What's happening
This bill requires school districts to follow existing union agreements regarding disciplinary actions for bus drivers and assistants in transportation contracts.
Why it matters
Ensures consistency and fairness for school bus drivers and assistants. by requiring districts to honor existing union contracts regarding disciplinary procedures, even when transportation is outsourced—meaning workers maintain agreed-upon protections regardless of employer.
Limits districts’ ability to unilaterally discipline or terminate bus staff. by tying their actions to the terms negotiated in collective bargaining agreements, which can provide due process and grievance rights for employees.
May impact costs and contract negotiations. for school districts and transportation companies, as districts must now carefully review and potentially adhere to union terms before taking disciplinary action, potentially increasing legal or administrative steps.
Strengthens the bargaining power of unions representing bus drivers and assistants,. as their negotiated protections carry over even when districts contract out transportation services, potentially deterring efforts to bypass union provisions through outsourcing.
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Who cares
Headline styles
Protect Bus Drivers' Rights
Plain English, a few words. Used as the page title.
Sponsors
19 Co-sponsors
2 Multi-sponsors
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Bus Driver Contracts
In Senate Committee · Education · Sponsor Andrew J. Lanza
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5782
2017-2018 Regular Sessions
IN ASSEMBLY
February 15, 2017
Introduced by M. of A. NOLAN, O'DONNELL, TITONE, MAYER, PICHARDO, COLTON, TITUS, RODRIGUEZ, JOYNER, SEPULVEDA, ROSENTHAL -- Multi-Sponsored by -- M. of A. CRESPO -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to certain contracts regarding bus drivers and bus drivers' assistants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 23 of section 1604 of the education law, as amended by chapter 269 of the laws of 1974, is amended to read as follows:
23. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when authorized to do so under subdivision nineteen of section two thousand twenty-one of this chapter, by vote of the inhabitants of the district entitled to vote, or to contract for the operation, maintenance and garaging of motor vehicles owned by the district, in accordance with such rules and regulations as such trustees may establish, consistent with the regulations of the commissioner of education. Upon authorization by a school district meeting, every such contract of transportation may be made for a period not exceeding five years, notwithstanding any provision of any other law inconsistent herewith. With respect to any contract entered into under this subdivision, the district shall abide by the terms contained in any collectively bargained agreement applicable to bus drivers and drivers' assistants entered into by the contracting entity governing disciplinary actions against bus drivers and drivers' assistants employed by such contracting entity prior to the district imposing or implementing an adverse disciplinary action against such driver or drivers' assistant.
§ 2. Subdivision 27 of section 1709 of the education law, as amended by chapter 737 of the laws of 1992, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09864-01-7
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27. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when authorized to do so under subdivision nineteen of section two thousand twenty-one of this chapter, by vote of the inhabitants of the district entitled to vote, or to contract for the operation, maintenance and garaging of motor vehicles owned by the district, in accordance with such rules and regulations as such board of education may establish, consistent with the regulations of the commissioner. Upon authorization by a school district meeting, every such contract of transportation may be made for a period not exceeding five years, notwithstanding any provision of any other law inconsistent herewith. With respect to any contract entered into under this subdivision, the district shall abide by the terms contained in any collectively bargained agreement applicable to bus drivers and drivers' assistants entered into by the contracting entity governing disciplinary actions against bus drivers and drivers' assistants employed by such contracting entity, prior to the district imposing or implementing an adverse disciplinary action against such driver or drivers' assistant.
§ 3. Subdivision 12 of section 2503 of the education law, as amended by chapter 171 of the laws of 1996, is amended to read as follows:
12. Shall provide by contract or otherwise for the transportation of children to and from any school or institution of learning whenever in its judgment such transportation is required because of the remoteness of the school to the pupil or for the promotion of the best interests of such children; and, in the case of an enlarged city school district, shall provide such transportation to children residing outside the city limits and may, in its discretion, provide transportation for children residing within the city limits. Any such contract may be made for a period of not exceeding five years, notwithstanding any provision of any charter or other provision of law inconsistent herewith, provided, that for the city school district of the city of White Plains, if transportation is provided by such district, pursuant to other provisions of this chapter, the district shall abide by the terms contained in any collectively bargained agreement applicable to bus drivers and drivers' assistants entered into by the contracting entity governing disciplinary actions against bus drivers and drivers' assistants employed by such contracting entity, prior to the district imposing or implementing an adverse disciplinary action against such driver or drivers' assistant. Provided further that the cost of such transportation:
a. to and from schools within the school district for distances greater than two or three miles, as applicable, and to and from schools outside the district within the mileage limitations prescribed in paragraph a of subdivision one of section thirty-six hundred thirty-five of this chapter shall always be an ordinary contingent expense, and
b. for distances less than two or three miles, as applicable, or for greater than fifteen miles to and from schools outside the district shall be an ordinary contingent expense if: (i) such transportation was provided during the preceding school year and the qualified voters have not passed a special proposition constricting the mileage limitations for the current school year from those in effect in the prior year, or (ii) the qualified voters have passed a special proposition expanding the mileage limitations in effect in the prior year.
§ 4. Subdivision 19 of section 2554 of the education law, as renumbered by chapter 762 of the laws of 1950, is amended to read as follows:
19. To provide by contract for the transportation of children to and from any school or institution of learning whenever in its judgment such
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transportation is required because of the remoteness of the school to the pupil or for the promotion of the best interests of such children. Any such contract may be made for a period not exceeding five years, notwithstanding any provision of any charter or other provision of law inconsistent herewith, provided, that for the city school district of the city of Yonkers, if transportation is provided by such district, pursuant to other provisions of this chapter, the district shall abide by the terms contained in any collectively bargained agreement applicable to bus drivers and drivers' assistants entered into by the contracting entity governing disciplinary actions against bus drivers and drivers' assistants employed by such contracting entity, prior to the district imposing or implementing an adverse disciplinary action against such driver or drivers' assistant.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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