOE to award these contracts through a request for proposals and to require contractors to accept requirements for the protection of bus company employees. Including these requirements in the RFP's will ensure stability in the provision of services to vulnerable children by an industry that faces a growing demand for qualified drivers and other employees. Companies have had a hard time recruiting qualified drivers, and to a certain extent, escorts or attendants. Requiring the inclusion of employee protection provisions in these transportation contracts will safeguard the children by helping to ensure retention of an experienced pool of drivers and other employees by protecting the wages and benefits of such employees. LEGISLATIVE HISTORY: 2009-10 - S.4625/A.8102 - Passed Senate FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There is minimal fiscal impact to the Local government for this legislation. The New York City Department of Education has routinely included these provisions in their bus contracts for the transportation of school children since 1979. This legislation would merely codify this existing practice for pre-K and early intervention bus contracts, which were transferred to the jurisdiction of the New York City Department of Education in 2006. EFFECTIVE DATE: Immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 1368--A 2011-2012 Regular Sessions I N SENATE January 6, 2011 ___________ Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act, in relation to contracts for the transportation of children THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 236 of the family court act, as amended by chapter 705 of the laws of 1992, is amended to read as follows:
3. (a) Every such order for services to be provided after September first, nineteen hundred eighty-six which provides for the transportation of a child shall further require that such transportation shall be provided by the county or the city of New York, as the case may be, and, that the city of New York may delegate the authority to provide such transportation to the board of education OR THE CITY SCHOOL DISTRICT of such city. (b) Such order shall further require that such transportation shall be provided within thirty days of the issuance of such order, and, shall be provided as part of a municipal cooperation agreement [
or], as part of a contract awarded to the lowest responsible bidder in accordance with the provisions of section one hundred three of the general municipal law, OR AS PART OF A CONTRACT AWARDED PURSUANT TO AN EVALUATION OF PROPOSALS TO THE EXTENT AUTHORIZED BY PARAGRAPHS E AND F OF SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW AND OTHERWISE CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION, and that buses and vehicles utilized in the performance of such contract shall meet the minimum requirements for school age children as established by the commissioner of transportation. ANY CONTRACT OR CONTRACTS FOR TRANSPORTATION PURSU- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02932-03-1 S. 1368--A 2 ANT TO THIS SUBDIVISION APPROVED BY THE BOARD OF EDUCATION OR CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK PURSUANT TO AN EVAL- UATION OF PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR PROPOSAL SHALL INCLUDE EMPLOYEE PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL OF QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORMING WORK FOR EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR THE CITY SCHOOL DISTRICT, THE PRESERVATION OF WAGES, BENEFITS, AND SENIORITY FOR SUCH EMPLOYEES, AND OTHER PROVISIONS RELATING TO THE HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES, IN THE REQUEST FOR PROPOSALS FOR SUCH CONTRACT OR CONTRACTS AND IN THE AWARDED CONTRACT. S 2. This act shall take effect immediately.