New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 156 - Transportation › Section 156.1 - Applications, contracts, and other information to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for the approval of all bus
				  routes and bus capacities, together with transportation contracts, including
				  contracts for the operation of district-owned conveyances and all contracts for
				  the maintenance and/or garaging of district-owned conveyances shall be filed by
				  the superintendent or district superintendent of schools with the Commissioner
				  of Education on forms approved by him or her. In addition thereto, such
				  superintendent or district superintendent of schools shall file with the
				  commissioner the instructions to bidders, bid forms and specifications upon
				  which such contracts were awarded, a summary of bids submitted, a statement of
				  the actions taken to solicit bids, including copies of the advertising required
				  by law, any additional advertising, a list of the potential bidders actively
				  solicited, and such other information as the commissioner may
				  require.
(b) The advertisement for
				  bids for contracts for anticipated transportation needs for the following
				  school year shall be published not later than June 1st, except that the
				  advertisement for bids for contracts for transportation of children with
				  disabilities shall be published not later than July 1st. Any contract awarded
				  as a result of competitive bidding, together with the documents required by the
				  provisions of subdivision (a) of this section, shall be filed with the
				  Commissioner of Education within 120 days following approval of the contract by
				  the board of education or trustee. Contracts which cannot be awarded on or
				  before August 1st, together with other required documents, shall be filed with
				  the commissioner within five days after approval by the board of education or
				  trustee along with a written explanation for the delay.
(c) Separate contracts shall be awarded for
				  transportation to and from school and for other purposes, including but not
				  limited to field trips and athletic events. The commissioner may grant a waiver
				  of this requirement for contracts or contract extensions covering school years
				  prior to the school year beginning July 1, 1996, provided districts file with
				  the department detailed documentation allocating the total contract expense
				  between to and from school and other purpose transportation services.
(d) Bid specifications shall not include
				  special requirements relating to buses, drivers, maintenance and service
				  facilities, the exclusive use of buses, or any other matter which tends to
				  restrict competitive bidding. The commissioner may authorize special
				  requirements which are essential due to special circumstances. No bid shall be
				  accepted which is contingent on a discount if one or more other bids are also
				  accepted. No bid may be rejected for failure to meet a specification which
				  unduly restricts competitive bidding.
(e) [Reserved]
(f) A board of education or the trustee of a
				  public school district and a contractor shall not materially modify an approved
				  transportation contract except where such modification is necessary to comply
				  with any Federal, State or local law, rule or regulation imposed after the
				  execution of such contract or to enhance pupil safety and/or result in savings
				  consistent with maintaining pupil safety. The school district shall provide
				  satisfactory documentation to the commissioner of the enhancements in pupil
				  safety and/or of any increased savings consistent with maintaining pupil safety
				  that may result from the proposed amendment. Demonstrable enhancements in pupil
				  safety shall include, but not be limited to: two-way radios or other
				  communication devices, video cameras, and perimeter motion detector systems.
				  Such amendments shall result in no additional cost to the State, locality, or
				  school district. Amendments will not be approved if the commissioner determines
				  that they violate competitive bidding requirements, violate any provision of
				  law, or fail to increase or maintain the safety of pupil
				  transportation.