S4327

An Act concerning school district hazardous routes, supplementing chapter 39 of Title 18A of the New Jersey Statutes and P.L.2007, c.260 (C.18A:7F-43 et al.), and repealing section 2 of P.L.1999, c.310.

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

1. a. The Commissioner of Education, in consultation with the Commissioner of Transportation, shall establish criteria for designating school district hazardous routes for the purpose of providing courtesy busing along those routes to students who are not remote.

b. The criteria shall include:

(1) in the case of walkways parallel to the road, the route shall be considered a hazardous route, if the traffic volume on the road exceeds a rate of 180 vehicles per hour, per direction, during school arrival or dismissal periods, and there is not an area at least four feet wide adjacent to the road, not including drainage ditches, sluiceways, swales, or channels, having a surface upon which students may walk without being required to walk on the road surface. In addition, if the road along which the student is required to walk is uncurbed and has a posted speed limit of 50 miles per hour or greater, the area described in this paragraph which the student is required to walk shall be set off the road by no less than three feet from the edge of the road.

Traffic volume shall be determined by the most current traffic engineering study conducted by the State or a local government entity;

(2) in the case of walkways perpendicular to the road, the route shall be considered a hazardous route, if the traffic volume on the road exceeds the rate of 360 vehicles per hour, per direction, including all lanes, during school arrival or dismissal periods at an uncontrolled site, which uncontrolled site means a site where no crossing guard, traffic enforcement officer, or stop sign or other traffic control signal is present during the times students walk to and from school.

Traffic volume shall be determined in the same manner that traffic volume is determined under paragraph (1) of this subsection; and

(3) The route shall be considered a hazardous route if a student is required to:

(a) traverse an at-grade main-line railroad crossing;

(b) cross a limited-access highway or interstate that is without a dedicated pedestrian grade separation;

(d) cross an arterial roadway of five or more through lanes with posted speed of 40 miles per hour or greater.

c. The criteria may include:

(1) sidewalk conditions, blind curves, or steep grades that present demonstrable safety risks;

(2) environmental conditions, such as flooding, icing, or lighting;

(3) social conditions, such as crime density or vacant building concentration;

(4) weather-related seasonal designations;

(5) stricter thresholds for criteria included in this subsection in the case of students in preschool and elementary school; and

(6) stricter thresholds for criteria included in this subsection in the case of students attending school in an urban setting.

2. a. A school district shall submit to the Commissioner of Education a joint certification by the school district and the State or local entity responsible for the road, that a route is designated as a hazardous route in accordance with criteria established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The State Board of Education shall promulgate rules and regulations in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to establish:

(1) inspection and documentation protocols for a joint certification by a school district and the State or a local entity regarding the designation of a route as hazardous;

(2) standard forms for the certification, decertification, and recertification of a hazardous route;

(3) procedural rules for resolving disagreements between a school district and the State or a local entity regarding the designation of a hazardous route;

(4) annual recertification and decertification requirements for designated hazardous routes; and

(5) data reporting requirements for school districts and the State and local entities regarding the designation of hazardous routes.

3. a. Each school district and county vocational school district shall receive categorical State aid for students who receive courtesy busing services along a hazardous route designated pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Commissioner of Education shall determine the per pupil amount of hazardous route State aid. For subsequent school years, the per pupil amount shall be established in the Educational Adequacy Report with the per pupil amount adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

b. As a condition of receiving hazardous route State aid, the commissioner may require a school district to demonstrate:

(1) that there are no reasonable alternative transportation options available other than the hazardous route; and

(2) steps taken toward long-term plans to correct the hazardous conditions on the route.

4. Section 2 of P.L.1999, c.310 (C.18A:39-1.5) is repealed.

5. This act shall take effect immediately shall first apply in the second full school year following the date of enactment.

STATEMENT

This bill requires the Commissioner of Education, in consultation with the Commissioner of Transportation, to establish criteria for designating hazardous routes for the purpose of providing courtesy busing along those routes to students who are not remote.

The bill specifies certain criteria that will be considered a hazardous route. These criteria include:

(1) in the case of walkways parallel to the road, if the traffic volume on the road exceeds a rate of 180 vehicles per hour, per direction, during school arrival or dismissal periods, and there is not an area at least four feet wide adjacent to the road having a surface upon which students may walk without being required to walk on the road surface. In addition, if the road along which the student is required to walk is uncurbed and has a posted speed limit of 50 miles per hour or greater, the area described above upon which the student is required to walk must be set off the road by no less than three feet from the edge of the road;

(2) in the case of walkways perpendicular to the road, if the traffic volume on the road exceeds the rate of 360 vehicles per hour, per direction during school arrival or dismissal periods at an uncontrolled site, which is defined as a site where no crossing guard, traffic enforcement officer, or stop sign or other traffic control signal is present during the times students walk to and from school;

(3) if a student is required to traverse an at-grade main-line railroad crossing;

(4) if a student is required to cross a limited-access highway or interstate that is without a dedicated pedestrian grade separation;

(5) if a student is required to cross a bridge or overpass without a separated pedestrian accommodation; or

(6) if a student is required to cross an arterial roadway of five or more through lanes with posted speed of 40 miles per hour or greater.

Certain other criteria are listed in the bill as criteria which may be considered in the designation of a hazardous route.

The bill provides that a school district and the State or local entity responsible for the road, will submit to the Commissioner of Education a joint certification designating a route as hazardous, in accordance with the criteria prescribed by the commissioner. It will be the State Board of Education’s responsibility to promulgate regulations to establish: inspection and documentation protocols for a joint certification; standard forms for certification, decertification, and recertification of a hazardous route; rules for resolving disagreements between a school district and the governmental entity responsible for the road regarding the designation of a hazardous route; annual recertification and decertification requirements; and data reporting requirements.

The bill establishes categorical State aid for students who receive courtesy busing services along a hazardous route designated pursuant to the provisions of the bill. The commissioner will determine the per pupil amount of hazardous route State aid. For subsequent school years, the per pupil amount will be established in the Educational Adequacy Report.

The bill repeals a section of law that concerned the designation of hazardous routes and provided broad criteria for that designation.