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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S1368-2011 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

S1368-2011 Meetings

Judiciary: Mar 1, 2011

S1368-2011 Votes

S1368-2011 Memo

BILL NUMBER:S1368

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.

S1368-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1368

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Judiciary

  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
  IN  THE CITY OF NEW YORK, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,
  SPECIAL OR LOCAL LAW OR CHARTER, AS PART OF A CONTRACT AWARDED  PURSUANT
  TO  AN  EVALUATION  OF  PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR
  PROPOSALS PREPARED BY SUCH CITY OR BY THE CHANCELLOR OF THE CITY  SCHOOL
  DISTRICT  OF  SUCH  CITY,    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 transporta-
  tion. WHEN, IN THE CITY OF NEW YORK, THE BOARD OF EDUCATION OR THE  CITY
  SCHOOL DISTRICT AWARDS A CONTRACT OR CONTRACTS FOR TRANSPORTATION PURSU-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02932-01-1

 S. 1368                             2

  ANT TO AN EVALUATION OF PROPOSALS SUBMITTED IN RESPONSE TO A REQUEST FOR
  PROPOSALS,  THE  BOARD  OR  CITY  SCHOOL DISTRICT 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 PERFORM-
  ING  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 AND IN THE AWARDED CONTRACT.
    S 2. This act shall take effect immediately.