S4317A-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• May 5, 2011: PRINT NUMBER 4317A
• May 5, 2011: AMEND (T) AND RECOMMIT TO EDUCATION
• Mar 29, 2011: REFERRED TO EDUCATION

S4317A-2011 Memo

BILL NUMBER:S4317

TITLE OF BILL:
An act
to amend the education law, in relation to contracts for the
transportation of pupils in common school districts and union free
school districts

PURPOSE:
This bill for the purposes of certain school districts transportation
contracts, makes school district subject to provisions of bus driver
labor agreement relating to discipline.

SUMMARY OF PROVISION:
Section one adds a new closing paragraph to subdivision 23 of section
1604 of the education law.

Section two adds a new closing paragraph to subdivision 27 of section
1709 of the education law.

JUSTIFICATION:
Current law requires school bus drivers and assistants to secure
special certification and licenses to convey school children to and
from school. Those directly employed by school districts have
statutory procedural protections against arbitrary and unfair
disciplinary actions against them. Many suburban and rural school
districts, however, contract out for transportation service;
therefore existing statutory procedural protections in such matters
are inapplicable. Employees of the transportation contractor of the
school district may have contractual protections covering
disciplinary actions, but the school district is not a party of that
contract. Hence the school district is able to undertake disciplinary
action against employees of its contractor, without abiding by
previously agreed to due process protections. This legislation does
not prevent the district from undertaking a disciplinary action; it
merely requires it to abide by the terms in an existing contract
between its transportation contractor and its employees.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4317A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4317--A
 2011-2012 Regular Sessions
 I N  SENATE
 March 29, 2011
 
 Introduced  by  Sen.  LANZA  -- 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 certain contracts
 regarding bus drivers and bus driver's assistants
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  23  of section 1604 of the education law, as
 amended by chapter 269 of the laws  of  1974,  is  amended  to  read  as
 follows:

 23.  To contract with any person, corporation or other school district
 for the conveyance of pupils residing within the district, when  author
 ized  to  do so under subdivision nineteen of section two thousand twen
 ty-one, by vote of the inhabitants of the district entitled to vote,  or
 to  contract  for the operation, maintenance and garaging of motor vehi
 cles owned by the district, in accordance  with  such  rules  and  regu
 lations  as such trustees may establish, consistent with the regulations
 of the  commissioner  of  education.  Upon  authorization  by  a  school
 district  meeting, every such contract of transportation may be made for
 a period not exceeding five years, notwithstanding any provision of  any
 other  law  inconsistent herewith.  WITH RESPECT TO ANY CONTRACT ENTERED
 INTO UNDER THIS SUBDIVISION, THE  DISTRICT  SHALL  ABIDE  BY  THE  TERMS
 CONTAINED  IN  ANY  COLLECTIVELY  BARGAINED  AGREEMENT APPLICABLE TO BUS
 DRIVERS AND DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING  ENTITY,
 GOVERNING  DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S ASSIST
 ANTS EMPLOYED BY SUCH CONTRACTING ENTITY, PRIOR TO THE DISTRICT IMPOSING
 OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST  SUCH  DRIVER  OR
 DRIVER'S ASSISTANT.
 

S  2.  Subdivision 27 of section 1709 of the education law, as amended
 by chapter 737 of the laws of 1992, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10530-02-1
 
       S. 4317--A                          2
 27. To contract with any person, corporation or other school  district
 for  the conveyance of pupils residing within the district, when author
 ized to do so under subdivision nineteen of section two  thousand  twen
 ty-one of this chapter, by vote of the inhabitants of the district enti
 tled to vote, or to contract for the operation, maintenance and garaging
 of  motor  vehicles owned by the district, in accordance with such rules
 and regulations as such board of  education  may  establish,  consistent
 with the regulations of the commissioner. Upon authorization by a school
 district  meeting, every such contract of transportation may be made for
 a period not exceeding five years, notwithstanding any provision of  any
 other  law  inconsistent herewith.  WITH RESPECT TO ANY CONTRACT ENTERED
 INTO UNDER THIS SUBDIVISION, THE  DISTRICT  SHALL  ABIDE  BY  THE  TERMS
 CONTAINED  IN  ANY  COLLECTIVELY  BARGAINED  AGREEMENT APPLICABLE TO BUS
 DRIVERS AND DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING  ENTITY,
 GOVERNING  DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S ASSIST
 ANTS EMPLOYED BY SUCH CONTRACTING ENTITY, PRIOR TO THE DISTRICT IMPOSING
 OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST  SUCH  DRIVER  OR
 DRIVER'S ASSISTANT.
 

S 3. This act shall take effect immediately.

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