§ 1229-D — School bus attendant

§ 1229-d. School bus attendant. (1) "School bus attendant" shall mean\na person employed or authorized by a school district to ride on a school\nbus as defined in paragraph (a) of subdivision one of section five\nhundred nine-a of this chapter for the purpose of maintaining order or\nrendering assistance to pupils with special needs.\n (2) Screening of applicants for position of school bus attendant (a) a\nschool district, pursuant to a policy statement or resolution adopted by\nsuch district, may review the qualifications of every applicant for the\nposition of school bus attendant on school buses operated by or under\ncontract to the district and determine at its discretion whether the\napplicant is suitable for qualification. In such cases, applicants may\nbe made the subject of a criminal history check. Upon receipt of the\nfingerprints forwarded to them by such school district, the division of\ncriminal justice services shall forward to such school district the\ncriminal history review. A fee not to exceed the cost for the criminal\nhistory review shall be charged by the division of criminal justice\nservices. Such fingerprints also may be submitted to the federal bureau\nof investigation for a national criminal history record check.\n (b) In determining the qualifications of school bus attendants, a\nschool district may use the criteria listed in subdivision two of\nsection five hundred nine-cc of this chapter relative to criminal\nconvictions.\n (c) All inquiries made, and the use of any criminal record obtained,\npursuant to this section shall be in accordance with section two hundred\nninety-six of the executive law. In addition, the secondary\ndissemination of such information shall be limited to other authorized\nagencies, by express agreement between the school district and the\ndivision of criminal justice services, or as authorized pursuant to\nfederal law, and rules and regulations. No cause of action against the\nschool district or division of criminal justice services for damages\nrelated to the dissemination of criminal history records pursuant to\nthis section shall exist when the school district or division of\ncriminal justice services has reasonably and in good faith relied upon\nthe accuracy and completeness of criminal history information furnished\nto it by qualified agencies.\n (3) The commissioner of education shall promulgate rules and\nregulations requiring that every school bus attendant serving pupils\nwith a disabling condition receive school bus safety training and\ninstruction relating to the special needs of such pupils. Such training\nshall include guidance on the proper techniques for assisting disabled\nstudents in entering and exiting the school bus, and shall include\ninstruction in cardiopulmonary resuscitation where such skills are\nrequired as part of the individualized education plan prepared for the\nstudent, as well as any additional first aid or health emergency skills\nthat the commissioner of education deems appropriate and necessary for\nschool bus attendants to possess. In addition, such school bus\nattendants shall demonstrate the ability to perform procedures necessary\nin emergency situations as deemed appropriate by the commissioner of\neducation. Any person employed as a school bus attendant serving pupils\nwith a disabling condition on January first, two thousand four shall\ncomply with the requirements of this subdivision by July first, two\nthousand four. Any person hired after January first, two thousand four\nshall complete training, instruction and testing prior to assuming their\nduties as a school bus attendant serving pupils with a disabling\ncondition.\n (4) The commissioner of education, in consultation with the justice\ncenter for the protection of people with special needs, shall promulgate\nrules and regulations requiring that every school bus attendant serving\na student or students with a disability receive training and instruction\nrelating to the understanding of and attention to the special needs of\nsuch students. Such training and instruction may be included with the\ntraining and instruction required pursuant to subdivision three of this\nsection and shall be provided at least once per year or more frequently\nas determined by the commissioner of education in consultation with the\nstate comprehensive school bus driver safety training council. For the\npurposes of this subdivision, the term "student with a disability" shall\nhave the same meaning as such term is defined in subdivision one of\nsection forty-four hundred one of the education law. Any person employed\nas a school bus attendant serving a student or students with a\ndisability on January first, two thousand nine shall comply with the\nrequirements of this subdivision by July first, two thousand nine. Any\nperson hired after January first, two thousand nine shall complete such\ntraining, instruction and testing prior to assuming his or her duties as\na school bus attendant serving a student or students with a disability.\n