A2484

An Act concerning school transportation and amending P.L.2005, c.84.

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

1. Section 1 of P.L.2005, c.84 (C.18A:39-11.2) is amended to read as follows:

1. a. Except as provided in subsection g. of this section, the provision of transportation services to a local school district by a cooperative transportation services agency, educational services commission, county special services school district, [jointure commission] or other public entity, other than a local school district using school buses it owns or leases or a jointure commission providing transportation services to pupils using school buses it owns or leases, shall be subject to the bidding requirements and requirements concerning the renewal of transportation contracts set forth in chapter 39 of Title 18A of the New Jersey Statutes, including the requirements concerning the advertisement for bids, the submission of quotations and the renewal of contracts.

b. The cooperative transportation services agency, educational services commission, county special services school district, [jointure commission] or other public entity other than a local school district or jointure commission providing transportation services to pupils using school buses it owns or leases shall adhere to every substantial bid specification for a pupil transportation contract, including bonding requirements.

c. The cooperative transportation services agency, educational services commission, county special services school district, [jointure commission] or other public entity other than a local school district or jointure commission providing transportation services to pupils using school buses it owns or leases that is intending to bid for transportation services shall be precluded from preparing specifications. Specifications shall be prepared by the local school district seeking transportation services or by any other cooperative transportation services agency, as designated by the Commissioner of Education, that is not bidding.

d. The cooperative transportation services agency, educational services commission, county special services school district, [jointure commission] or other public entity other than a local school district or jointure commission providing transportation services to pupils using school buses it owns or leases shall not charge any fee above the bid price.

e. A local school district may negotiate and award a contract for transportation services with a cooperative transportation services agency, educational services commission, county special services school district, [jointure commission] or other public entity other than a local school district or jointure commission providing transportation services to pupils using school buses it owns or leases if the provisions of subsection c. of N.J.S.18A:18A-5 have been met.

f. The following forms, prescribed by the Commissioner of Education, shall be included in any bid submitted by a cooperative transportation services agency, educational services commission, county special services school district, [jointure commission] or other public entity other than a local school district or jointure commission providing transportation services to pupils using school buses it owns or leases to provide transportation services:

(1) if applicable, a membership form for the cooperative transportation services agency, educational services commission, or county special services school district [or jointure commission] indicating each member school district and the name of each member school district's superintendent;

(2) a form indicating the transportation experience of the bidder;

(3) a non-collusion form indicating that the bidder has not drafted specifications or route descriptions for the local board of education that is seeking transportation services;

(4) an affirmative action statement; and

(5) a bidder's guarantee in an amount required pursuant to statute and regulation.

g. The provisions of this section shall not apply to:

(1) an educational services commission [or a jointure commission] for the provision of transportation services to pupils who reside in school districts which, as of January 1, 2004, are members of the educational services commission [or jointure commission], if, as of that date, the educational services commission owns or leases school buses and is providing pupil transportation;

(2) an educational services commission [or jointure commission] for the provision of transportation services to pupils who reside in school districts which are located in a county of the first class and which are not members of the educational services commission [or jointure commission] and which, as of January 1, 1999, have been receiving pupil transportation from that commission with buses the commission owns or leases;

(3) a county special services school district for the provision of transportation services to pupils who are enrolled in the county special services school district or pupils enrolled in nonpublic schools who reside within the county, if, as of January 1, 2004, the district owns or leases school buses and is providing pupil transportation; and

(4) a county special services school district for the provision of special education transportation for pupils residing within that county or within a contiguous county, if, as of January 1, 2004, the county special services school district is located in a county of the fifth class, and has been providing special education transportation with buses it owns or leases.

(cf: P.L.2005, c.84, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill permits jointure commissions to provide transportation services on school buses it owns or leases to local school districts without public bidding. Under current law, a jointure commission providing transportation services on school buses that it owns or leases are subject to public bidding requirements for any public school districts that were not member districts of the jointure commission as of January 1, 2004.

This bill authorizes jointure commissions to provide transportation services in the same manner as certain other public entities providing transportation to pupils using school buses that they own or lease. These changes will allow jointure commissions to provide transportations services in a more cost effective manner.