The battle for better school bus service now shifts to Albany following an education panel’s approval of a three-year extension with major yellow bus companies.
The majority of members on the Panel for Education Policy signed off on the controversial contract extension Wednesday night, stating it was necessary to buy time so officials could eventually rewrite and rebid contracts that haven’t been meaningfully updated in decades.
Those agreements, education observers say, are at the root of the notoriously dysfunctional school bus service that affects disabled students the most. Gothamist has recently reported on the city’s flawed data on school bus delays, which does not fully capture how many buses aren’t showing up on time — or at all.
“It’s not right, some of the conditions that are happening right now,” said member Shirley Aubin. “But it’s not an overnight thing … to get a contract that all parties can live with and more importantly, that’s conducive for our families and our scholars.”
Officials and advocates have said negotiating a new contract hinges on the passage of a new state law enshrining existing labor protections for drivers.
The old contracts with the large private bus companies were first negotiated in 1979 and include a provision that requires unionized bus workers laid off by one company to be prioritized for hiring by other companies at their existing wages.
However, in 2011, a state court ruled against the labor provision, finding that it hindered competition. The court found that the provision cannot be written into new contracts.
When city officials sought to rebid bus contracts without that provision in the past, drivers have gone on strike. The result: The city keeps extending old contracts, kicking the can as parents lament the sorry state of school bus service.
State lawmakers have introduced bills that would make labor protection for drivers law and allow the city to move forward with writing and negotiating new contracts.
But those bills have stalled. Officials and parents at Wednesday night’s meeting promised a full-court press on the legislation.
“What is critical is that we all stick together and get to work in making the change that will be necessary,” city Comptroller Brad Lander said. “So we have a fundamentally different form of contracting that absolutely provides protection for workers and that also meets the needs that all students and families deserve in their bus service.”
Representatives from the large bus companies, which had threatened to halt service during the contract fight last month, said they wanted to work with parents and the city on improvements.
Krista McAndrew, deputy general counsel for Total Transportation, said the company had committed to meet regularly with parents and share more information with the education department as part of the three-year extension.
“You care deeply about the safety and well-being of New York City's children, and we share that commitment,” she said. “That's why the new contract extension is about more than paperwork. It's about partnership.”
Still, some parents and panel members objected to the extension of the old contracts for another three years.
“This is about the message we send,” said panel member Faraji Hannah-Jones. “What does this system tell our most vulnerable students? It tells them that their time is not valuable, that their safety is negotiable, that we do not believe in their potential enough to fight for a system that dignifies them. … We do not need three years to understand the same broken thing.”
Schools Chancellor Melissa Aviles-Ramos said the Adams administration had worked with bus companies on a five-year contract, but recognized the concerns of families and advocates who objected to the long-term deal.
“ Parents, stakeholders and communities around New York City made it clear that this term was unacceptable,” she said.
