BILL NUMBER: S7660A
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the education law, in relation to contracts regarding
bus drivers and bus driver's assistants; and providing for the repeal of
such provisions upon expiration thereof
 
PURPOSE: To establish procedural requirements that certain school
districts must follow before requesting the removal of a contracted
school bus driver or driver's assistant from service to the district.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 23 of section 1604 of the education law
to require school districts located within Nassau and Suffolk counties,
prior to requesting that a transportation contractor remove a bus driver
or driver's assistant from service to the district, to provide such
individual with written notice stating the reasons for the proposed
removal, and to provide a reasonable opportunity to be heard prior to
issuing a written removal or disqualification request to the contractor.
Such notice and hearing requirements shall not apply where the district
determines, in its sole discretion, that the continued service of the
driver or driver's assistant poses an immediate risk to the safety or
welfare of students.
Section two sets the effective date.
 
JUSTIFICATION:
School districts frequently contract with private transportation provid-
ers for the conveyance of students, making bus drivers and driver's
assistants employees of the contractor rather than the district itself.
School districts may request that a contractor remove a particular
employee from assignment to the district, which may effectively prevent
that individual from continuing to work as a bus driver in the region.
Under current law, there is no uniform statutory process governing such
removal requests, and drivers and driver's assistants may be removed
from service without advance notice or an opportunity to respond to the
allegations underlying the request, even where the alleged conduct does
not present an immediate safety concern. This legislation establishes
limited procedural protections applicable to school districts in Nassau
and Suffolk counties by requiring written notice, supporting documenta-
tion, and a reasonable opportunity to be heard before a district may
request removal of a contracted bus driver or driver's assistant from
service. The bill also preserves district discretion to immediately
remove personnel where the district determines that continued service
presents an immediate risk to the safety or welfare of students.
The bill includes a three-year sunset provision to provide an opportu-
nity to assess the implementation and operational impact of the proce-
dures established by the act.
 
PRIOR LEGISLATIVE HISTORY:
S7415(2023;Mayer): Advanced to 3rd Reading
S5707(2019;Mayer): Advanced to 3rd Reading
S3474A(2016;Lanza): Referred to Education
S4428(2018;Lanza): Referred to Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed three years after such date.

Statutes affected:
S7660: 1604 education law, 1604(23) education law, 1709 education law, 1709(27) education law, 2503 education law, 2503(12) education law, 2554 education law, 2554(19) education law
S7660A: 1604 education law, 1604(23) education law