What's happening
This bill establishes new disqualification rules for school bus monitors and drivers based on certain criminal convictions, with specific waiver provisions.
Why it matters
Expands and clarifies background check requirements for school bus monitors, not just drivers, including mandatory fingerprinting and criminal history checks. This increases the scrutiny on all adults responsible for student safety on school buses.
Establishes multiple tiers of criminal offenses that can lead to either permanent or temporary disqualification from working as a bus monitor or driver. The law distinguishes between more and less serious offenses, with some leading to lifetime bans and others to five-year prohibitions.
Creates a path for individuals with certain convictions to regain eligibility through specific rehabilitative steps. If five years have passed since incarceration and the candidate obtains a certificate of relief from disabilities or good conduct (with a court’s explicit consideration of their fitness for the job), the disqualification can be waived, demonstrating a balance between public safety and rehabilitation.
Explicitly links disqualifications to the nature of the crime and its relevance to child safety. Courts must specifically consider whether an individual’s past conviction would impact their ability to monitor and ensure the safety of children, adding a layer of individualized review rather than blanket bans.
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Who cares
Headline styles
Bar Unfit Bus Drivers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
2 Co-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.
Ban Unfit Bus Drivers
In Assembly Committee · Education · Sponsor J. Gary Pretlow
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2049
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sens. BONACIC, AVELLA, LANZA -- 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 disqualification of persons employed as school bus monitors and bus drivers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 3635-d to read as follows:
§ 3635-d. Disqualification of school bus monitors. 1. A person shall be disqualified from acting as a school bus monitor as follows:
(a) permanently, if that person has been convicted of an offense listed in paragraph (a) of subdivision four of section five hundred nine-cc of the vehicle and traffic law. However, such disqualification may be waived by the commissioner provided that five years have expired since the applicant was discharged or released from a sentence of imprisonment imposed pursuant to conviction of an offense that requires disqualification under this paragraph and that the applicant shall have been granted a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law. When the certificate is issued by a court for a conviction which occurred in this state, it shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on the applicant's fitness to monitor and ensure the safety of children riding on a school bus, prior to granting such a certificate;
(b) permanently, if that person has been convicted of an offense listed in paragraph (b) of subdivision four of section five hundred nine-cc of the vehicle and traffic law. However, such disqualification shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04126-01-7
S. 2049 2
waived provided that five years have expired since the applicant was incarcerated pursuant to a sentence of imprisonment imposed on conviction of an offense that requires disqualification under this paragraph and that the applicant shall have been granted a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law. When the certificate is issued by a court for a conviction which occurred in this state, it shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on the applicant's fitness to monitor and ensure the safety of children riding on a school bus, prior to granting such a certificate. Provided, however, that at the discretion of the commissioner the certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law may remove disqualification at any time;
(c) for a period of five years from the date of last conviction specified herein, if that person has been convicted within the preceding five years of an offense listed in paragraph (c) of subdivision four of section five hundred nine-cc of the vehicle and traffic law. Such disqualification shall be waived provided that the applicant has been granted a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law. When the certificate is issued by a court for a conviction which occurred in this state, it shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on the applicant's fitness to monitor and ensure the safety of children riding on a school bus, prior to granting such a certificate; and
(d) for a period of five years from the date of last conviction specified herein, if that person has been convicted within the preceding five years of a violation of section 120.04, 120.04-a, 125.13, 125.14 or 235.07 of the penal law.
For the purposes of this subdivision a school bus monitor shall be defined as any adult employed by a school district or a private entity to ride on a school bus for the purpose of ensuring the safety of its passengers or for monitoring the conduct of the bus passengers.
2. As a part of such determination concerning whether an individual is disqualified from acting as a school bus monitor pursuant to this section, the department shall submit a prospective monitor's fingerprints to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of this chapter, and may submit such fingerprints to the federal bureau of investigation for a national criminal history record check.
§ 2. Subdivision 1 of section 509-cc of the vehicle and traffic law is amended by adding a new paragraph (h) to read as follows:
(h) for a period of five years from the date of last conviction for violating paragraph (b) of subdivision two-a of section eleven hundred ninety-two of this chapter.
§ 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is amended by adding a new paragraph (i) to read as follows:
S. 2049 3
(i) for a period of five years from the date of last conviction for violating paragraph (b) of subdivision two-a of section eleven hundred ninety-two of this chapter.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any rules or regulations necessary for the timely implementation of the provisions of this act are authorized to be made on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law and the vehicle and traffic law, in relation to disqualification of persons employed as school bus monitors and bus drivers
Purpose or general idea of bill
To prohibit individuals who are convicted of certain offenses involving children from being school bus monitors and to prohibit individuals convicted of "Leandra's Law" violations from being school bus drivers for a period of five years.
Summary of specific provisions
Section 1: Amends the Education Law by adding a new section 3635-d which defines school bus monitors as "any adult employed by a school district or a private entity to ride on a school bus for the purpose of ensuring the safety of its passengers or for monitoring the conduct of the bus passengers" and prohibits individuals who have been convicted of certain offenses involving children, sexual based offenses and drug offenses from being school bus monitors. It also requires school bus monitors to be fingerprinted to determine whether or not they have been convicted of a crime that would disqualify them from being a school bus monitor.
Sections 2 and 3: Amends subdivisions 1 and 2 of section 509-cc of the Vehicle and Traffic Law to provide that an individual is disqualified from being a school bus driver for a period of five years from the date of last conviction of violating paragraph (b) of subdivision two-a of section 1192 of the Vehicle and Traffic Law ("Leandra's Law").
Section 4: Effective date.
Justification
Current law provides that individuals who are convicted of certain offenses involving children, sexual based offenses and drug offenses are permanently or temporarily disqualified from being a school bus driver. However, school bus monitors who routinely ride school buses along with children are not subject to the same restrictions as school bus drivers. This legislation would subject school bus monitors to same restrictions as school bus drivers.
Additionally, current law provides that an individual is disqualified from being a school bus driver for the extent of the time their license is suspended, with a minimum of six months, if they are convicted of a violation of section 1192 of the Vehicle and Traffic Law (DWI). However, there is no additional penalty if the violation occurred with a passenger under 16 years of age in the vehicle in violation of "Leandra's Law". This legislation would disqualify an individual from being a school bus driver for five years from date of last conviction for a "Leandra's Law" violation.
Legislative history
2015-16: 51895 Died in Senate Education 2013-14: S883 Died in Senate Education 2012: S6157A Passed Senate, Died in Assembly Education
Fiscal implications
None to State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any rules or regulations necessary for the timely implementation of the provisions of this act are authorized to be made on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.