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.

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S1368A-2011 Actions

• 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 Meetings

Rules: Jun 24, 2011

S1368A-2011 Votes

S1368A-2011 Memo

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.

S1368A-2011 Text

                      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.