N.Y. Education Law § 3635-a: Safety belt usage

§ 3635-a. Safety belt usage. 1. A board of education or board of

trustees may, in its discretion, following a public hearing for the

purpose of determining whether a resolution shall be adopted, provide

for the use of seat safety belts on such school buses, in accordance

with regulations and standards established by the commissioner under

subdivision one of section thirty-six hundred thirty-eight of this

chapter.

2. Such public hearing, conducted upon reasonable notice, shall be

held to consider: (a) whether the district shall install seat safety

belts on buses purchased and/or contracted for prior to the effective

date of this section and require their use; (b) when such installation

shall be provided, and (c) whether use of seat safety belts shall be

required on all school buses within the district so equipped after a

date to be determined by the board of education or board of trustees.

3. Such hearings shall consider the effect of seat safety belts

installation on the total number of students that can be transported on

such buses.

4. Within twenty days after the public hearing, the board of education

or board of trustees shall, by resolution, determine whether to require

installation and use of seat safety belts on some or all school buses.

5. This section shall apply only to vehicles owned or leased by school

districts and nonpublic schools, and to vehicles used to perform

contracts with such school districts and nonpublic schools for the

purpose of transporting school children for hire.

6. Nothing in this section shall be construed to impose a duty upon

boards of education or boards of trustees to provide seat safety belts

on school buses purchased or contracted for prior to the effective date

of this section, nor shall any board of education or board of trustees

be held liable for failure to provide seat safety belts pursuant to this

section. A school board member or trustee shall have immunity from any

civil or criminal liability that might otherwise be incurred or imposed

as a result of the provisions of this section provided that such person

shall have acted in good faith. For the purpose of any proceeding, civil

or criminal, the good faith of any such person shall be presumed.

7. The provisions of this section shall not apply to school districts

which are using safety belts on school buses or have installed or have

contracted for the installation of seat safety belts prior to the

effective date of this section.