N.Y. Comp. Codes R. & Regs. tit. 8 § 156.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 156.1 - Applications, contracts, and other information to be filed

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 156.1

Amended New York State Register July 29, 2020/Volume XLII, Issue 30, eff. 7/14/2020