Continuation of School Bus Grant Program

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Saturday, February 8, 2020
Keywords:

New York City Department of Small Business Services

NOTICE OF ADOPTION 

Pursuant to the authority vested in the Commissioner of the Department of Small Business Services pursuant to section 1301 of the New York City Charter (Charter) and in accordance with the requirements of section 1043 of said Charter, the Department of Small Business Services has adopted amendments to Subchapter F of Chapter 11 of Title 66 of the Rules of the City of New York. These amendments were published in the City Record on November 19, 2019. A public hearing was held on December 20, 2019. No testimony was received at the hearing, and no comments were submitted to the Department of Small Business Services. This rule will go into effect 30 days after this publication in the City Record. 

Statement of Basis and Purpose

From school years 2014-15 through 2018-19, the Department of Small Business Services (DSBS) has administered a grant program to support the employment of experienced school bus workers impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by Section 1301 of the New York City Charter, DSBS is adopting a rule that will continue the grant program for the 2019-20 school year. 

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed. 

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013.  

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry. In the years since 2014, grant programs successfully supported the employment of approximately 1,200 school bus workers. This rule continues the school bus employee grant program for the 2019-20 school year.