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Meeting of the Board of Regents | September 2003

Monday, September 1, 2003 - 5:00am

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:

The Honorable the Members of the Board of Regents

FROM:

James A. Kadamus

TITLE OF ITEM:

Emergency Adoption of proposed Amendment to the Regulations of the Commissioner Relating to School Bus Attendants

DATE OF SUBMISSION:

July 30, 2003

PROPOSED HANDLING:

Approval

RATIONALE FOR ITEM:

Compliance with Laws of 2003

STRATEGIC GOAL:

Goals 1 and 2

AUTHORIZATION(S):

SUMMARY:

Attached is a proposed amendment of section 156.3(c) of the Regulations of the Commissioner of Education submitted for adoption as an emergency measure. 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 will be published in the State Register on August 27, 2003. A Statement of Facts and Circumstances Which Necessitate Emergency Action is attached. It is anticipated that the proposed amendment will be submitted for adoption as a permanent rule at the November 13-14, 2003 meeting of the Board of Regents.

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 September 12, 2003, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately conform the Regulations of the Commissioner with the provisions of Vehicle and Traffic Law section 1229-d(3), as amended by Chapter 159 of the Laws of 2003, so that individuals hired as school bus attendants may obtain instruction, training and certification consistent with statutory requirements.

 

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 September 12, 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.

 

 PROPOSED AMENDMENT OF SECTION 156.3 TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, PURSUANT TO EDUCATION LAW SECTIONS 207 AND 3624, VEHICLE AND TRAFFIC LAW SECTION 1229-d, AND CHAPTER 159 OF THE LAWS OF 2003

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

The proposed amendment is needed to conform the Commissioner's Regulations to the provisions of Vehicle and Traffic Law (VTL) section 1229-d(3), as amended by Chapter 159 of the Laws of 2003.

Vehicle and Traffic Law (VTL) section 1229-d(3), as added by Chapter 472 of the Laws of 2002, requires the Commissioner of Education to promulgate regulations requiring that school bus attendants, as defined in VTL section 1229-d(1), who serve pupils with a disabling condition, receive school bus safety training and instruction relating to their special needs. Such safety training shall include techniques for assisting disabled students in entering and exiting the school bus, and instruction in cardiopulmonary resuscitation (CPR), as well as any additional first aid or health emergency skills as deemed necessary and appropriate by the Commissioner. In addition, such attendants shall demonstrate the ability to perform procedures necessary in emergency situations as deemed appropriate by the Commissioner. These requirements were incorporated into section 156.3(c) of the Commissioner's Regulations and adopted at the June 16-17, 2003 meeting of the Board of Regents, effective July 10, 2003. Chapter 159 of the Laws of 2003, which was signed by the Governor on July 22, 2003, amended subdivision (3) of VTL section 1229-d. The statute provides that it shall take effect on the same date as section 1 of Chapter 472 of the Laws of 2002 (July 1, 2003). Consistent with the statute, as amended, section 156.3(c)(4) has been revised to provide that the CPR instruction shall be given where such skills are required as part of the individualized education plan prepared for the student, and to further provide that any person employed as a school bus attendant serving pupils with a disabling condition on January 1, 2004 shall comply with VTL section 1229-d(3) by July 1, 2004 and that 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.

Emergency action to adopt the proposed amendment is necessary for the preservation of the general welfare in order to immediately conform the Commissioner's Regulations with the provisions of Vehicle and Traffic Law (VTL) section 1229-d(3), as amended by Chapter 159 of the Laws of 2003, so that individuals hired as school bus attendants may obtain instruction, training and certification consistent with statutory requirements.

It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at the November 2003 meeting of the Board of Regents, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.