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- Referred to rules
Companion bill
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Relates to contracts for the transportation of school children
In Assembly Committee · Education · Sponsor Daniel O'Donnell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7899
Title of bill
An act to amend the education law, in relation to contracts for the transportation of school children
Summary of provisions
Section one of this bill amends paragraph a of subdivision 14 of section 305 of the Education Law to require that either (i) the New York City Department of Education (NYC DOE) include in its contracts for school bus transportation for children in grades kindergarten through 12 provisions for the retention or preference in hiring and the preserva- tion of levels of wages, health and retirement benefits and seniority of employees who perform or performed work for employers party to such contracts, in connection with such contracts; or (ii) the Chancellor of the NYC DOE promulgate regulations requiring the protections described above.
Section two would require that this bill take effect immediately.
Purpose
This proposal will allow NYC DOE to protect the experienced workforce in the kindergarten through 12 sector, whose employers' contracts had included EPPs until recently, from facing layoffs and drastic wage reductions.
JUSTIFICATION:.
For three decades beginning in 1979, NYC DOE contracts (including contract extensions) for the transportation of children in grades kindergarten through 12 included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers' loss of NYC DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unem- ployed.
Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al., NYC DOE did not include EPPs or similar provisions regarding job retention or compensation stability in solicitations for its school bus contracts for children in grades kindergarten through 12, which had included such provisions in its kindergarten through 12 bus contracts for over 30 years. (In contrast, bus contracts for children in pre-kin- dergarten and Early Intervention have never included such protections.) This proposal would require NYC DOE to include provisions relating to the retention or preference in hiring, the preservation of levels of wages, health and retirement benefits, and seniority of employees who perform or performed work for employers party to NYC DOE's contracts for
school bus transportation for children in grades kindergarten through 12 in solicitations for such contracts. In the alternative, the bill requires the NYC DOE Chancellor to promulgate regulations requiring the same protections. This proposal does not apply to transportation contracts for pre kindergarten and Early Intervention children.
Legislative history
New legislation
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.