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Editor's note: this section has been amended by L.L. 2023/079, 6/25/2023, eff. 9/1/2035.
a. Any bus or other motor vehicle transporting a child with a disability to and from a school in the city pursuant to any agreement or contract shall be air-conditioned when the ambient outside temperature exceeds seventy degrees Fahrenheit. Drivers of all such vehicles shall utilize such air conditioning systems in order to make the internal climate of such vehicles comfortable to passengers in order to protect or enhance the health of children with disabilities. Any failure, mechanical or otherwise, of an air-conditioning system required by this section shall be repaired and restored to operable condition as soon as is practicable, but in no event more than three business days subsequent to the failure. For purposes of this section, "child with a disability" shall mean a child with a disability as defined in section 4401(1) of the education law who requires an air-conditioned environment for health reasons.
b. The penalty provisions set forth in section 19-607 of this chapter shall not apply to any violation of the provisions of this section. Any owner, operator or contractor responsible for transporting a child with a disability to and from a school in the city pursuant to any agreement or contract shall be liable for a civil penalty of four hundred dollars for each violation of this section.
a. Except as provided in subdivisions d, e and f of this section, no student shall be allowed to board a school bus operated by or pursuant to a contract with the board of education unless a seat is available for the student.
b. The board of education shall prepare and, when necessary, revise two school bus service plans annually to ensure that all students eligible to receive school bus service to and from the schools they legally attend shall be provided with a seat on a school bus. One plan shall relate to school bus service to be provided during the session of the school year beginning in September and ending in June and one plan shall relate to school bus service to be provided during a summer school session. Each plan shall be prepared prior to the first day of the session of the school year to which it relates and shall include the following information: (i) the criteria used by the board of education to determine whether a student is eligible to receive school bus service; (ii) for each school, a summary description of the school bus routes servicing the school; (iii) for each school bus route, the number of students eligible to ride on the school bus operating on the route and the maximum seating capacity of such school bus; and (iv) any other information the board of education deems relevant. Upon completion of the plans, they shall be submitted to the mayor and the speaker of the city council.
c. If at any time during any session of a school year the number of students eligible to ride on a school bus operating on a particular school bus route exceeds the maximum seating capacity of the school bus operating on such route, the board of education shall revise the affected school bus service plan, and take all steps necessary to ensure that all students eligible to receive school bus service are provided with a seat on a school bus. A revised plan shall identify any changes to the information provided pursuant to paragraphs (i), (ii), (iii) and (iv) of subdivision b of this section and, in addition, shall describe, for each school bus route affected by the revision, the steps taken to ensure that the number of students eligible to ride on a school bus operating on a particular school bus route does not exceed the maximum seating capacity of the school bus operating on such route. Upon completion of a revised plan, it shall be submitted to the mayor and the speaker of the city council.
d. Not later than ten days prior to the first day of the session of the school year beginning in September, and not later than ten days prior to the first day of a summer school session, the board of education shall prepare, and provide to each bus company that will be transporting students to or from school, lists of students eligible to ride on the school buses operating on the school bus routes serviced by such bus company. A separate list shall be compiled for each school bus route. Each list shall identify each eligible student by name, school bus stop and school, but shall not contain any other information relating to such student. The board of education shall require that bus companies provide to bus drivers the list appropriate for each school bus route. The board of education shall prepare, and promptly provide to each bus company, revised and updated lists that reflect any changes necessary to comply with the requirements of this section. All students listed as eligible to receive school bus service on a particular school bus route shall be entitled to board the school bus operating on such route. During transport to school at the beginning of the regular school day, students not listed as eligible to receive school bus service on a particular school bus route shall not be allowed to board the school bus operating on such route, provided, however, that where such students waiting to board such school bus are not accompanied by an adult, the bus driver shall allow such students to board such school bus. During transport from school at the close of the regular school day, students not listed as eligible to receive school bus service on a particular school bus route shall not be allowed to board the school bus operating on such route unless authorized to do so by personnel assigned by the principal pursuant to subdivision e of this section.
e. The principal of each school to or from which students are transported by school bus shall assign personnel to monitor students exiting school buses at the beginning of the regular school day and boarding school buses at the close of the regular school day. Such personnel shall be provided with the same lists provided to bus drivers pursuant to subdivision d of this section. Such personnel shall: (i) at the close of the regular school day, determine whether to allow a student not listed as eligible to receive school bus service on a particular school bus route to board the school bus operating on such route; (ii) notify the parent or legal guardian of such student that he or she has been or may be prohibited from boarding a school bus; (iii) provide the parent or legal guardian with the name, address and telephone number of the office responsible for determining whether a student is eligible to receive school bus service; (iv) for each school bus, maintain a record of students not listed as eligible who exit or board the bus; and (v) determine whether information regarding such students should be referred to the office responsible for determining whether a student is eligible to receive school bus service and, where appropriate, report such information to such office. The information reported to such office, together with such other relevant information available to the board of education, shall be considered in determining whether and how to revise the affected school bus service plan and revise and update the lists of eligible students in accordance with subdivisions c and d of this section.
f. Notwithstanding any other provision of this section to the contrary, during the first ten days of the session of the school year beginning in September and during the first ten days of a summer school session, a student waiting at a school bus stop to board a school bus transporting students to the school attended by the student may be allowed to board the school bus, whether or not such student is listed as eligible to receive school bus service on that school bus route and, at the close of the regular school day, may be allowed to board the school bus stopping at such school bus stop.
g. The provisions of this section shall apply only to those school buses operated by or pursuant to a contract with the board of education.
a. Any bus or other motor vehicle used to transport students to or from schools pursuant to a contract between a school bus vendor and the department of education shall, at all times that students are present on such vehicle, be equipped with an operational two-way radio or other authorized communication device capable of allowing communication with the driver of such vehicle.
b. The department of education shall promulgate rules regarding the safe usage of such communication devices.
(L.L. 2019/032, 2/9/2019, eff. 9/5/2019)
a. For purposes of this section, the term "GPS" means a global positioning system, or a comparable location tracking technology, that uses navigational satellites to determine a user's location and velocity in real time.
b. Any bus or other motor vehicle used to transport students to or from schools pursuant to a contract between a school bus vendor and the department of education shall, at all times that students are present on such vehicle, be equipped with a GPS tracking device.
c. A GPS tracking device installed on any bus or other motor vehicle used to transport students to or from schools shall be operational at all times such vehicle is in use pursuant to the contract.
d. GPS data regarding the real time location and velocity of the bus or other motor vehicle used to transport students to or from schools shall be made available electronically to the department, as well as to authorized parents or guardians of students who are being transported by such bus or other motor vehicle.
e. Records created by any such GPS tracking devices shall be maintained in an electronic database.
f. No information that is otherwise required to be reported or be made available electronically pursuant to this section shall be reported or be made available electronically in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.
g. Beginning April 30, 2020, and on or before each October 31 and April 30 thereafter, the department shall submit to the speaker of the council for the relevant reporting period, as defined in section 21-993, the scheduled arrival and departure times for each transportation site, and data points, including the time of day corresponding with the actual arrival at the first and last transportation site of each special education school bus route and general education school bus route for each day of the reporting period. Such information shall also include the school bus vendor.
(L.L. 2019/032, 2/9/2019, eff. 9/5/2019; Am. L.L. 2019/026, 2/9/2019, eff. 9/5/2019)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Implementing agency. The term "implementing agency" means an agency designated by the mayor to carry out the provisions of subdivisions c, d and h of this section.
Owner. The term "owner" has the same meaning as set forth in section 239 of the vehicle and traffic law.
School bus photo violation monitoring system. The term "school bus photo violation monitoring system" has the same meaning as set forth in subdivision (c) of section 1174-a of the vehicle and traffic law.
b. Liability for passing a stopped school bus. If the operator of a vehicle fails to comply with section 1174 of the vehicle and traffic law when meeting a school bus operated in the city and marked and equipped as provided in subdivisions 20 and 21-c of section 375 of the vehicle and traffic law, the owner of such vehicle shall be liable in accordance with section 1174-a of the vehicle and traffic law and shall be subject to the monetary penalties described in subdivision e of this section.
c. Installation and operation of photo violation monitoring systems.
1. Subject to paragraph 2 of this subdivision, a stationary or mobile school bus photo violation monitoring system may be installed and operated to carry out the provisions of this section by the implementing agency.
2. A mobile school bus photo violation monitoring system may be installed and operated on a school bus to carry out the provisions of this section only if:
(a) the city and the city school district enter into an agreement for such installation and operation; and
(b) such agreement is in effect.
d. Privacy measures. In carrying out this section, appropriate privacy measures, as described in paragraph 4 of subdivision (a) of section 1174-a of the vehicle and traffic law, shall be adopted and enforced by the implementing agency.
e. Adjudication; penalties.
1. The parking violations bureau shall adjudicate imposition of liability under this section in accordance with a schedule of monetary fines and penalties promulgated as authorized by section 1174-a of the vehicle and traffic law.
2. The provisions of sections 239, 240, 241 and 1174-a of the vehicle and traffic law shall apply with respect to the imposition and adjudication of any liability under this section and notice with respect to any such liability.
3. Any photographs, microphotographs, videotape or other recorded images evidencing a violation under this section shall be available for inspection in any proceeding to adjudicate the liability for such violation.
f. Payment to school district required. If the city does not make the payment to the school district required by paragraph 1-b of subdivision (a) of section 1174-a of the vehicle and traffic law, no liability may be imposed under this section until the city makes such required payment to the district.
g. Implementation of program. The mayor may designate any additional city agency or office or employees of any city agency to assist in implementing the provisions of this section.
h. Annual report. The implementing agency shall submit an annual report on the results of the use of a school bus photo violation monitoring system to the mayor and the speaker of the council. Such report shall be submitted by June 1 of each year in which such system is operable. Such report shall include, but need not be limited to, the information described in subdivision (m) of section 1174-a of the vehicle and traffic law.
(L.L. 2022/010, 1/9/2022, eff. 4/9/2022, repealed eff. 12/1/24)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/010.