2019 New York Laws
VAT - Vehicle and Traffic
Title 7 - Rules of the Road
Article 33 - Miscellaneous Rules
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.