ASSEMBLY, No. 1358
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman STUHLTRAGER
An Act concerning pupil transportation and amending N.J.S.18A:39-1.
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. 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 has a population density, according to the most recent decennial Census, of less than 50 persons per square mile and is located in a county of the third class transportation shall be provided to a nonpublic school located within the State not more than 30 miles from the residence of the pupil; or 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 1991-92 school year and if such bid shall exceed said cost then the parent, guardian or other person having legal custody of the pupil shall be eligible to receive said amount 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 (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 $675 or the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a), 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.
(cf: P.L.1990, c.52, s.50)
2. This act shall take effect immediately and shall be applicable beginning with the 1992-93 school year.
STATEMENT
This bill would extend the limit for transportation of nonpublic school students to 30 miles in sparsely populated rural school districts. School districts are currently only required to provide transportation for a student attending a nonpublic school which is 20 miles or less from the student's residence. However, some school districts in rural, lightly populated counties do not have adequate nonpublic school choices within the 20 mile limit. This bill would allow students from districts with a population density of 50 persons per square mile or less in a county of the third class (Cumberland, Hunterdon, Salem, Sussex, and Warren) to receive transportation services or State aid if the nonpublic school of attendance is within 30 miles of the student's home.
Extends the limit for transportation of students in sparsely populated rural school districts to 30 miles.