Meeting of the Board of Regents | November 2003

SUMMARY:

Attached is a proposed amendment of section 156.3(c) of the Regulations of the Commissioner of Education. The proposed amendment was adopted as an emergency measure at your September meeting and is now being proposed for adoption as a permanent rule. Supporting materials are available upon request from the Secretary to the Board of Regents.

The proposed amendment is necessary to conform the Commissioner's Regulations to the provisions of Vehicle and Traffic Law section 1229-d(3), as amended by Chapter 159 of the Laws of 2003, that became effective July 1, 2003. The proposed amendment to section 156.3(c) provides that school bus attendants, who serve pupils with a disabling condition, receive school bus safety training and instruction and that CPR instruction shall be given where such skills are required as part of the individualized education plan prepared for the student. Any person employed as a school bus attendant serving pupils with a disabling condition on January 1, 2004 shall comply with this provision by July 1, 2004. Any person hired after January 1, 2004 shall complete training, instruction and testing prior to assuming their duties as a school bus attendant serving pupils with a disabling condition.

A Notice of Proposed Rule Making was published in the State Register on August 27, 2003.

VOTED: That paragraphs 4 and 5 of subdivision (c) of section 156.3 of the Regulations of the Commissioner of Education be amended as submitted, effective December 4, 2003.

Attachment

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 207 and 3624, Vehicle and Traffic Law sections 509-g and 1229-d and Chapter 159 of the Laws of 2003.

1. Paragraph (4) of subdivision (c) of section 156.3 of the Regulations of the Commissioner of Education is amended, effective December 4, 2003, as follows:

(4) Required certifications. [Each attendant employed by a school district, board of cooperative educational services or contractor on July 1, 2003 shall have until July 1, 2004 to obtain training and certification in cardiopulmonary resuscitation. Individuals hired after July 1, 2003 must obtain training and certification prior to assuming their duties as a school bus attendant. Thereafter, current certification in cardiopulmonary resuscitation must be maintained.] Any person employed by a school district, board of cooperative educational services or pupil transportation contractor as a school bus attendant serving pupils with a disabling condition on January 1, 2004, shall have until July 1, 2004 to obtain training and certification in cardiopulmonary resuscitation where such skills are required as part of the individualized education plan prepared for the student. Any such person hired after January 1, 2004 shall, prior to assuming their duties as a school bus attendant, obtain training and certification in cardiopulmonary resuscitation where such skills are required as part of the individualized education plan prepared for the student. School districts, boards of cooperative educational services or contractors may require monitors or attendants to maintain certification in first aid.

2. Paragraph (5) of subdivision (c) of section 156.3 of the Regulations of the Commissioner of Education is amended, effective September 12, 2003, as follows:

(5) Pre-Service, safety training, and refresher training. Except as otherwise provided in this paragraph, [Each] each school bus monitor or attendant employed by a board of education, board of cooperative educational services, or pupil transportation contractor on July 1, 2003 shall comply with the training requirements of this paragraph no later than July 1, 2004. Individuals hired after July 1, 2003 shall comply with such requirements before assuming their duties on a school bus.

(i) Pre-service instruction. All school bus monitors or attendants shall receive 3 hours of pre-service instruction as prescribed by the commissioner upon recommendation of the commissioner�s School Bus Driver Instructor Advisory Committee, which shall include, but is not limited to, [instruction relating to special needs transportation,] school bus safety practices, child management techniques, and the proper techniques for assisting children [and special needs children] to safely embark and disembark a school bus. In addition to such instruction, any person employed on January 1, 2004 as a school bus monitor, or as a school bus attendant serving pupils with a disabling condition, shall, by July 1, 2004, receive instruction as prescribed by the commissioner upon recommendation of the commissioner's School Bus Driver Instructor Advisory Committee relating to special needs transportation, including, but not limited to, the proper techniques for assisting disabled students in entering and exiting the school bus. Any person hired after January 1, 2004 shall complete such special needs instruction prior to assuming their duties as a school bus monitor or as a school bus attendant.

(ii) A certified school bus driver instructor's physical presence shall not be required during training conducted upon initial employment of a school bus monitor or attendant by a board of education or transportation contractor, provided that such training is conducted under the general supervision of such certified instructor.

(iii) Specialized training. Each school bus monitor or attendant hired after July 1, 2003 shall complete within their first year of employment a Basic Course of Instruction for Monitors and Attendants. Multiple curricula may be approved for use by the commissioner. Such courses shall provide not less than 10 hours of instruction on a range of topics prescribed by the commissioner upon recommendation of the commissioner�s School Bus Driver Instructor Advisory Committee.

(iv) All school bus monitors and attendants shall receive 2 two-hour refresher training sessions annually at sessions conducted between July 1st and the first day of school and between December 1st and March 1st of each school year.