File #: Int 0566-2022    Version: * Name: Requiring all children with an individualized education program to be transported in buses with air-conditioning.
Type: Introduction Status: Committee
Committee: Committee on Education
On agenda: 7/14/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring all children with an individualized education program to be transported in buses with air-conditioning
Sponsors: Oswald Feliz, Shahana K. Hanif, Christopher Marte, Gale A. Brewer, Kalman Yeger , Alexa Avilés, Sandy Nurse, Jennifer Gutiérrez, Justin L. Brannan, Pierina Ana Sanchez
Council Member Sponsors: 10
Summary: This bill would require that all children with a disability as defined by the New York State Education Law to be transported to and from school in an air-conditioned bus, and not just those who require an air-conditioned environment for health reasons.
Attachments: 1. Summary of Int. No. 566, 2. Int. No. 566, 3. July 14, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 7-14-22

Int. No. 566

 

By Council Members Feliz, Hanif, Marte, Brewer, Yeger, Avilés, Nurse, Gutiérrez, Brannan and Sanchez

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring all children with an individualized education program to be transported in buses with air-conditioning

 

Be it enacted by the Council as follows:

Section 1. Section 19-605 of the administrative code of the city of New York, as added by local law number 63 for the year 2003, is amended to read as follows:

§ 19-605[.] Air-conditioning. a. Definitions. For purposes of this section, the term “child with a disability” has the same meaning as is ascribed to such term in subdivision 1 of section 4401 of the education law.

b. Any bus or other motor vehicle transporting a child with a disability to and from a school in the city pursuant to any agreement or contract shall be air-conditioned when the ambient outside temperature exceeds [seventy] 70 degrees Fahrenheit. Drivers of all such vehicles shall utilize such air conditioning systems in order to make the internal climate of such vehicles comfortable to passengers in order to protect or enhance the health of children with disabilities. Any failure, mechanical or otherwise, of an air-conditioning system required by this section shall be repaired and restored to operable condition as soon as is practicable, but in no event more than three business days subsequent to the failure. [For purposes of this section, “child with a disability” shall mean a child with a disability as defined in section 4401(1) of the education law who requires an air-conditioned environment for health reasons.]

[b.] c. The penalty provisions set forth in section 19-607 [of this chapter] shall not apply to any violation of the provisions of this section. Any owner, operator or contractor responsible for transporting a child with a disability to and from a school in the city pursuant to any agreement or contract shall be liable for a civil penalty of [four hundred dollars] $400 for each violation of this section.

§ 2. This local law takes effect 90 days after it becomes law.

 

 

 

Session 12

MHL

LS #8563

04/25/22

 

Session 11

AES/MAJ

LS #563

Int. 575-2018