What's happening
This bill requires school districts to follow existing union agreements on disciplinary actions for bus drivers and assistants before taking any adverse action against them.
Why it matters
Strengthens union protections. for bus drivers and assistants by ensuring that school districts must honor the specific disciplinary procedures agreed to in union contracts, not just general employment law, before taking adverse actions.
Limits unilateral district action. , meaning districts cannot bypass or ignore union-negotiated due process or grievance steps for discipline, which could prevent unfair firings or suspensions.
Levels the playing field for contracted staff. even when a district contracts out transportation services, the rights and processes in the union contract covering drivers and assistants must be respected by the district itself, not just the private contractor.
Creates consistency and legal clarity. for school transportation personnel, reducing confusion or disputes about which disciplinary standards apply and minimizing the risk of legal challenges or labor unrest.
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Who cares
Headline styles
Protect Bus Driver Contracts
Plain English, a few words. Used as the page title.
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 Drivers' Rights
In Assembly Committee · Education · Sponsor Catherine Nolan
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4428
2017-2018 Regular Sessions
IN SENATE
February 14, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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:
27. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when author-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09864-01-7
S. 4428 2
ized 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 transportation is required because of the remoteness of the school to the pupil or for the promotion of the best interests of such children.
S. 4428 3
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.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to certain contracts regarding bus drivers and bus drivers' assistants
Purpose
This bill would require school districts to abide by the existing collective bargaining agreement between its transportation contractor and its employees with regard to disciplinary action of bus drivers and assistance.
Summary of provisions
Section 1 of the bill amends Section 1604 of the education law by adding that school districts must abide by the existing collective bargaining agreement with regard to disciplinary action of bus drivers and assist- ance.
Section 2 of the bill amends Section 1709 of the education law by adding that school districts must abide by the existing collective bargaining agreement with regard to disciplinary action of bus drivers and assist- ance.
Section 3 of the bill is the effective date.
Justification
Current law requires school bus drivers and assistants to secure special certification and licenses to convey school children to and from school. Those directly employed by school districts have statutory procedural protections against arbitrary and unfair disciplinary actions against them. Many suburban and rural school districts, however, contract. Out for transportation service; therefore existing statutory procedural protections in such matters are inapplicable. Employees of the transpor- tation contractor of the school district may have contractual protections covering disciplinary actions, but the school district is not a party of that contract. Hence the school district is able to undertake disciplinary action against employees of its contractor, with- out abiding by previously agreed to due process protections. This legis- lation does not prevent the district from undertaking a disciplinary action; it merely requires it to abide by the terms in an existing contract between its transportation contractor and its employees.
Legislative history
2017:S.4428 - Referred to Education/ A.5782 - Referred to Education. 2016: S.3474 - Referred to Education/A.2781 - 3rd Reading Calendar. 2015: S.3474 - Referred to Education/A.2781 - Passed Assembly. 2014: S.7020 - Referred to Education/A.9338 - Referred to Education. 2012: S.4317 - Referred to Education/A.7269 - Referred to Education. 2011: S.4317 - Referred to Education/A.7269 - Referred to Education.
Fiscal implications
None.
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.