Bill Text: NJ S2081 | 2010-2011 | Regular Session | Introduced
Bill Title: Reorganizes the provisions in Title 18A regarding public and nonpublic school pupil transportation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-24 - Introduced in the Senate, Referred to Senate Education Committee [S2081 Detail]
Download: New_Jersey-2010-S2081-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington and Camden)
SYNOPSIS
Reorganizes the provisions in Title 18A regarding public and nonpublic school pupil transportation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pupil transportation, amending N.J.S.18A:39-1, supplementing chapter 39 of Title 18A of the New Jersey Statutes and repealing parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:39-1 is amended to read as follows:
18A:39-1. a. Whenever in any district there are elementary school pupils who live more than two miles from their public school of attendance or secondary school pupils who live more than 2 1/2 miles from their public school of attendance, the district shall provide transportation to and from school for these pupils.
[When any school district provides any transportation for public school pupils to and from school pursuant to this section, transportation shall be supplied to school pupils residing in such school district in going to and from any remote school other than a public school, not operated for profit in whole or in part, located within the State not more than 20 miles from the residence of the pupil; except that if the district is located in a county of the third class with a population of not less than 80,000 and not more than 120,000 transportation shall be provided to a nonpublic school located outside the State not more than 20 miles from the residence of the pupil, if there is no appropriate nonpublic school within the State located closer to the residence of the pupil; provided the per pupil cost of the lowest bid received does not exceed $675 for the 1992‑93 school year or the amount determined for subsequent years pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a), and if such bid shall exceed that cost then the parent, guardian or other person having legal custody of the pupil shall be eligible to receive $675 for the 1992-93 school year or the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a) for subsequent years toward the cost of his transportation to a qualified school other than a public school, regardless of whether such transportation is along established public school routes. It shall be the obligation of the parent, guardian or other person having legal custody of the pupil attending a remote school, other than a public school, not operating for profit in whole or in part, to register said pupil with the office of the secretary of the board of education at the time and in the manner specified by rules and regulations of the State board in order to be eligible for the transportation provided by this section. If the registration of any such pupil is not completed by September 1 of the school year and if it is necessary for the board of education to enter into a contract establishing a new route in order to provide such transportation, then the board shall not be required to provide it, but in lieu thereof the parent, guardian or other person having legal custody of the pupil shall be eligible to receive $675 or the amount determined pursuant to section 2 of P.L.1981, c.57 (18A:39-1a), or an amount computed by multiplying 1/180 times the number of school days remaining in the school year at the time of registration, times $675 for the 1992-93 school year or the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a) for subsequent years, whichever is the smaller amount. Whenever any regional school district provides any transportation for pupils attending schools other than public schools pursuant to this section, said regional district shall assume responsibility for the transportation of all such pupils, and the cost of such transportation for pupils below the grade level for which the regional district was organized shall be prorated by the regional district among the constituent districts on a per pupil basis, after approval of such costs by the county superintendent. This section shall not require school districts to provide any transportation for pupils attending a school other than a public school, where the only transportation presently provided by said district is for school children transported pursuant to chapter 46 of Title 18A of the New Jersey Statutes or for pupils transported to a vocational, technical or other public school offering a specialized program. Any transportation to a school, other than a public school, shall be pursuant to the same rules and regulations promulgated by the State board as governs transportation to any public school.
The board of education may make rules and contracts for the pupil transportation provided pursuant to this section.]
Nothing in this section shall be so construed as to prohibit a board of education from making contracts for the transportation of pupils to a school in an adjoining district, when such pupils are transferred to the district by order of the county superintendent, or when any pupils shall attend school in a district other than that in which they shall reside by virtue of an agreement made by the respective boards of education.
Nothing herein contained shall limit or diminish in any way any of the provisions for transportation for children pursuant to chapter 46 of this Title.
b. In addition to the provision of transportation for pupils pursuant to subsection a. of this section and N.J.S.18A:46-23, a board of education may provide, by contract or otherwise, in accordance with law and the rules and regulations of the State Board of Education, for the transportation of other public school pupils to and from school at no cost to the parent, guardian or other person having legal custody of the pupil.
c. A board of education which transports pupils to and from school pursuant to subsection a. of this section or a cooperative transportation services agency may enter into a contract for the transportation of public school pupils who are not eligible for transportation services pursuant to subsection a. of this section or any other law and may charge the parent, guardian or other person having legal custody of the pupil in accordance with subsection e. of this section.
d. A board of education which transports pupils to and from school pursuant to subsection a. of this section may provide, on a space‑available basis, for the transportation of elementary school pupils who live less than two miles from school and secondary school pupils who live less than two and a half miles from school along an established school bus route and may charge the parent, guardian or other person having legal custody of the pupil in accordance with subsection e. of this section.
e. A board of education or cooperative transportation services agency which provides for transportation pursuant to subsection c. or d. of this section may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to these subsections, then the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation, including, but not limited to, the cost of fuel, driver salaries and insurance.
The costs of the transportation shall be paid at the time and in the manner determined by the board of education or the cooperative transportation services agency, as appropriate, provided that the parent, guardian or other person having legal custody of the pupil attending the public school shall pay no more than the per pupil cost of the route for the transportation.
A board of education shall not receive State transportation aid pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) for the transportation of pupils pursuant to subsection b., c. or d. of this section; however, the pupils shall be included in the calculation of the district's regular vehicle capacity utilization for purposes of the application of the incentive factor pursuant to that section.
A board of education or cooperative transportation services agency which provides for transportation pursuant to subsection c. or d. of this section may not exclude from this transportation any pupil whose parent, legal guardian or other person having legal custody of the child is unable to pay the cost of that transportation because of financial hardship. In determining financial hardship, the criteria shall be the same as the Statewide eligibility standards established by the State board for free and reduced price meals under the State school lunch program.
A board of education or cooperative transportation services agency shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of subsection c. or d. of this section.
f. The board of education may make rules and contracts for the pupil transportation provided pursuant to this section.
(cf: P.L.1992, c.33, s.1)
2. Section 2 of P.L.1981, c.57 (C.18A:39-1a) is amended to read as follows:
2. For the [2002-2003] 2007-2008 school year, the maximum amount of nonpublic school transportation costs per pupil provided for in [N.J.S.18A:39-1] section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall equal [$735] $859 and this amount shall be increased in each subsequent year in direct proportion to the increase in the State transportation aid per pupil in the year prior to the prebudget year compared to the amount for the prebudget year or by the CPI, whichever is greater.
As used in this section, State transportation aid per pupil shall equal the total State transportation aid payments made pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) divided by the number of pupils eligible for transportation. "CPI" means the average annual increase, expressed as a decimal, in the consumer price index for the New York City and Philadelphia areas during the fiscal year preceding the prebudget year as reported by the United States Department of Labor.
In the 2002-2003 school year and thereafter, any additional costs incurred by a school district due to the increase in the maximum amount of nonpublic school transportation costs per pupil pursuant to this section shall be borne by the State.
(cf: P.L.2007, c.260, s.62)
3. (New section) a. When a school district provides transportation for public school pupils to and from school pursuant to subsection a. of N.J.S.18A:39-1, transportation shall be supplied to school pupils residing in the school district in going to and from any remote school other than a public school, not operated for profit in whole or in part, located within the State not more than 20 miles from the residence of the pupil; except that if the district is located in a county of the third class with a population of not less than 80,000 and not more than 120,000 pursuant to the 1980 federal decennial census, transportation shall be provided to a nonpublic school located outside the State not more than 20 miles from the residence of the pupil, if there is no appropriate nonpublic school within the State located closer to the residence of the pupil; provided the per pupil cost of the lowest bid received does not exceed the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a). If the bid exceeds that amount then the parent, guardian or other person having legal custody of the pupil shall be eligible to receive that amount toward the cost of the transportation to a nonpublic school, regardless of whether the transportation is along established public school routes.
It shall be the obligation of the parent, guardian or other person having legal custody of the pupil attending the nonpublic school to register the pupil with the office of the secretary of the board of education at the time and in the manner specified by rules and regulations of the State Board of Education in order to be eligible for the transportation provided by this section. If the registration of the pupil is not completed by September 1 of the school year and if it is necessary for the board of education to enter into a contract establishing a new route in order to provide the transportation, then the board shall not be required to provide it, but in lieu thereof the parent, guardian or other person having legal custody of the pupil shall be eligible to receive the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a), or an amount computed by multiplying 1/180 times the number of school days remaining in the school year at the time of registration, times the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a), whichever is the smaller amount.
b. Whenever any regional school district provides any transportation for nonpublic school pupils pursuant to subsection a. of this section, the regional district shall assume responsibility for the transportation of all such pupils, and the cost of the transportation for pupils below the grade level for which the regional district was organized shall be prorated by the regional district among the constituent districts on a per pupil basis, after approval of such costs by the county superintendent.
c. A school district shall not be required to provide transportation pursuant to this section if the only transportation presently provided by the district is for school children transported pursuant to chapter 46 of Title 18A of the New Jersey Statutes or for pupils transported to a vocational, technical or other public school offering a specialized program.
d. Transportation provided pursuant to this section shall be pursuant to the same rules and regulations promulgated by the State board as governs transportation to any public school.
e. The board of education may make rules and contracts for the provision of nonpublic school pupil transportation.
4. (New section) a. In addition to the provision of transportation for pupils pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and N.J.S.18A:46‑23, a board of education may provide, by contract or otherwise, in accordance with law and the rules and regulations of the State Board of Education, for the transportation of other nonpublic school pupils to and from school at no cost to the parent, guardian or other person having legal custody of the pupil.
b. A board of education which transports pupils to and from school pursuant to subsection a. of N.J.S.18A:39-1 or a cooperative transportation services agency may enter into a contract for the transportation of pupils who attend nonpublic schools and who are not eligible for transportation services pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law or who receive in‑lieu‑of transportation payments and may charge the parent, guardian or other person having legal custody of the pupil in accordance with subsection f. of this section.
c. A board of education which provides transportation to pupils to and from school pursuant to N.J.S.18A:39-1 may provide, on a space‑available basis, for the transportation of elementary school pupils who live less than two miles and secondary school pupils who live less than two and a half miles from any nonpublic school which satisfies the maximum distance requirements set forth in subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) along an established school bus route and may charge the parent, guardian or other person having legal custody of the pupil in accordance with subsection f. of this section.
d. A board of education or a cooperative transportation services agency may permit nonpublic school pupils who live in or outside of the district and who are not eligible for pupil transportation pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) because the distance from the pupil's residence to the nonpublic school is greater than the mileage limit established pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law to purchase transportation to the nonpublic school from the board of education or the cooperative transportation services agency provided that:
(1) there is available space on the appropriate bus route; and
(2) the parent, guardian or other person having legal custody of the pupil attending the nonpublic school agrees to transport the pupil to an existing bus stop as determined by the board of education or the cooperative transportation services agency.
A board of education or cooperative transportation services agency may charge the parent, guardian or other person having legal custody of the pupil in accordance with subsection f. of this section for the provision of transportation pursuant to this subsection.
Prior to providing transportation pursuant to this subsection to a nonpublic school pupil who lives within the district, a board of education shall determine if the pupil is eligible for transportation or an in‑lieu‑of payment pursuant to subsection e. of this section. If the board of education determines that the pupil is eligible for transportation or an in‑lieu‑of payment pursuant to that subsection, then that subsection shall govern the transportation services provided to the pupil by the board of education.
e. If a school district provides transportation pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to and from school to a school pupil who resides remote from school and attends a nonpublic school located within the State not more than 20 miles from the residence of the pupil, or in the case of a regional district provides transportation or an in‑lieu‑of‑payment to such pupil, the school district or regional district shall provide transportation, when seats are available on existing routes, or an in‑lieu‑of payment to all nonpublic school pupils who reside within the municipality of that pupil or in the case of a regional district reside within the district, attend that school, and reside more than 20 miles from that school. The school district may require all nonpublic school pupils in the municipality or regional district to use the bus stops which serve the pupils whose residences are not more than 20 miles from the nonpublic school. Any cost incurred by a school district or a regional district in providing transportation or an in‑lieu‑of payment to a pupil who is eligible for the transportation or an in‑lieu‑of payment under the provisions of this section shall not exceed the maximum cost per pupil established pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a), and shall be paid by the State.
As used in this subsection, "regional district" means a regional school district composed of only two constituent municipalities or a consolidated school district composed of only two municipalities.
f. A board of education or cooperative transportation services agency which provides for transportation pursuant to subsection b., c. or d. of this section may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant one of these subsections, then the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation, including, but not limited to, the cost of fuel, driver salaries and insurance.
The costs of the transportation shall be paid at the time and in the manner determined by the board of education or the cooperative transportation services agency, as appropriate, provided that the parent, guardian or other person having legal custody of the pupil attending the nonpublic school shall pay no more than the per pupil cost of the route for the transportation.
A board of education shall not receive State transportation aid pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) for the transportation of pupils pursuant to this section; however, the pupils shall be included in the calculation of the district's regular vehicle capacity utilization for purposes of the application of the incentive factor pursuant to that section.
A board of education or cooperative transportation services agency which provides for transportation pursuant to subsection b., c. or d. of this section may not exclude from this transportation any pupil whose parent, legal guardian or other person having legal custody of the child is unable to pay the cost of that transportation because of financial hardship. In determining financial hardship, the criteria shall be the same as the Statewide eligibility standards established by the State Board of Education for free and reduced price meals under the State school lunch program.
A board of education or cooperative transportation services agency shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of subsection b., c. or d. of this section.
5. The following sections are repealed:
N.J.S.18A:39-1.1;
P.L.1995, c.106 (C.18A:39-1.3 et seq.);
P.L.1999, c.350 (C.18A:39-1.6);
P.L.2000, c.114 (C.18A:39-1.7);
P.L.2001, c.327 (C.18A:39-1.8 et seq.).
6. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill separates the provisions of law in Title 18A of the New Jersey Statutes concerning public school transportation from those concerning nonpublic school transportation. This bill is designed to establish a more coherent organization and codification of the statutes concerning pupil transportation.
Although the bill repeals certain laws, it recodifies all of these provisions in different statutes.
