What's happening
The bill requires school districts to continue paying transportation contracts during emergency closures and ensures state reimbursement at normal rates.
Why it matters
Protects school bus companies and their workers from financial collapse during emergency closures. by requiring school districts to continue paying transportation contracts even when school is closed, provided the contractor is not in breach for unrelated reasons.
Prioritizes contractor accountability and transparency. , mandating that transportation providers disclose any insurance, government aid, or other financial support they receive during emergencies, and reveal if they have insurance to cover the contract’s payroll and benefits.
Allows and encourages school districts to renegotiate contracts in good faith. and to require contractors to perform alternative, reasonable services within their expertise—potentially helping districts get value despite the disruption.
Ensures districts are not penalized financially by the state. for following these rules, guaranteeing they receive state reimbursement at normal rates even if the minimum required school days are waived due to emergencies.
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Who cares
Headline styles
Pay Bus Contracts During Emergencies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 10458a
- Amend and recommit 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.
Pay School Bus Contractors
In Senate Committee · Education · Sponsor Monica Martinez
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10458--A
IN ASSEMBLY
May 18, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry) -read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to payment under contracts for transportation services during a declared state of emergency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 14 of section 305 of the education law is amended by adding a new paragraph h to read as follows:
h. Notwithstanding any law, rule, or regulation to the contrary, if a school district is closed due to a properly executed declaration of a state or local emergency pursuant to article two-B of the executive law, such district shall continue to make payments of benefits, compensation and emoluments pursuant to the terms of any contract for transportation of school children entered into pursuant to this subdivision that were in effect on the date of the closure as if the services for such benefits, compensation, and emoluments had been provided, and as if the school district had remained open. Payments received pursuant to this paragraph by a contractor providing pupil transportation services shall be used to meet payroll and fixed cost obligations of the contractor. A school district shall make all reasonable efforts to renegotiate a contract in good faith subject to this paragraph and may direct contractors providing pupil transportation services who are a party to a contract and receive payments from the school district under this paragraph, to provide services on behalf of the school district which may reasonably be provided and are within the general expertise or service provisions of the original contract. Negotiations shall not include indirect costs such as fuel or tolls. As a condition of negotiations, a contractor for pupil transportation services shall reveal to the school district whether the entity has insurance coverage for the payment of benefits, compensation, and emoluments pursuant to the terms of a contract with a contractor for pupil transportation services under this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16213-06-0
A. 10458--A 2
paragraph for services which otherwise would not have been provided had the school facilities remained open. A contractor shall divulge to its school district customers all government and private subsidies and programs which it is utilizing during the state of emergency to maintain financial solvency including, but not limited to government grants and loans, and unemployment insurance for its labor force. Nothing in this paragraph shall be construed to require a school district to make payments to a party in material breach of a contract with a contractor for pupil transportation services if the breach was not due to a closure resulting from a declared state of emergency, declared public health emergency, or a directive by an appropriate health agency or officer.
§ 2. Notwithstanding any other provision of this act, if a school district continues to pay a school bus transportation contractor or operates its own school bus transportation, such district shall be eligible for reimbursement from the department of education at a rate the school district would have received had the pandemic of 2020 not occurred, had the minimum instruction days requirement not been waived under executive order 202.4 or had the commissioner not taken action under subdivision 7 of section 3604 of the education law.
§ 3. This act shall take effect immediately and shall apply to any contracts or collective bargaining agreements in effect beginning with the 2019-2020 academic year.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.