New
York's School Bus
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| Webmaster Note:
As of the fall of 1997, an estimated 80% of the nearly 45,000
yellow school buses in the state of New York are equipped with
seat belts. However, only an estimated 5% to 15% of the 725 school
districts statewide have mandated their use. Source: Pupil Transportation Safety Institute, New York. |
New York State Education Law board of education or board of trustees may, in its discretion, following a public hearing for the purpose of determining whether resolution shall be adopted, provide for the use of seat belts on school buses, in accordance with regulations and standards established by the commissioner under subdivision one of section thirty-six hundred twenty-three of this chapter.
Such a public hearing, conducted upon reasonable notice, shall be held to consider: a.) whether the district shall install seat belts on buses purchased and/or contracted for prior to the effective date of this section and require their use: b.) when such installation shall be provided, and c.) whether use of seat safety belts shall be required on all school buses within the district so equipped after a date to be determined by the board of education or board of trustees.
Such hearings shall consider the effect of seat safety belts installation on the total number of students that can be transported on such buses.
Within twenty days after the public hearing, the board of education or board of trustees shall, by resolution, determine whether to require installation and use on some or all school buses. This section shall apply only to vehicles owned or leased by school districts and nonpublic schools, and to vehicles used to perform contracts with such school districts and nonpublic schools for the purpose of transporting school children for hire.
Nothing in this section shall be construed to impose a duty upon boards of education or boards of trustees to provide seat safety belts on school buses purchased or contracted for prior to the effective date of this section, nor shall any board of education or board of trustees be held liable for failure to provide seat safety belts pursuant to this section. A school board member or trustee shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed as a result of the provisions of this section provided that such person shall have acted in good faith. For the purpose of any proceeding, civil or criminal, the good faith of any such person shall be presumed.
The provisions of this section shall not apply to the school districts which are using safety belts on school buses or have installed or have contracted for the installation prior to the effective date of this section.
In each school district in which pupils are transported on school buses equipped with seat safety belts, such district shall insure that all pupils who are transported on any school bus owned, leased or contracted for by the district shall receive instruction on the use of seat safety belts. Such instruction shall be provided at least three times a year to both public and nonpublic school pupils who are so transported and shall include, but not be limited to:
The________________ school district believes that seat belts on school buses provide an important safety benefit to student passengers. Students will receive school bus seat belt use training three times a year during school bus safety drills.
All those riding buses equipped with seat belts, including but not limited to bus drivers, students, teachers, and chaperones, shall wear their seat belts at all times except when boarding or exiting the bus. School bus monitors shall also wear seat belts when they do not need to be out of their seats for student management. At no time shall seat belts be released before the bus has come to a complete stop. Failure to comply with this seat belt use policy shall result in student or employee disciplinary action. Volunteers riding buses who do not comply will lose their privileges of riding district vehicles.
