Section 1229-D. School bus attendant

(1) "School bus attendant" shall mean
  a person employed or authorized by a school district to ride on a school
  bus as defined in paragraph (a)  of  subdivision  one  of  section  five
  hundred  nine-a  of this chapter for the purpose of maintaining order or
  rendering assistance to pupils with special needs.
    (2) Screening of applicants for position of school bus attendant (a) a
  school district, pursuant to a policy statement or resolution adopted by
  such district, may review the qualifications of every applicant for  the
  position  of  school  bus attendant on school buses operated by or under
  contract to the district and determine at  its  discretion  whether  the
  applicant  is  suitable for qualification. In such cases, applicants may
  be made the subject of a criminal history check.  Upon  receipt  of  the
  fingerprints  forwarded to them by such school district, the division of
  criminal justice services shall forward  to  such  school  district  the
  criminal  history  review. A fee not to exceed the cost for the criminal
  history review shall be charged by  the  division  of  criminal  justice
  services.  Such fingerprints also may be submitted to the federal bureau
  of investigation for a national criminal history record check.
    (b) In determining the qualifications  of  school  bus  attendants,  a
  school  district  may  use  the  criteria  listed  in subdivision two of
  section five hundred  nine-cc  of  this  chapter  relative  to  criminal
  convictions.
    (c)  All  inquiries made, and the use of any criminal record obtained,
  pursuant to this section shall be in accordance with section two hundred
  ninety-six  of  the  executive   law.   In   addition,   the   secondary
  dissemination  of  such information shall be limited to other authorized
  agencies, by express agreement  between  the  school  district  and  the
  division  of  criminal  justice  services,  or as authorized pursuant to
  federal law, and rules and regulations. No cause of action  against  the
  school  district  or  division  of criminal justice services for damages
  related to the dissemination of criminal  history  records  pursuant  to
  this  section  shall  exist  when  the  school  district  or division of
  criminal justice services has reasonably and in good faith  relied  upon
  the  accuracy and completeness of criminal history information furnished
  to it by qualified agencies.
    (3)  The  commissioner  of  education  shall  promulgate   rules   and
  regulations  requiring  that  every  school bus attendant serving pupils
  with a disabling  condition  receive  school  bus  safety  training  and
  instruction  relating to the special needs of such pupils. Such training
  shall include guidance on the proper techniques for  assisting  disabled
  students  in  entering  and  exiting  the  school bus, and shall include
  instruction in  cardiopulmonary  resuscitation  where  such  skills  are
  required  as  part of the individualized education plan prepared for the
  student, as well as any additional first aid or health emergency  skills
  that  the  commissioner of education deems appropriate and necessary for
  school  bus  attendants  to  possess.  In  addition,  such  school   bus
  attendants shall demonstrate the ability to perform procedures necessary
  in  emergency  situations  as  deemed appropriate by the commissioner of
  education. Any person employed as a school bus attendant serving  pupils
  with  a  disabling  condition  on January first, two thousand four shall
  comply with the requirements of this  subdivision  by  July  first,  two
  thousand  four.  Any person hired after January first, two thousand four
  shall complete training, instruction and testing prior to assuming their
  duties as a  school  bus  attendant  serving  pupils  with  a  disabling
  condition.
    (4)  The  commissioner  of  education,  in consultation with the state
  commission on quality care and advocacy for persons  with  disabilities,
  shall  promulgate  rules and regulations requiring that every school bus

  attendant serving a  student  or  students  with  a  disability  receive
  training  and instruction relating to the understanding of and attention
  to the special needs of such students. Such training and instruction may
  be  included  with  the  training  and  instruction required pursuant to
  subdivision three of this section and shall be provided  at  least  once
  per  year  or  more  frequently  as  determined  by  the commissioner of
  education in consultation with the state comprehensive school bus driver
  safety training council. For the purposes of this subdivision, the  term
  "student  with a disability" shall have the same meaning as such term is
  defined in subdivision one of section  forty-four  hundred  one  of  the
  education  law.  Any person employed as a school bus attendant serving a
  student or students with a disability on  January  first,  two  thousand
  nine  shall  comply  with  the  requirements of this subdivision by July
  first, two thousand nine. Any person  hired  after  January  first,  two
  thousand  nine  shall  complete  such  training, instruction and testing
  prior to assuming his or her duties as a school bus attendant serving  a
  student or students with a disability.