N.Y. Vehicle & Traffic Law § 1229-d: School bus attendant

§ 1229-d. School bus attendant. (1) "School bus attendant" shall mean

a person employed or authorized by a school district to ride on a school

bus as defined in paragraph (a) of subdivision one of section five

hundred nine-a of this chapter for the purpose of maintaining order or

rendering assistance to pupils with special needs.

(2) Screening of applicants for position of school bus attendant (a) a

school district, pursuant to a policy statement or resolution adopted by

such district, may review the qualifications of every applicant for the

position of school bus attendant on school buses operated by or under

contract to the district and determine at its discretion whether the

applicant is suitable for qualification. In such cases, applicants may

be made the subject of a criminal history check. Upon receipt of the

fingerprints forwarded to them by such school district, the division of

criminal justice services shall forward to such school district the

criminal history review. A fee not to exceed the cost for the criminal

history review shall be charged by the division of criminal justice

services. Such fingerprints also may be submitted to the federal bureau

of investigation for a national criminal history record check.

(b) In determining the qualifications of school bus attendants, a

school district may use the criteria listed in subdivision two of

section five hundred nine-cc of this chapter relative to criminal

convictions.

(c) All inquiries made, and the use of any criminal record obtained,

pursuant to this section shall be in accordance with section two hundred

ninety-six of the executive law. In addition, the secondary

dissemination of such information shall be limited to other authorized

agencies, by express agreement between the school district and the

division of criminal justice services, or as authorized pursuant to

federal law, and rules and regulations. No cause of action against the

school district or division of criminal justice services for damages

related to the dissemination of criminal history records pursuant to

this section shall exist when the school district or division of

criminal justice services has reasonably and in good faith relied upon

the accuracy and completeness of criminal history information furnished

to it by qualified agencies.

(3) The commissioner of education shall promulgate rules and

regulations requiring that every school bus attendant serving pupils

with a disabling condition receive school bus safety training and

instruction relating to the special needs of such pupils. Such training

shall include guidance on the proper techniques for assisting disabled

students in entering and exiting the school bus, and shall include

instruction in cardiopulmonary resuscitation where such skills are

required as part of the individualized education plan prepared for the

student, as well as any additional first aid or health emergency skills

that the commissioner of education deems appropriate and necessary for

school bus attendants to possess. In addition, such school bus

attendants shall demonstrate the ability to perform procedures necessary

in emergency situations as deemed appropriate by the commissioner of

education. Any person employed as a school bus attendant serving pupils

with a disabling condition on January first, two thousand four shall

comply with the requirements of this subdivision by July first, two

thousand four. Any person hired after January first, two thousand four

shall complete training, instruction and testing prior to assuming their

duties as a school bus attendant serving pupils with a disabling

condition.

(4) The commissioner of education, in consultation with the justice

center for the protection of people with special needs, shall promulgate

rules and regulations requiring that every school bus attendant serving

a student or students with a disability receive training and instruction

relating to the understanding of and attention to the special needs of

such students. Such training and instruction may be included with the

training and instruction required pursuant to subdivision three of this

section and shall be provided at least once per year or more frequently

as determined by the commissioner of education in consultation with the

state comprehensive school bus driver safety training council. For the

purposes of this subdivision, the term "student with a disability" shall

have the same meaning as such term is defined in subdivision one of

section forty-four hundred one of the education law. Any person employed

as a school bus attendant serving a student or students with a

disability on January first, two thousand nine shall comply with the

requirements of this subdivision by July first, two thousand nine. Any

person hired after January first, two thousand nine shall complete such

training, instruction and testing prior to assuming his or her duties as

a school bus attendant serving a student or students with a disability.