As a result, the proposed amendment has been revised to provide regulatory flexibility for:

• required instruction in school bus safety and refresher training instruction;

• attendance at the required annual Professional Development Seminar by school bus driver instructors;

• master instructor training programs and attendance of master instructors at the annual master instructor strategy meeting or the Professional Development Seminar; and

• required timeliness for school bus drills.

Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (nonemergency) adoption, after publication in the State Register and expiration of the 45-day public comment period required in the State Administrative Procedure Act (SAPA) Section 202(4-a), is the July 2020 Regents meeting. However, because the COVID-19 crisis is presently affecting the State of New York, emergency action is necessary for the preservation of public health and the general welfare in order to immediately provide flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis.

It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the July 2020 Regents meeting, which is the first scheduled meeting after the 45-day public comment period prescribed in SAPA for State agency revised rule makings. However, since the emergency regulation will expire before the July meeting, it is anticipated that an additional emergency action will be presented for adoption at the June 2020 Regents meeting.

• Allows transportation contracts to be filed with the Commissioner within 120 days of approval of the contract by the board to align with the current practice (regulations were outdated and required 30 days). Contracts which cannot be awarded by August 1, shall be filed with the Commissioner within 5 days after approval with a written explanation for the delay.

• Elimination of installation of stop arms from the list of demonstrable enhancements in pupil safety since this is now mandatory equipment.

• Clarifies that standing passengers shall be not be permitted on a school bus unless it is during the first 10 days of school or due to a breakdown, crash or other unforeseen occurrence to be consistent with Education Law § 3635-c.

• Clarifies the definition of school bus driver means any person who drives a school bus to or from school or school activities.

• Clarifies the definition of a school bus attendant to mean any person who is employed for the purpose of attending to the special needs of a child based on his or her IEP to safely embark and disembark from a school bus which is owned, leased or contracted for by a public school district or BOCES, and for the purpose of assisting the school bus driver.

• Adds a new definition for regular route to mean any trip that occurs on a regular schedule, for the purpose of transporting students from a starting point to a destination and may include pick up and drop off of students enroute (home to school).

• Adds physician assistants to the list of licensed professions that can perform an examination of school bus drivers. Requires school bus drivers to be examined within eight weeks prior to the beginning of service (was previously four weeks).

• Requires the school bus driver physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and aligns the proposed amendment with current practice relating to the test. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department. Removes old provisions which allowed additional time for districts to acquire a school bus driver instructor to perform the physical performance test.

• Requires the school bus driver physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and aligns the proposed amendment with current practice relating to the test. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department. Removes old provisions which allowed additional time for districts to acquire a school bus driver instructor to perform the physical performance test.

• Clarifies the three types of school bus driver training: pre-service safety training, basic course safety training, and refresher safety training. Requires school bus drivers to have at least four hours (was previously two) of instruction on school bus safety practices which shall include at least one hour of training for the transport of children with disabilities prior to service. Requires school bus drivers to take 30 hours of basic course safety training and requires the required two-hour refresher training to contain at least one hour of instruction relating to the special needs of a pupil with a disability.

• Provides that a certified school bus driver instructor’s physical presence is not required during the pre-service training of school bus drivers, monitors, or attendants, provided that such training is conducted under the general supervision of such an approved school bus driver instructor.

• Provides that the school bus driver instructor advisory committee members are to be appointed for a three-year term (was previously annually) and requires them to be of good moral character.

• Provides for when a certified school bus driver instructor’s certification can be suspended or revoked by the Department.

• Includes what master instructors must do to maintain certification as a master instructor and provides for when a master instructor’s certification can be suspended or revoked by the Department.

• Adds physician assistants to the list of licensed professions that can perform an examination of school bus monitors and attendants and requires school bus monitors and attendants to be examined within eight weeks prior to the beginning of service (was previously two weeks).

• Requires the school bus monitor and attendant physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and makes amendments to such test to conform with current practice. Removes the temporary waiver provision for the physical performance test for monitors and attendants. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department.

• Adds nonpublic schools to the list of employers whose employees serving pupils with a disabling condition must maintain CPR certification where such skills are required as part of the student’s IEP.

• Clarifies the three types of school bus monitor and attendant training: pre-service safety training, basic course safety training, and refresher safety training. Requires at least four hours of pre-service training (was previously three hours). Requires a minimum of two hours of refresher training at least two times a year and requires that such refresher training include at least one hour of instruction relating to the special needs of a pupil with a disability.

• Requires school bus drivers to instruct pupils to cross the highway at a distance of at least 15 feet in front of the vehicle (was previously 10 feet) and to keep the school bus halted until they have reached the opposite side of the highway, street or private road and until such passengers are at least fifteen feet from the bus and either off the highway, street or private road or on a sidewalk.

• Adds the regulations of the Commissioner of the Department of Transportation to the list of regulations school bus drivers shall be familiar with.

• Includes “exempt tracks” to the list of exceptions to when school bus drivers are required to make full stops.

• Clarifies that the operation of a wheelchair lift shall not be considered as leaving a bus unattended.

• Prohibits the use of electronic cigarettes by drivers, monitors and attendants while on a school bus.

• Provides that the administration of drills on school buses shall be in accordance with the Department’s Bus Safety Drill Guide and Compliance Form and provides that verbal bus mini safety drills should be conducted by a school bus driver prior to the beginning of every sports or activity trip.

• Requires school districts, which procure transportation through contracted vendors using an RFP, to set a minimum passing score threshold prior to evaluating RFPs, much as the State does in its grant applications, to ensure that winning bidders meet certain safety and responsibility standards.

In response to public comment the Department has revised the proposed amendment. Specifically, section 156.3(g) of the Commissioner’s regulations was amended to require that school bus drills include specific instructions for pupils to advance at least 15 feet in front of the school bus before crossing a highway, rather than 10 feet, consistent with the amendment made to section 156.3(e)(4).

Additionally, In order to provide flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis, the Department revised the proposed amendment as follows:

• The basic course of instruction in school bus safety required by section 156.3(b)(5)(ii) and 156.3(d)(5)(ii) and the refresher training instruction required in section 156.3(b)(5)(iii) and 156.3(d)(5)(iii) may be postponed where a school bus driver, monitor, or attendant is unable to complete such instruction due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such instruction shall be rescheduled and completed as soon as practicable.

• Section 156.3(c)(2)(i) is amended to permit school bus driver instructors to attend the annual professional development seminar (PDS) by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Section 156.3(c)(3)(i) is amended to permit master instructor training programs to be provided by teleconference or videoconference for the 2019-2020 school year and to permit master instructors to attend the annual master instructor strategy meeting or PDS by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Section 156.3(g)(2) is amended to permit school bus drills to be postponed where such drills are unable to be conducted between March 1 and April 30 due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

In response to public comment, section 156.3(g) of the Commissioner’s regulations was amended to require that school bus drills include specific instructions for pupils to advance at least 15 feet in front of the school bus before crossing a highway, rather than 10 feet, consistent with the amendment made to section 156.3(e)(4).

In order to provide flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis, the proposed amendment has been revised as follows:

• The basic course of instruction in school bus safety required by section 156.3(b)(5)(ii) and 156.3(d)(5)(ii) and the refresher training instruction required in section 156.3(b)(5)(iii) and 156.3(d)(5)(iii) may be postponed where a school bus driver, monitor, or attendant is unable to complete such instruction due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such instruction shall be rescheduled and completed as soon as practicable.

• Section 156.3(c)(2)(i) is amended to permit school bus driver instructors to attend the annual professional development seminar (PDS) by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Section 156.3(c)(3)(i) is amended to permit master instructor training programs to be provided by teleconference or videoconference for the 2019-2020 school year and to permit master instructors to attend the annual master instructor strategy meeting or PDS by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Section 156.3(g)(2) is amended to permit school bus drills to be postponed where such drills are unable to be conducted between March 1st and April 30th due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

The revised emergency rulemaking does not require change to the costs, local government mandates, paperwork, duplication, alternatives, or federal standards analyses contained in the previously published Regulatory Impact Statement.

If adopted at the April 2020 Regents meeting, the emergency rule will become effective April 7, 2020. It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its July 2020 meeting. If adopted at the July 2020 meeting, the proposed amendment will become effective on July 29, 2020. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

(a) Small businesses:

1. EFFECT OF RULE:

The proposed rule updates the Regulations of the Commissioner of Education pertaining to pupil transportation, to align to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation, as well as with current practice. Additionally, the proposed rule provides flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis. The proposed amendment applies to all school bus drivers, monitors and attendants including those employed by school transportation service companies.

2. COMPLIANCE REQUIREMENTS:

Certain requirements in the proposed rule apply to small businesses that contract with school districts to provide student transportation. Compliance requirements are summarized as follows:

• Allows transportation contracts to be filed with the Commissioner within 120 days of approval of the contract by the board to align with the current practice (regulations were outdated and required 30 days). Contracts which cannot be awarded by August 1 shall be filed with the Commissioner within 5 days after approval with a written explanation for the delay.

• Clarifies that standing passengers shall not be permitted on a school bus unless it is during the first 10 days of school or due to a breakdown, crash or other unforeseen occurrence to be consistent with Education Law § 3635-c.

• Adds physician assistants to the list of licensed professions that can perform an examination of school bus drivers. Requires school bus drivers to be examined within eight weeks prior to the beginning of service (was previously four weeks).

• Requires the school bus driver physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and aligns the proposed amendment with current practice relating to the test. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department. Removes old provisions which allowed additional time for districts to acquire a school bus driver instructor to perform the physical performance test.

• Clarifies the three types of school bus driver training: pre-service safety training, basic course safety training, and refresher safety training. Requires school bus drivers to have at least four hours (was previously two) of instruction on school bus safety practices which shall include at least one hour of training for the transport of children with disabilities prior to service. Requires school bus drivers to take 30 hours of basic course safety training and necessitates the required two-hour refresher training to contain at least one hour of instruction relating to the special needs of a pupil with a disability.

• Provides that a certified school bus driver instructor’s physical presence is not required during the pre-service training of school bus drivers, monitors, or attendants, provided that such training is conducted under the general supervision of such an approved school bus driver instructor.

• Provides that the school bus driver instructor advisory committee members are to be appointed for a three-year term (was previously annually) and requires them to be of good moral character.

• Provides for when a certified school bus driver instructor’s certification can be suspend.

• Includes what master instructors must do to maintain certification as a master instructor and provides for when a master instructor’s certification can be suspended or revoked by the Department.

• Adds physician assistants to the list of licensed professions that can perform an examination of school bus monitors and attendants and requires school bus monitors and attendants to be examined within eight weeks prior to the beginning of service (was previously two weeks).

• Requires the school bus monitor and attendant physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and makes amendments to such test to conform with current practice. Removes the temporary waiver provision for the physical performance test for monitors and attendants. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department.

• Adds nonpublic schools to the list of employers whose employees serving pupils with a disabling condition must maintain CPR certification where such skills are required as part of the student’s IEP.

• Clarifies the three types of school bus monitor and attendant training: pre-service safety training, basic course safety training, and refresher safety training. Requires at least four hours of pre-service training (was previously three hours). Requires a minimum of two hours of refresher training at least two times a year and requires that such refresher training include at least one hour of instruction relating to the special needs of a pupil with a disability.

• Requires school bus drivers to instruct pupils to cross the highway at a distance of at least 15 feet in front of the vehicle (was previously 10 feet) and to keep the school bus halted until they have reached the opposite side of the highway, street or private road and until such passengers are at least 15 feet from the bus and either off the highway, street or private road or on a sidewalk.

• Adds the regulations of the Commissioner of the Department of Transportation to the list of regulations with which school bus drivers shall be familiar.

• Includes “exempt tracks” to the list of exceptions to when school bus drivers are required to make full stops.

• Clarifies that the operation of a wheelchair lift shall not be considered as leaving a bus unattended.

• Prohibits the use of electronic cigarettes by drivers, monitors and attendants while on a school bus.

• Provides that the administration of drills on school buses shall be in accordance with the Department’s Bus Safety Drill Guide and Compliance Form and provides that verbal bus mini safety drills should be conducted by a school bus driver prior to the beginning of every sports or activity trip.

• Requires school districts, which procure transportation through contracted vendors using an RFP, to set a minimum passing score threshold prior to evaluating RFPs, much as the State does in its grant applications, to ensure that winning bidders meet certain safety and responsibility standards.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services requirements on small businesses.

4. COMPLIANCE COSTS:

See the Costs section of the Regulatory Impact Statement that is published in the State Register on this publication date for an analysis of the costs of the proposed rule.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on small businesses.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment aligns the Regulations of the Commissioner of Education to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation, as well as with current practice. Additionally, the proposed amendment provides flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis. Therefore, no alternatives were considered for those located in rural areas of the State.

7. SMALL BUSINESS PARTICIPATION:

The Department has shared the proposed amendment with the New York State School Bus Contractors Association; which have members who work in small business.

(b) Local governments:

1. EFFECT OF RULE:

The proposed rule updates the Regulations of the Commissioner of Education pertaining to pupil transportation, to align to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation, as well as with current practice. Additionally, the proposed rule provides flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis. The proposed amendment applies to each of the 695 public school districts in the State.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment is necessary to align the Regulations of the Commissioner of Education to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation, as well as with current practice. See the summary of compliance requirements under (a)(2) above.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

See the Costs section of the Regulatory Impact Statement that is published in the State Register on this publication date for an analysis of the costs of the proposed rule.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendment aligns the Regulations of the Commissioner of Education to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation, as well as with current practice. Additionally, the proposed amendment provides flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis. Therefore, no alternatives were considered for those located in rural areas of the State.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule have been solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule applies to all school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The purpose of the proposed amendments to the Regulations of the Commissioner of Education is to update such regulations to align to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation. Additionally, the proposed amendments provide flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis. In addition to the technical amendments, the proposed amendments make the following changes:

• Allows transportation contracts to be filed with the Commissioner within 120 days of approval of the contract by the board to align with the current practice (regulations were outdated and required 30 days). Contracts which cannot be awarded by August 1 shall be filed with the Commissioner within 5 days after approval with a written explanation for the delay.

• Elimination of installation of stop arms from the list of demonstrable enhancements in pupil safety since this is now mandatory equipment.

• Clarifies that standing passengers shall not be permitted on a school bus unless it is during the first 10 days of school or due to a breakdown, crash or other unforeseen occurrence to be consistent with Education Law § 3635-c.

• Clarifies the definition of school bus driver to mean any person who drives a school bus to or from school or school activities.

• Clarifies the definition of a school bus attendant to mean any person who is employed for the purpose of attending to the special needs of a child based on his or her IEP to safely embark and disembark from a school bus which is owned, leased or contracted for by a public school district or BOCES, and for the purpose of assisting the school bus driver.

• Adds a new definition for regular route to mean any trip that occurs on a regular schedule for the purpose of transporting students from a starting point to a destination and may include pick up and drop off of students enroute (home to school).

• Adds physician assistants to the list of licensed professions that can perform an examination of school bus drivers. Requires school bus drivers to be examined within eight weeks prior to the beginning of service (was previously four weeks).

• Requires the school bus driver physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and aligns the proposed amendment with current practice relating to the test. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department. Removes old provisions which allowed additional time for districts to acquire a school bus driver instructor to perform the physical performance test.

• Clarifies the three types of school bus driver training: pre-service safety training, basic course safety training, and refresher safety training. Requires school bus drivers to have at least four hours (was previously two) of instruction on school bus safety practices which shall include at least one hour of training for the transport of children with disabilities prior to service. Requires school bus drivers to take 30 hours of basic course safety training and necessitates the required two-hour refresher training to contain at least one hour of instruction relating to the special needs of a pupil with a disability.

• Provides that a certified school bus driver instructor’s physical presence is not required during the pre-service training of school bus drivers, monitors, or attendants, provided that such training is conducted under the general supervision of such an approved school bus driver instructor.

• Provides that the school bus driver instructor advisory committee members are to be appointed for a three-year term (was previously annually) and requires them to be of good moral character.

• Provides for when a certified school bus driver instructor’s certification can be suspended or revoked by the Department.

• Includes what master instructors must do to maintain certification as a master instructor and provides for when a master instructor’s certification can be suspended or revoked by the Department.

• Adds physician assistants to the list of licensed professions that can perform an examination of school bus monitors and attendants and requires school bus monitors and attendants to be examined within eight weeks prior to the beginning of service (was previously two weeks).

• Requires the school bus monitor and attendant physical performance test form to be submitted electronically to the pupil transportation unit. Prohibits the interval between physical performance tests to exceed 25 months (was previously 24 months). Clarifies that the physical performance test shall be conducted by a currently certified school bus driver instructor and makes amendments to such test to conform with current practice. Removes the temporary waiver provision for the physical performance test for monitors and attendants. Provides that no more than one re-examination per driver may be administered on the same day and that the administration of the test and the pass/fail determination shall be in accordance with the guidance from the Department.

• Adds nonpublic schools to the list of employers whose employees serving pupils with a disabling condition must maintain CPR certification where such skills are required as part of the student’s IEP.

• Clarifies the three types of school bus monitor and attendant training: pre-service safety training, basic course safety training, and refresher safety training. Requires at least four hours of pre-service training (was previously three hours). Requires a minimum of two hours of refresher training at least two times a year and requires that such refresher training include at least one hour of instruction relating to the special needs of a pupil with a disability.

• Requires school bus drivers to instruct pupils to cross the highway at a distance of at least 15 feet in front of the vehicle (was previously 10 feet) and to keep the school bus halted until they have reached the opposite side of the highway, street or private road and until such passengers are at least 15 feet from the bus and either off the highway, street or private road or on a sidewalk.

• Adds the regulations of the Commissioner of the Department of Transportation to the list of regulations with which school bus drivers shall be familiar.

• Includes “exempt tracks” to the list of exceptions to when school bus drivers are required to make full stops.

• Clarifies that the operation of a wheelchair lift shall not be considered as leaving a bus unattended.

• Prohibits the use of electronic cigarettes by drivers, monitors and attendants while on a school bus.

• Provides that the administration of drills on school buses shall be in accordance with the Department’s Bus Safety Drill Guide and Compliance Form and provides that verbal bus mini safety drills should be conducted by a school bus driver prior to the beginning of every sports or activity trip.

• Requires school districts, which procure transportation through contracted vendors using an RFP, to set a minimum passing score threshold prior to evaluating RFPs, much as the State does in its grant applications, to ensure that winning bidders meet certain safety and responsibility standards.

• Provides that due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

o the basic course of instruction in school bus safety and refresher training instruction may be postponed;

o school bus driver instructors may attend the annual professional development seminar (PDS) by teleconference or videoconference for the 2019-2020 school year;

o Master instructor training programs may be provided by teleconference or videoconference for the 2019-2020 school year;

o Master instructors may attend the annual master instructor strategy meeting or PDS by teleconference or videoconference for the 2019-2020 school year; and

o School bus drills may be postponed where such drills are unable to be conducted between March 1st and April 30th.

3. COSTS:

The proposed amendment would be a cost to school districts to cover costs associated with receiving school bus driver, monitor and/or attendant training, however, a percentage of such cost would be reimbursable through state transportation aid.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment aligns the Regulations of the Commissioner of Education to the current policies and procedures of the New York State Department of Motor Vehicles and the New York State Department of Transportation, as well as with current practice. Additionally, the proposed amendments provide flexibility for certain regulatory requirements relating to pupil transportation in response to the COVID-19 crisis. Therefore, no alternatives were considered for those located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

The Department has shared the proposed amendment with the New York State School Bus Contractors Association; which has members who live in rural areas.

Since the publication of a Notice of Proposed Rule Making and Emergency Adoption was published in the State Register on December 24, 2019, substantial revisions were made to the proposed regulation as set forth in the Revised Regulatory Impact Statement submitted herewith.

These substantial revisions do not require any changes to the previously published Statement in Lieu of Job Impact Statement.

1. COMMENT: A commenter who is an organization comprising of more than one hundred school transportation service companies writes in strong support of the proposed rule. The commenter states that as private pupil transportation providers, ensuring that every child reaches their destination safely, without incident, and on time is a responsibility they take very seriously. They note that the proposed regulatory changes further their ability to meet their goal of ensuring that schools have the ability to provide students with the safest transportation possible. The commenter states that one of the most notable changes in the proposed rule which is the “biggest win” for student safety is the proposal to require school districts, which procure transportation thorough contracted vendors using an RFP, to set a minimum passing score threshold prior to evaluating RFPs to ensure that winning bidders meet certain safety and responsibility standards. They write that “the requirement of setting a minimum passing score will undoubtably further assist the State in weeding out the bad actors who put profit over student safety.” The commenter recommends taking this provision further by requiring the RFP process for all contracts over $1 million dollars and requiring that accident history, experience, and safety programs be evaluated as part of the award process.

DEPARTMENT RESPONSE: The Department agrees with the commenter that the proposed rule will help ensure that schools have the ability to provide students with safe transportation. Regarding the comment relating to the RFP process, the Department believes it should be the school district’s decision whether they would like to use an RFP or collective bid. Therefore, no change is necessary.

2. COMMENT: A commenter provided the following comments on the proposed rule:

1 They note the change to increase pre-service training for school bus drivers from 2 hours to 4 hours. They state that they understand the need and the value of increased training, however, they note that this is an additional expense for some operators and that this is a concern given the recent call to freeze State transportation aid to school districts.

2 They suggest amending section 156.3(g) of the proposed rule to state that each drill on school buses shall include specific instructions for pupils to advance at least 15 feet in front of the bus before crossing the highway after disembarking, rather than 10 feet, which is consistent with the change made in section 156.3(e)(4).

3 They suggest amending the new language section 156.12(c) to require the superintendent, rather than the board of education, to establish a minimum score threshold which shall be required to accept proposals. They note that this is an administration function, and it is the superintendent who is responsible for the day to day operations of the school district. In addition, they note that boards of education typically meet monthly, which would delay the request for proposal process.

4 Lastly, they recommend that portability of the physical performance test document between operators be considered. They noted that if a physical performance test is completed by a qualified State Education Department-approved School Bus Driver Instructor, it seems reasonable that the test results can be obtained by other operators if the school bus driver/attendant changes employment. They state that the need to be re-tested if the school bus driver/attendant moves on to another employer when a legitimate physical performance test has been conducted in a timely fashion and is still valid, seems duplicative as well as an additional cost to the operator.

DEPARTMENT RESPONSE:

1 The Department acknowledges that increased training may be an additional expense, however, the Department believes that such additional training is necessary for the safety of all students. Therefore, no change is necessary.

2 The Department agrees with this comment and made the proposed revision to the rule.

3 The Department considered this comment; however, the Department does not believe any change is needed.

4 Section 156.3(a)(3)(iii) and (d)(3)(iii) of the proposed rule states that school bus drivers, monitors and attendance shall pass the physical performance test at least once every two years. The portability of the physical performance test document is not limited by the proposed regulation. Therefore, no change is needed.