Sponsored by:
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywomen Vainieri Huttle, Lopez, Chaparro, McKnight, Assemblyman Johnson and Assemblywoman Jasey
SYNOPSIS
Creates School Bus Safety Ombudsman position in, but not of, Department of Education.
CURRENT VERSION OF TEXT
As reported by the Assembly Transportation and Independent Authorities Committee on June 14, 2021, with amendments.
An Act concerning school bus safety and supplementing chapter 39 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is established in but not of the Department of Education the Office of the School Bus Safety Ombudsman. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the School Bus Safety Ombudsman is hereby allocated within the Department of Education, but notwithstanding this allocation, the office shall be independent of any supervision or control by the department or any board or officer thereof, or any other cabinet-level department, board, or officer thereof. The purpose of the office is to oversee the school busing industry and to coordinate enforcement and accountability among the department, school bus drivers, school bus contractors, and the New Jersey Motor Vehicle Commission.
b. The Governor shall appoint a School Bus Safety Ombudsman, who shall be qualified by training and experience 1related to the school bus industry in order1 to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.
c. The ombudsman shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsman's duties.
2. a. The duties of the School Bus Safety Ombudsman shall include, but not be limited to, the following:
(1) review a school bus driver’s information collected by the Commissioner of Education pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1);
(2) review all training certifications for school bus drivers from employers pursuant to subsection b. of section 2 of P.L.2015, c.123 (C.18A:39-19.3);
(3) assist in the development of a student information card pursuant to section 3 of P.L.2015, c.123 (18A:39-19.4);
(4) review statements provided by a board of education or contractor that verify a school bus driver, whose bus driver’s license is suspended or revoked, no longer operates a school bus for the board or contractor pursuant to section 1 of P.L.2018, c.152 (C.18A:39-19.6);
(5) the establishment of a publicly accessibly database that compiles the violations and subsequent fines of school bus drivers, school bus contractors that employ the school bus drivers, and the owners, operators, or any officers associated with the school bus contractor. The ombudsman shall develop and implement an appeal mechanism to resolve any dispute raised by a school bus driver, school bus contractor, or owner, operator, or officer associated with a school bus company concerning inclusion in the database;
(6) maintain a list of all persons barred from bidding on any pupil transportation contract pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as Assembly Bill No. 5818 or Senate Bill No. 3849 of 2021);
(7) render a decision as to whether a person shall be debarred from bidding on a pupil transportation contract pursuant to the provisions of P.L. ,c. (C. ) (pending before the Legislature as Assembly Bill No. 5818 or Senate Bill No. 3849 of 2021);
(8) collect and review the name, address, and contact information of school bus contractors and the owners of school bus contracting companies;
(9) determine if a board of education or contractor has failed to comply with the provisions of N.J.S.18A:39-20;
(10) review and recommend changes to the commissioner of the rules and regulations governing school bus safety; and
(11) any other duties the ombudsman deems appropriate to ensure the safety of school buses for students in the State.
b. The ombudsman shall treat communications received in the course of the ombudsman’s duties, including personally identifiable information regarding students, parents or guardians, school bus drivers, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the ombudsman to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not disclose or disseminate the information except as provided by applicable State or federal law.
c. As used in this section, “person” means an individual and any business, including any corporation, partnership, association, or proprietorship in which such individual is a principal, or with respect to which the individual owns, directly or indirectly, or controls any of the stock or other equity interest of such business.
3. The ombudsman shall
submit an annual report to the Governor, the Legislature pursuant to section 2
of P.L.1991, c.164 (C.52:14-19.1), and the New Jersey Motor Vehicle Commission
which includes a summary of the services provided, and enforcement actions
taken, by the ombudsman during the school year, and any specific
recommendations the ombudsman deems appropriate and necessary concerning the
oversight and management within the ombudsman’s purview.
4. This act shall take effect with the enactment into law of P.L. , c. (C. ) (pending before the Legislature as Assembly Bill No. 5818 or Senate Bill No. 3849 of 2021).