Relates to contracts for transportation of children in the county and city of New York.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
BILL NUMBER:S7189 REVISED 05/02/12
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 pre-kindergarten and early intervention children through a request for proposals process.
The references to the board of education of the city school district are to the definition included in section 2590-B(1) of the Education Law as amended by Chapter 91 of the Laws of 2002.
For many years the New York City Department of Transportation has procured and administered contracts for the transportation of pre-school 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.
A similar version of this legislation was passed by both houses of the legislature in 2011 and subsequently vetoed by the Governor. A3127-A of 2011 was designed to allow the DOE to award these contracts through a request for proposal process and would have required the RFP's to include certain employee protection provisions.
This bill removes the employee protection provisions requirement and would simply allow the DOE to award these contracts through a request for proposal process. Currently, these contracts are awarded through a request for bid process.
Similar to S.1368-A of 2011
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
STATE OF NEW YORK ________________________________________________________________________ 7189 IN SENATE May 1, 2012 ___________Introduced by Sens. DILAN, FUSCHILLO -- 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 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15545-01-2