BILL NUMBER: S7660
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the education law, in relation to contracts regarding
bus drivers and bus driver's 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 actions against bus driv-
ers and bus driver assistants, unless the Superintendent declares that
the acts or omissions of such individuals is a clear and present danger
to the welfare of the school children they are entrusted to transport.
In such instances a statutory expedited hearing is authorized in the
bill.
 
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1,2,3, and 4 of the bill amend sections 1604, 1709, 2503, 2554
of the education law to require that school districts located within
Westchester, Putnam, Nassau and Suffolk counties honor grievance
proceedings due process protections in contracts between the employees
of their student transportation vendors and such vendors. The bill
provides for a limited exception when the Superintendent in any affected
school district certifies that the acts or omissions of a bus driver or
bus driver assistant constitutes egregious misconduct that presents a
clear and present danger to the welfare and safety of school children
entrusted to their care. In such instance, an expedited statutory
proceeding is mandated.
Section 5 of the bill imposes an immediate effective date.
 
JUSTIFICATION:
School bus drivers and driver assistants are required by law to secure
certification and licenses to convey school children to and from
schools. Those who are directly employed by school districts enjoy stat-
utory procedural protections against arbitrary and unfair disciplinary
actions that can jeopardize and terminate their employment and income.
In many school districts in suburban counties within the metropolitan
area of New York City, school districts contract out for student trans-
portation services; thereby rendering the bus driver and driver assist-
ants employees of the vendors to the school district - not the district
itself. That status difference renders the statutory protections against
arbitrary and unfair disciplinary actions inapplicable. Further, it also
renders any contractual protections such employees have bargained for
inoperable, since the school districts are not a party bound by the
contracts with their employer. This bill would require that such
districts honor the contractual due process protections of such employ-
ees, with a limited exception where the alleged misconduct or omission
is grave in nature and a threat to the welfare and safety of students.
 
PRIOR LEGISLATIVE HISTORY:
S5707 (2019; Mayer): Reportedto 3rd Reading
S3474A (2016; Lanza): Referred to Education
S4428 (2018; Lanza): Referred to ducation
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

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