Requires comprehensive training for school bus drivers and school bus attendants for safe and appropriate transportation for children with disabilities

a) The commissioner in consultation with the state commission on quality care and advocacy for persons with disabilities, shall make rules and regulations requiring every school bus driver who has one or more students with a disability as passengers to receive comprehensive training and instruction relating to the understanding of special needs of such students. Training will provide school bus drivers and attendants with the knowledge, skills, and attitudes necessary to safely and appropriately transport and supervise a child with a disability as defined by the federal Individuals with Disabilities Education Act. The training will include at a minimum an introduction to the characteristics and needs of children and youth with a wide range of disabilities, and additional training modules will include disability awareness and sensitivity, effective strategies to promote positive behavior, and communication with parents. The training will take place one a year or more frequently as determined by the commissioner in consultation with the state comprehensive school bus driver safety training council.

b) Any school bus driver or attendant shall receive no less than ten hours of training to equip them to transport and supervise children with disabilities. Included in this time with be no fewer than two hours of positive behavior support, including bully prevention. Annually, such personal will receive four hours of in-service training which will include at least one hour on positive behavioral interventions support.

Section 2: Subdivision 2 of section 3650 of the education law, as amended by section 5 of part E of chapter 501 of the laws of 2012, is amended to read as follows: the language amended to this law is identical to the language amended in the law of Section 1 of the legislation.

Section 3: Section 3650 of the education law is amended by adding a new subdivision 3 to read as follows: Any person, firm or corporation who employs a school bus driver and fails to complete the training requirements set forth in this section

shall be subject to a fine of five thousand dollars for a first violation and ten thousand dollars for a second violation. A third violation of failing to complete the training requirements of this section shall be deemed a material breach of any contract for transportation services and such contract shall be deemed null and void. A school district may not enter into a contract, or extend an existing contract, for transportation services until the training requirements of this section are met.

Section 4: Subdivision 4 of section 1229-d of the vehicle and traffic law, as added by chapter 181 of the laws of 2007, is amended to read as follows:

a) The commissioner in consultation with the state commission on quality care and advocacy for persons with disabilities, shall make rules and regulations requiring every school bus attendant serving a student or students with a disability receive comprehensive training and instruction relating to the understanding and of and attention to the special needs of such students. Training will provide school bus drivers and attendants with the knowledge, skills, and attitudes necessary to safely and appropriately transport and supervise a child with a disability as defined by the federal Individuals with Disabilities Education Act. The training will include at a minimum an introduction to the characteristics and needs of children and youth with a wide range of disabilities, and additional training modules will include disability awareness and sensitivity, effective strategies to promote positive behavior, and communication with parents. For the purposes of this subdivision, the term "student with a disability" shall have the same meaning as such term is defined in subdivision one of section forty-four hundred one of the education law. The training and instruction required by this subdivision may be included with the training and instruction required pursuant to subdivision three of this section and shall be provided at least once per year or more frequently as determined by the commissioner in consultation with the state comprehensive school bus driver safety training council.

b) Any school bus driver or attendant shall receive no less than ten hours of training to equip them to transport and supervise children with disabilities. Included in this time with be no fewer than two hours of positive behavior support, including bully prevention. Annually, such personal will receive four hours of in-service training which will include at least one hour on positive behavioral interventions support.

Section 5: Subdivision 4 of section 1229-d of the vehicle and traffic law, as amended by section 6 of part 3 of chapter 501 of the laws of 2012 is amended to read as follows: the language amended to this law is identical to the language amended in the law of Section 4 of the legislation.

Section 6: Section 1229-d of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: the language amended to this law is identical to the language amended in the law of Section 3 of the legislation.

Section 7: Section 3635 of the education law is amended by adding a new subdivision 9 to read as follows: Any student with a disability who requires an independent education program which requires specialized transportation shall be separately transported.

Section 8: Amends paragraph (b) of subdivision 3 of section 236 of the family court act. Any such order shall further require that such transportation shall be provided within thirty days of the issuance of the order, and as part of a municipal cooperation agreement, 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 the to the extent authorized by paragraphs e and f of subdivision fourteen of section three hundred five of the education law. Buses and vehicles utilized in the performance of such contact shall meet the minimum requirements for school children as established by the commission of transportation. When, in the city of New York, the board of education or city school district awards a contract, the board or school district shall include employee protection provisions 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 contract with contracted parties, the preservation of wages, benefits, and seniority for such employees and other provisions related to hiring, compensation and retention of employees.

Section 9: Amends paragraph (a) of subdivision 14 of section 305 of the education law. All contracts for the transportation of school children, all contracts to maintain school buses, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by private food service companies shall be subject to approval of the commissioner, who may disapprove of the contract if, in his opinion, the best interests of the district will be promoted thereby. Except as provided for in the subdivision, all contracts involving an annual expenditure in excess of the amount specified for purchase contacts bidding in the general municipal law shall be awarded to the lowest responsible bidder, as determined by the board of education or the trustee of a district, with the power vest in the commissioner to reject any or all bids, if in his opinion, the best interests of the district will be promoted, and upon rejection, the commissioner shall order the board of education or trustee to consider new proposals. The language for the consideration shall be the same as the language used in section 8. All proposals for the aforementioned services shall be advertised in such as form as the commissioner may prescribe. Advertisements for bids shall be published in

newspaper of newspapers designated by the board of education or trustee of the district having general circulation within the district. Such advertisements shall contain a statement of the time and place where all bids received pursuant to the advertisement will be publicly opened and read by school authorities or a person designated by them. At least five days shall elapse between the publication of such advertisement and the reading of bids. The requirements of competitive bidding shall not apply to transportation for pupils, or mobile instructional units, if such award is based on an evaluation of proposals in response to a request for proposals. The requirement shall not apply to annual, biennial of triennial extensions of contract for shall they apply to quadrennial of quinquennial year extensions of contacts involving transportation of pupils, bus maintenance, or mobile instructional units secured through competitive bidding and evaluation of proposals in response to requests for proposals, when such extensions are made by the board of education or the trustee of a district, and do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced there under and in the case of transportation contracts, maintenance contracts, mobile instructional units, such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, to reject any extension of a contract beyond the initial term if he finds that he amount to be paid by the district in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers during the preceding twelve month period, and to reject any change in contract after ten years from the date such services were first provided, if in his opinion, the best interests of the district will be promoted hereby. Upon such rejection of a proposed extension, the commissioner may order the board or trustee of the district to seek out bids pursuant to the provisions of this section. The board of trustee electing to extend a contract, may increase the amount to be paid in each year of the contract, by no more than the regional consumer price index, during the preceding twelve month period, provided it has been established by the contractor there has been at least an equivalent increase in his cost of operation.

Section 10: Amends paragraph a of subdivision 14 of section 305 of the education law. All contracts for the transportation of school children, to maintain school buses, for mobile instructional units, and all contracts to maintain and operate cafeteria of restaurant shall be subject to the approval of the commissioner, who my disapprove. All such contracts involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the law shall be awarded to the lowest bidder, with power hereby vested in the commissioner to reject any or all bids, the commissioner shall order the board of education or trustee to seek new proposals. Provided, further, that all contracts for cities with a population of one million or more, shall include provisions

for employee protections, as enumerated in section nine. All proposals for advertisements, and the consideration of, shall be as enumerated in section nine. The requirement shall not apply to annual, biennial of triennial extensions of contract for shall they apply to quadrennial of quinquennial year extensions of contacts involving transportation of pupils, bus maintenance, or mobile instructional units secured through competitive bidding and evaluation of proposals in response to requests for proposals, when such extensions are made by the board of education or the trustee of a district, and do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced there under and in the case of transportation contracts, maintenance contracts, mobile instructional units, such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, to reject any extension of a contract beyond the initial term if he finds that he amount to be paid by the district in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers during the preceding twelve month period, and to reject any change in contract after ten years from the date such services were first provided, if in his opinion, the best interests of the district will be promoted hereby. Upon such rejection of a proposed extension, the commissioner may order the board or trustee of the district to seek out bids pursuant to the provisions of this section. The board of trustee electing to extend a contract, may increase the amount to be paid in each year of the contract, by no more than the regional consumer price index, during the preceding twelve month period, provided it has been established by the contractor there has been at least an equivalent increase in his cost of operation.

Section 11: This act shall take effect immediately.

Justification

The legislation addresses a crucial need in the treatment of students with disabilities in New York State by updating the training standards for both bus drivers and bus attendants. The updated training standards will allow the drivers and attendants to further their knowledge and understanding of the diversity of people with disabilities and their needs. Additionally, the bill includes another crucial component of a child with a disability's school experience: their parents. The training also ensures that the drivers and attendants will understand the various needs that the parents of these students have, and how better to address them and have a positive impact on their experience as well. This bill will also require the City of New York to include employee protection provisions in any contract issued for the transportation of school children. 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

New Bill

Fiscal implications for state and local governments

None.

Effective date

Immediately, with provisions.