Section 19-601
§ 19-601 Safety measures on school buses; declaration and findings.
The council hereby finds that a serious emergency exists as to the
safety of handicapped children transported to and from schools in school
buses and other vehicles. Handicapped school children have been
grievously injured, maimed and killed due to lack of seat belts and
guards or escorts on school buses. The council finds that in order to
prevent further tragedies to our handicapped school children the
provisions of this section are declared necessary and are designed to
protect, the safety, health and general welfare of our school children.
Section 19-602
§ 19-602 Seat belts. All buses or other motor vehicles engaged in the
business of transporting handicapped children to and from schools in the
city shall be equipped with seat belts for each seat on such a bus, or
other safety appliances prescribed by the national bureau of standards
or other authorized governmental agencies promulgating rules relating to
auto safety.
Section 19-603
§ 19-603 Escorts. a. All buses and other motor vehicles transporting
handicapped children to and from school in the city shall be staffed, in
addition to the driver thereof, with an escort. It shall be the duty and
responsibility of such escort to generally supervise and aid the
handicapped children riding such bus; to require each child to utilize a
seat belt or other safety device and to escort the children on and off
each bus to an area of safety.
b. The driver of a bus transporting children to and from school in the
city shall not proceed after having halted such bus to take on or
discharge a passenger until he or she has received assurance from the
escort that the children are seated, have fastened the safety belt on
the seat and that it is otherwise safe to proceed.
Section 19-604
§ 19-604 Dual opening doors. All buses transporting handicapped
children in the city, after September first, nineteen hundred
seventy-five, shall be equipped with dual opening doors so that said
doors shall open from no less than two sides of the motor vehicle.
Section 19-605.
§ 19-605. Air-conditioning. 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.
Section 19-606
§ 19-606 School bus service. 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.
Section 19-607
§ 19-607 Penalty. Any person, firm or corporation who shall violate
the provisions of this chapter shall be punished by a fine of five
hundred dollars, or by imprisonment not to exceed three months or by
both such fine and imprisonment.