What's happening
This bill requires school districts to follow the disciplinary procedures in bus drivers' and assistants' union agreements before taking adverse actions against them.
Why it matters
Strengthens union protections. By requiring school districts to follow the disciplinary procedures outlined in union contracts before disciplining bus drivers and assistants, the bill ensures that these employees receive the due process negotiated on their behalf, potentially making it harder for districts to bypass or ignore union agreements.
Limits unilateral district actions. School districts would no longer be able to independently impose adverse actions (like suspension or termination) on bus drivers or assistants if such actions conflict with existing collectively bargained agreements, increasing the leverage and security of unionized employees.
Applies to both public and contracted services. The bill’s provisions cover situations where transportation is provided directly by a school district or through an outside contractor, meaning its impact would be widespread across different models of pupil transportation.
Could affect student transportation continuity. By adding procedural requirements before adverse actions can be taken against drivers and assistants, districts may face delays or additional steps in responding to incidents, which could influence how quickly transportation staffing issues are resolved and potentially affect service reliability.
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Who cares
Headline styles
Protect Bus Driver Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to education
- Referred to education
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
402
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04295-01-9
S. 402 2
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
S. 402 3
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.
Sponsor's memo
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
2018: S.4428- Referred to Education/A.5782- Referred to Education 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
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