S3430

An Act concerning school bus safety and amending P.L.2021, c.471.

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

1. Section 2 of P.L.2021, c.471 (C.18A:39-35) is amended to read as follows:

2. a. The duties of the Office of School Bus Safety shall include, but [need] shall not be limited to, the following:

(1) reviewing 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) obtaining statements of assurance from school districts or contractors that 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) are complete;

(3) assisting in the development of a student information card pursuant to section 3 of P.L.2015, c.123 (18A:39-19.4);

(4) reviewing 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) coordinating with the New Jersey Motor Vehicle Commission and the Department of Law and Public Safety on the sharing of information, records, and data regarding matters related to school bus safety. The [Motor Vehicle Commission] commission and the [Department of Law and Public Safety] department shall, pursuant to a valid Memorandum of Understanding and to the extent permitted by law, share information, records, and data with the office to assist in effectuating the provisions of [this act] P.L.2021, c.471 (C.18A:39-34 et seq.);

(6) maintain a list of all persons barred from bidding on any pupil transportation contract pursuant to section 3 of P.L.2021, c.307 (C.18A:39-11.5);

(7) render a decision as to whether a person shall be debarred from bidding on a pupil transportation contract pursuant to the provisions of section 3 of P.L.2021, c.307 (C.18A:39-11.5);

(8) collecting and reviewing the name, address, and contact information of school bus contractors and the owners of school bus contracting companies;

(9) determining if a board of education or contractor has failed to comply with the provisions of N.J.S.18A:39-20;

(10) reviewing [and recommending changes to the commissioner of] the laws, rules, and regulations governing school bus safety , and recommending legislative and executive action to the Legislature and the commissioner; [and]

(11) identifying the status of implementation of past recommendations for additional action or oversight made by any entity formed pursuant to law or executive action to review and improve school bus safety; and

(12) any other duties the commissioner deems appropriate to ensure the safety of school buses for students in the State.

b. The office shall treat communications received in the course of the office'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 office 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 Department of Education 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.

(cf: P.L.2021, c.471, s.2)

2. Section 3 of P.L.2021, c.471 (C.18A:39-36) is amended to read as follows:

3. a. The Department of Education shall submit an initial report to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which includes a summary of the services provided, recommendations for legislative and executive action concerning school bus safety, and any enforcement actions taken by the Office of School Bus Safety.

b. A report shall be issued annually thereafter to the Legislature and the Commissioner of Education by the Office of School Bus Safety containing:

(1) recommendations for legislative and executive action to strengthen school bus safety laws and regulations;

(2) the status of implementing past recommendations for legislative and executive action concerning school bus safety from any entity formed pursuant to law or executive action, if applicable;

(3) a review of student transportation safety information, records, and data;

(4) services provided and enforcement actions taken by the office; and

(5) any other specific recommendations the office deems appropriate and necessary concerning the oversight and management within the department's purview.

(cf: P.L.2021, c.471, s.3)

3. This act shall take effect immediately.

STATEMENT

This bill expands the duties of the Office of School Bus Safety. Under the bill, the office is tasked with reviewing the laws, rules, and regulations governing school bus safety, and recommending legislative and executive action to the Legislature and the Commissioner of Education. The bill also requires the office to identify the status of implementation of past recommendations for additional action or oversight made by any entity formed pursuant to law or executive action to review and improve school bus safety.

Current law requires the Department of Education to submit an initial report to the Governor and to the Legislature on the activities of the Office of School Bus Safety. The bill requires the initial report to additionally include recommendations for legislative and executive action.

Additionally, under current law, the office is required to annually submit a report to the commissioner after the submission of the initial report. The report currently requires the office to offer specific recommendations concerning the oversight and management of school bus safety issues within the department’s purview. The bill requires that this report also be submitted to the Legislature. The report is to additionally include:

(1) recommendations for legislative and executive action to strengthen school bus safety laws and regulations;

(2) the status of implementing past recommendations for legislative and executive action concerning school bus safety from any entity formed pursuant to law or executive action, if applicable;

(3) a review of student transportation safety information, records, and data; and

(4) services provided and enforcement actions taken by the office.