S1315

SENATE, No. 1315

STATE OF NEW JERSEY

INTRODUCED JUNE 6, 1996

By Senators LITTELL, EWING, Inverso, Bennett,

Kyrillos and LaRossa

An Act concerning school transportation, amending various parts of the statutory law and supplementing chapter 39 of Title 18A of the New Jersey Statutes and chapter 3B of Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares that:

a. Since 1906, New Jersey has been a pioneer in providing transportation to students who live remote from their school.

b. The New Jersey Department of Education has for many years played a leadership role in advocating and requiring a safe and reliable pupil transportation system.

c. At $249,400,000 in fiscal year 1996, the State aid for pupil transportation is more than the direct services budget for 13 of the 17 departments of State and is an amount which pays for 56% of the total cost of all pupil transportation in the State.

d. Recently two independent State level reports have called into question the integrity and cost effectiveness of the current system itself. The findings of these reports include:

(1) At $961, New Jersey's per pupil expenditure including State and local funds, is 60% higher than the next two highest states, Connecticut and Massachusetts.

(2) Additional research by the New Jersey School Boards Association indicates that if New Jersey's pupil transportation costs could be brought down to an amount no higher than neighboring states, then the current amount of State funding for this purpose would be adequate to transport all currently eligible pupils without the local contribution.

(3) While the State has made a commitment to provide transportation services to nonpublic school students who live within a twenty mile radius of the private school, more than 38%, or 33,000 qualified students are still not transported because due to inefficient routing, the costs for their transportation exceed the statutorily permitted amount of $675, thus necessitating State and local payments to those parents, which last year totaled over $22,000,000.

(4) Data from the Insurance Institute of Highway Safety indicates that, depending on the year, children walking to school are at from 3 to 5 times the risk of serious injury compared to those riding a school bus, yet New Jersey transports a smaller percentage of its pupils than any of its neighboring states.

e. Centralized bus routing software is widely available and used in other states to maximize the number of students which can be assigned to a given bus route. New Jersey also currently uses the smallest Type I bus in the country. Increasing the capacity of these buses to that which is safely used in other states would also aid efficiency.

f. Nothing less than a comprehensive overhaul of the current disjointed system of providing pupil transportation services will result in significant savings, savings which, in turn, can be used to address the related issues of non remote transportation, nonpublic school bussing and increased funds for general State aid to districts.

2. 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] If transportation for public school pupils is provided to and from school pursuant to this section, transportation shall be supplied to school pupils residing in [such] a 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]. If the per pupil cost of transporting a pupil attending a remote school, other than a public school, exceeds the Statewide average per pupil transportation cost, the parent, guardian or other person having legal custody of the pupil shall be required to pay the amount which exceeds the Statewide average or the pupil shall not be eligible for the transportation provided pursuant to this section. 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] county superintendent of schools 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] August 1 prior to the beginning 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] then the right to transportation for the school year shall be forfeited, except that pupils who establish residency in the school district after August 1 shall be eligible to apply for transportation, if otherwise eligible. 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.1992, c.33, s.1)

3. N.J.S.18A:39-1.1 is amended to read as follows:

18A:39-1.1. [In addition to the provision of transportation for pupils] While the county transportation coordinator shall provide all transportation services pursuant to N.J.S.18A:39-1 and N.J.S.18A:46-23, the board of education of any district may provide, by contract or otherwise, in accordance with law and the rules and regulations of the State board, for the transportation of other pupils to and from school and to and from extracurricular activities.

Districts shall not receive State aid pursuant to section 16 of P.L.1990, c.52 (C.18A:7D-18) for the transportation of pupils pursuant to this section.

(cf: P.L.1990, c.52, s.52)

4. Section 1 of P.L.1995, c.106 (C.18A:39-1.3) is amended to read as follows:

1. Any board of education [which transports pupils to and from school pursuant to N.J.S.18A:39-1] may enter into a contract 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, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to the contract, 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. A board of education may also enter into a contract 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 not for profit nonpublic school which satisfies the maximum distance requirements set forth in N.J.S.18A:39-1 and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to the contract, 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.

A board of education shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of this act.

(cf: P.L.1995, c.106, s.1)

5. N.J.S.18A:39-2 is amended to read as follows:

18A:39-2. a. Any board of education having power to provide for the transportation of school pupils in its district to and from school may provide such transportation by a bus or buses owned by it or may enter into contract for such transportation, approved by the county superintendent, for a term not exceeding 4 years.

All multiyear contracts made pursuant to the above taking effect subsequent to September 1, 1975 may, at the discretion of the local board of education, and subject to approval by the county superintendent, be increased not to exceed 7 1/2 annually of the original yearly contract cost beginning with the second year of the contract.

b. A county transportation coordinator may enter into contracts for the transportation of school pupils within the county. The contract shall be for a term not to exceed 4 years and shall be approved by the county superintendent.

(cf: P.L.1982, c.74, s.2)

6. N.J.S.18A:39-3 is amended to read as follows:

18A:39-3. a. No contract for the transportation of pupils to and from school shall be made, when the amount to be paid during the school year for such transportation shall exceed $7,500.00 or the amount determined pursuant to subsection b. of this section, and have the approval of the county superintendent of schools, unless the board of education or county transportation coordinator making such contract shall have first publicly advertised for bids therefor, in the case of the board of education, in a newspaper published in the district or, if no newspaper is published therein, in a newspaper circulating in the district, once, at least 10 days prior to the date fixed for receiving proposals for such transportation, and in the case of the county transportation coordinator, in a newspaper published in the county, once, at least 10 days prior to the date fixed for receiving proposals for such transportation, and shall have awarded the contract to the lowest responsible bidder.

Nothing in this chapter shall require the advertisement and letting on proposals or bids of annual extensions, approved by the county superintendent, of any contract for transportation entered into through competitive bidding when--

(1) Such annual extensions impose no additional cost upon the board of education, regardless of the fact that the route description has changed; or

(2) The increase in the original contractual amount as a result of such extensions does not exceed 30% thereof, regardless of the fact that the route description has changed or an aide has been added or removed; or

(3) (Deleted by amendment, P.L.1982, c.74.)

(4) The increase in the original contractual amount as a result of an extension exceeds 30% thereof, but the following apply to the extensions:

(a) The increase is directly attributable to a route change to accommodate new student riders or safety concerns; and

(b) The school destination remains unchanged from the original contract.

Any such extension as described in this paragraph shall be approved by the county superintendent of schools and shall be bid for the next school year.

Nothing in this chapter shall require the immediate bid of any contract renewal for the remainder of a school year in which the only change, in addition to route description, is the bus type. However, any such extension shall be approved by the county superintendent of schools and shall be bid for the next school year.

b. The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in subsection a. of this section, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L.1985, c.469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall, no later than June 1 of each odd-numbered year, notify all local school districts of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year.

(cf: P.L.1991, c.316, s.1)

7. N.J.S.18A:39-5 is amended to read as follows:

18A:39-5. At the time and place fixed in such advertisement for the submission of proposals the board of education, or any committee thereof authorized so to do, or any officer or employee of such board designated therefor, or the county transportation coordinator shall receive such proposals and immediately proceed to unseal the same and publicly announce the contents in the presence of the parties bidding or their agents, if such parties choose to be then and there present. Such board or the county transportation coordinator shall have the right to reject any and all bids. No proposals shall be opened previous to the hour designated in the advertisement and none shall be received thereafter.

(cf: N.J.S.18A:39-5)

8. Section 1 P.L.1973, c.248 (C.18A:39-6.1) is amended to read as follows:

1. In every contract for the transportation of pupils to and from school entered into by a board of education or the county transportation coordinator, the costs of furnishing the liability insurance coverage required under N.J.S. 18A:39-6 shall be based on the insurance rate applicable only to such transportation.

(cf: P.L.1973, c.248, s.1)

9. N.J.S.18A:39-12 is amended to read as follows:

18A:39-12. Any such joint transportation shall be provided under the terms of an agreement adopted by resolution of each of the boards of education concerned wherein shall be set forth the essential information concerning the transportation to be provided, the method of computing the proportion of the cost each party to the agreement shall assume [, and the proportion of the state aid to which each district shall be entitled], and any other matters deemed necessary to carry out the purposes of the agreement.

(cf: N.J.S.18A:39-12)

10. N.J.S.18A:39-18 is amended to read as follows:

18A:39-18. In each school year, prior to the beginning of transportation of school pupils under a contract awarded by a board of education or the county transportation coordinator, the contractor shall furnish to the county superintendent the name, social security number, and certification of a valid school bus driver's license and criminal background check of each driver or substitute driver to be assigned to any vehicle in the performance of his contract.

(cf: P.L.1989, c.104, s.2)

11. (New section) a. There shall be a county transportation coordinator in each office of the county superintendent of schools, except as provided in subsection b. of this section. Subject to the approval of the county superintendent of schools and under the general supervision of the Bureau of Pupil Transportation in the Department of Education, the county transportation coordinator shall undertake all activities to promote the safe and efficient transportation of students to and from public and nonpublic schools pursuant to N.J.S.18A:39-1 and N.J.S.18A:46-23. The duties of the county transportation coordinator shall include:

(1) determining routes for the most efficient loading of busses at all time within the county. In determining the routes, the county transportation coordinator shall consider the safety of the students being transported;

(2) the placing of all routes within the county for bid and the awarding of the bid to the lowest responsible bidder;

(3) determining the apportionment of local district costs;

(4) determining the appropriate opening and closing times and school calendars of public and nonpublic schools to effectuate the purposes of this act. Any impact of a change in workday for a school board employee shall not be negotiable during the current contract period;

(5) the coordination with other county transportation coordinators of the transportation of students across county lines whenever, in the judgment of the coordinators, those routes would make economic sense; and,

(6) assisting a local board of education, at the board's request, with the coordination of transportation provided by the board of education for pupils to and from school and for extracurricular activities.

b. A county educational services commission which is providing coordinated transportation services on the effective date of this act, and which can demonstrate to the Commissioner of Education its ability to expand those services to include all of the districts and nonpublic schools in the county, may be designated by the Commissioner of Education as the county transportation coordinator. The Commissioner of Education shall evaluate and provide a cost analysis of the transportation services provided by the county educational services commission and determine whether a county transportation coordinator should be appointed.

c. Payment of the local district costs for transportation, as apportioned by the county transportation coordinator pursuant to paragraph (3) of subsection a. of this section, shall be an obligation of the school district and payments shall be made to the county transportation coordinator during the school year in a manner determined by the Commissioner of Education.

12. (New section) The maximum permissible seating capacity of a Type I school bus shall not be in excess of 66. The maximum overall length of the bus shall not exceed 40 feet and the maximum overhang of the body to the rear of the rear axle shall not exceed one-third of the total length of the bus. A minimum of 15 inches of seat space shall be provided for each passenger.

13. (New section) Nothing in this act shall limit or diminish in any way any of the provisions for transportation for children pursuant to chapter 46 of Title 18A of the New Jersey Statutes.

14. (New section) Notwithstanding any law to the contrary, the State shall pay 100% of the cost of transportation services provided pursuant to N.J.S.18A:39-1, except for the costs of transporting a pupil attending a remote school, other than a public school, which exceeds the Statewide average per pupil transportation cost.

15. The following sections are hereby repealed:

P.L.1981, c.57, s.2 (C.18A:39-1a);

P.L.1992, c.33, s.3 (C.18A:39-1b);

N.J.S.18A:39-1.1; and

N.J.S.18A:39-15.

16. This act shall take effect immediately and shall first apply to the school year following enactment.

STATEMENT

This bill establishes a county transportation coordinator in each office of the county superintendent of schools. The duties of the county transportation coordinator will include:

(1) determining routes for the most efficient loading of busses at all times within the county;

(2) the placing of all routes within the county for bid;

(3) determining the apportionment of local district costs and State aid for all routes;

(4) determining the appropriate opening and closing times and school calendars of public and nonpublic schools;

(5) the coordination with other county transportation coordinators of the transportation of students across county lines; and

The bill would permit a county educational services commission that is providing coordinated transportation services on the effective date of the act, to demonstrate its ability to expand those services to include all the districts and nonpublic schools in the county and to be designated by the Commissioner of Education as the county transportation coordinator.

The bill provides that in the case of a pupil attending a remote school other than a public school, if the per pupil cost of transporting this pupil exceeds the Statewide average, the parent, guardian or other person having legal custody of the pupil will be required to pay the amount which exceeds the Statewide average or the pupil will not be eligible for transportation services. The current system of providing in lieu of transportation payments to the parent, guardian or person having legal custody of a pupil attending a nonpublic school would be eliminated.

The establishment of county transportation coordinators will create a more efficient pupil transportation system that will be less costly. Pursuant to the bill, the State will assume 100% of the costs of mandatory pupil transportation. Therefore, the savings that will result from a more efficient system will be able to be used by local school districts for such programs as property tax relief, educational programming and courtesy bussing along hazardous routes.

Establishes county transportation coordinator for all school bus routes.