Chapter 6 - SCHOOL BUSES

Section 19-601

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

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

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

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.

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

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

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.