S286-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Mar 29, 2011: DEFEATED IN EDUCATION
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO EDUCATION

S286-2011 Meetings

S286-2011 Votes

S286-2011 Memo

BILL NUMBER:S286

TITLE OF BILL:            REVISED 12/20/11
An act
to amend the education law and the vehicle and traffic
law, in relation to providing for the installation and
use of video monitoring systems on school buses

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends the Education Law by adding a new section 3624-a.
Provides that the Commissioner of Education (in consultation with the
Department of Transportation) shall promulgate regulations requiring
each school bus used to transport students to be equipped with a
video monitoring system. Requires districts to establish policies on
the use of such systems, linking them to the district's code of
conduct and policies on discipline and vehicle operation. Provides
for notification to students and drivers that videotaping may occur
and for storage and review of such videotape by district staff.

Section 2 Amends section 3621 of the Education Law by adding a new
subdivision 13-a.
Defines "school bus video monitoring system."

Section 3 Amends section 3623-a(2)(c) of the Education Law. Includes
the purchase and installation of school bus video monitoring systems
as a proper school district expense.

Section 4 Amends section 375 of the Vehicle & Traffic Law by adding a
new subdivision 21j. Authorizes the Commissioner of Transportation to
adopt any necessary conforming regulations for the use of school bus
video monitoring systems on school buses.

Section 5 - Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
Due to the increasing number of incidents occurring on our school
buses, including violent activities and actions that endanger
passengers and drivers, there is a need to provide additional
measures to permit behavior on buses to be monitored, evall1ated and
responded to on a timely basis. video monitoring will greatly assist
school districts in providing a clear understanding of conduct in
such cases.

PRIOR LEGISLATIVE HISTORY:
2011:    S.289  - Defeated in Education/A.1109 - Referred to
         Education
2009-10: S.3151 - Referred to Education/A.8846 Referred to Education
2007-08: S.4069 - Referred to Education
2007-08: S.4157E - Passed Senate/A.3432E - Reported Referred to
         Ways and Means

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
The 120th day after becoming law, provided that the Commissioner of
Education is authorized to promulgate implementing regulations on or
before such a date.

S286-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          286
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to amend the education law and the vehicle and  traffic  law,  in
 relation to providing for the installation and use of video monitoring
 systems on school buses
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The education law is amended by adding a new section 3624-a
 to read as follows:

 

S 3624-A. SCHOOL BUS VIDEO MONITORING SYSTEMS. 1. THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION,  SHALL  PROMULGATE
 RULES  AND  REGULATIONS TO REQUIRE THE BOARD OF EDUCATION OR TRUSTEES OF
 EVERY SCHOOL DISTRICT IN THE STATE TO PROVIDE FOR THE  INSTALLATION  AND
 USE  OF  ONE  OR MORE SCHOOL BUS VIDEO MONITORING SYSTEMS, AS DEFINED IN
 SUBDIVISION THIRTEEN-A OF SECTION THIRTY-SIX HUNDRED TWENTY-ONE OF  THIS
 ARTICLE,  ON  EVERY  SCHOOL  BUS,  AS DEFINED IN SUBDIVISION SIX OF SUCH
 SECTION, THAT IS PURCHASED, LEASED,  CONTRACTED  FOR  OR  USED  FOR  THE
 TRANSPORTATION  OF ENROLLED PUPILS FOR ANY REASON BY SUCH DISTRICT OR BY
 A SCHOOL WITHIN THE DISTRICT. THE  COMMISSIONER  OF  TRANSPORTATION,  IN
 CONSULTATION  WITH  THE  COMMISSIONER,  SHALL  AMEND THE RULES AND REGU
 LATIONS PROMULGATED PURSUANT TO SECTION THIRTY-SIX HUNDRED  TWENTY-THREE
 OF  THIS  ARTICLE, TO REQUIRE THAT EVERY SCHOOL BUS BE EQUIPPED WITH ONE
 OR MORE SCHOOL BUS VIDEO  MONITORING  SYSTEMS  IN  ACCORDANCE  WITH  THE
 REQUIREMENTS OF SUBDIVISION TWENTY-ONE-J OF SECTION THREE HUNDRED SEVEN
 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW AND THIS SECTION.
 2.  THE  COMMISSIONER'S  RULES  AND  REGULATIONS  SHALL REQUIRE SCHOOL
 DISTRICTS TO PROMULGATE, COMMUNICATE AND ENFORCE POLICIES AND PROCEDURES
 TO BE FOLLOWED WHEN USING ON-BOARD VIDEO MONITORING SYSTEMS. SUCH  POLI
 CIES  AND PROCEDURES SHALL INCLUDE AT A MINIMUM, AND SHALL BE CONSISTENT
 WITH, THE FOLLOWING REQUIREMENTS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02587-01-1
 
       S. 286                              2
 A. VIDEO CAMERAS ON SCHOOL BUSES SHALL BE USED ONLY AS AN AID TO MONI
 TOR ON-BOARD ACTIVITIES. THESE  DEVICES  SHALL  NOT  REPLACE  DISCIPLINE
 POLICY,  THE  AUTHORITY  OF  THE DRIVER, OR THE RESPONSIBILITY OF SCHOOL
 OFFICIALS. THE CODE OF CONDUCT FOR PUPIL BEHAVIOR  ON  SCHOOL  PROPERTY,
 ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, AS
 IT  RELATES  TO  CONDUCT ON SCHOOL BUSES, AND ALL OTHER SAFE-DRIVING AND
 SAFE-RIDING RULES, REGULATIONS, POLICIES AND PROCEDURES OF THE  DISTRICT
 OR  REQUIRED  BY LAW OR BY THE COMMISSIONER CONSISTENT WITH LAW SHALL BE
 ENFORCED ON SCHOOL BUSES WHETHER OR NOT PUPILS ARE BEING TRANSPORTED  ON
 SUCH BUSES AT THE TIME CONDUCT BY A SCHOOL BUS DRIVER OR PASSENGER WHILE
 ON-BOARD THE BUS IS OBSERVED.
 B.  ALL  PUPILS AND ALL SCHOOL BUS DRIVERS SHALL BE NOTIFIED THAT THEY
 ARE SUBJECT TO BEING VIDEOTAPED ON  A  SCHOOL  BUS  AT  ANY  TIME.  SUCH
 NOTIFICATION  SHALL BE MADE BY THE SCHOOL TO THE PARENTS OF ALL ENROLLED
 PUPILS. PRIOR TO ACTUAL VIDEOTAPING, DRIVERS, PARENTS AND  PUPILS  SHALL
 BE  ADVISED  WHAT DRIVER CONDUCT AND WHAT PUPIL CONDUCT IS PROHIBITED BY
 THE STATE AND BY THE DISTRICT AND THAT SUCH CONDUCT WILL RESULT IN SPEC
 IFIED DISCIPLINARY CONSEQUENCES AS DEFINED IN THE ESTABLISHED DISCIPLINE
 POLICY. ACTUAL VIDEOTAPING SHALL BE BY MEANS OF SIMULTANEOUS  AUDIO  AND
 VIDEO RECORDING.
 C.  REGULAR  AND  PERIODIC  NOTIFICATIONS  REGARDING  VIDEOTAPING MUST
 OCCUR, ADDRESSING THE PURPOSE AND USE OF VIDEO EQUIPMENT  AND  THE  NEED
 FOR  PERSONAL  AWARENESS  OF SAFETY ISSUES. THESE NOTIFICATIONS SHALL BE
 MADE TO GUARD AGAINST A FALSE SENSE OF SECURITY. THE USE OF NEWSLETTERS,
 PUPIL HANDOUTS, AND NOTICES POSTED WITHIN THE BUS SHALL CONSTITUTE MEANS
 OF FULFILLING THIS REQUIREMENT.
 D. AFTER VIDEOTAPING HAS BEEN CONDUCTED, THE TAPES SHALL BE STORED  IN
 A  SECURE  LOCATION  FOR A PERIOD OF TIME DESIGNATED BY DISTRICT POLICY,
 EXCEPT THAT A SPECIFIC TAPE MAY BE REMOVED  FROM  STORAGE  FOR  PLAYBACK
 WHENEVER IT IS NEEDED IN AN ONGOING LEGAL ACTION OR PROCEEDING.
 E.  THE  BOARD OF EDUCATION OR TRUSTEES OF EVERY SCHOOL DISTRICT SHALL
 DESIGNATE ONE OR MORE PERSONNEL EMPLOYED BY THE  DISTRICT  OR  BY  EVERY
 SCHOOL WITHIN THE DISTRICT TO PERIODICALLY REVIEW VIDEOTAPES ON A RANDOM
 BASIS  TO  ENSURE  PROPER  DRIVER AND PUPIL CONDUCT. IF NO MISCONDUCT OR
 SAFETY-RELATED INCIDENTS ARE REPORTED WITHIN A  PERIOD  DEFINED  BY  THE
 POLICY OF THE DISTRICT, THE TAPES MAY BE RECYCLED FOR FUTURE USE. HOWEV
 ER,  IF  MISCONDUCT  OR SAFETY-RELATED INCIDENTS ARE REPORTED, OR IF ANY
 SUCH INCIDENT IS VIEWED DURING THE RANDOM SELECTION PROCESS,  THE  TAPES
 SHALL  BE STORED UNTIL FINAL RESOLUTION OR UNTIL SUCH TIME AS ANY ADMIN
 ISTRATIVE APPEAL OR LEGAL ACTION OR PROCEEDING IS CONCLUDED.
 

S 2.

Section 3621 of the education law is  amended  by  adding  a  new
 subdivision 13-a to read as follows:

 13-A.  SCHOOL  BUS VIDEO MONITORING SYSTEM. THE TERM "SCHOOL BUS VIDEO
 MONITORING SYSTEM" MEANS ONE OR MORE ELECTRONIC DEVICES CONSISTING OF AT
 LEAST A VIDEO CAMERA AND  MICROPHONE  AND  VIDEOTAPING  AND  AUDIOTAPING
 EQUIPMENT,  INSTALLED  ON  A  SCHOOL  BUS  AND  CAPABLE OF RECORDING THE
 CONDUCT AND MOVEMENT OF PERSONS WITHIN THE DRIVER AND PASSENGER COMPART
 MENTS OF THE BUS.
 

S 3. Paragraph c of subdivision 2 of section 3623-a of  the  education
 law,  as  amended by chapter 453 of the laws of 2005, is amended to read
 as follows:

 c. The purchase of equipment deemed a proper school district  expense,
 including:  (i) the purchase of two-way radios to be used on old and new
 school buses, (ii) the purchase of stop-arms, to be used on old and  new
 school  buses,  (iii) the purchase and installation of seat safety belts
 on school buses in accordance with the provisions of section  thirty-six
 
       S. 286                              3
 hundred  thirty-five-a  of this article, (iv) the purchase of school bus
 back up beepers, (v) the purchase of school  bus  front  crossing  arms,
 (vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) THE
 PURCHASE  AND  INSTALLATION  OF  SCHOOL  BUS VIDEO MONITORING SYSTEMS ON
 SCHOOL BUSES IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION  THIRTY-SIX
 HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, (VIII) the purchase and installa
 tion  of  exterior reflective marking on school buses, [(viii)] (IX) the
 purchase of automatic engine fire extinguishing systems for school buses
 used to transport students who use wheelchairs or other assistive mobil
 ity  devices,  and  [(ix)]  (X)  the  purchase  of  other  equipment  as
 prescribed in the regulations of the commissioner; and
 

S 4.

Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 21-j to read as follows:

 21-J.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 TRANSPORTATION, SHALL PROMULGATE RULES AND REGULATIONS FOR  THE  USE  OF
 SCHOOL BUS VIDEO MONITORING SYSTEMS ON SCHOOL BUSES.
 

S 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided, however, that effective immediate
 ly,  the  addition,  amendment and/or repeal of any rules or regulations
 necessary for the implementation of the foregoing sections of  this  act
 on  the effective date of this act is authorized and directed to be made
 and completed on or before such effective date.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!