S4621

An Act concerning transporting students with disabilities and supplementing chapter 39 of Title 18A of the New Jersey Statutes.

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

1. As used in this act, “student with a disability with special transportation requirements” means a student who is included in the variable P2 of subsection a. of section 15 of P.L.2007, c.260 (C.18A:7F-57).

2. Notwithstanding the provisions of the “Public School Contracts Law,” N.J.S.18A:18A-1 et seq., or any other law, rule, or regulation to the contrary, a board of education entering into a contract to provide transportation to a student with a disability with special transportation requirements shall not be required to award the contract to the lowest responsible bidder or vendor and shall instead award the contract to the bidder or vendor whose bid, conforming to the invitation for bids, will be most appropriate for the student with a disability with special transportation requirements and the board of education considering price, the outcome of the transportation meeting held pursuant to section 3 of this act, and other factors. A contract to provide transportation to a student with a disability with special transportation requirements shall otherwise be bid in accordance with N.J.S.18A:39-3, except for the requirement to award the contract to the lowest responsible bidder.

3. a. Upon first publicly advertising for a contract to provide transportation to a student with a disability with special transportation requirements and prior to awarding the contract, the board of education shall arrange a transportation meeting between the parent or guardian of the student, the bidder or vendor submitting a bid for the contract, the student’s case manager, and representatives from the school district, to discuss the transportation needs of the student and ensure the bidder or vendor can adequately perform the services necessary to transport the student in accordance with the student’s individualized education program.

b. The board of education shall consider the outcome of the transportation meeting held pursuant to subsection a. of this section when awarding a contract to provide transportation to a student with a disability with special transportation requirements and shall be prohibited from awarding the contract to a bidder or vendor who fails to demonstrate an ability to adequately perform the services necessary to transport the student in accordance with the student’s individualized education program.

4. This act shall take effect 180 days following the date of enactment, except that the Commissioner of Education may take any anticipatory administrative action, in advance of the effective date, as may be necessary to implement the provisions of this act.

STATEMENT

This bill requires a board of education to award certain transportation contracts for students with disabilities to the most appropriate bidder and requires the board of education to hold a transportation meeting prior to awarding these contracts.

Under the bill, a board of education entering into a contract to provide transportation to a student with a disability with special transportation requirements is required to award the contract to the bidder or vendor whose bid will be most appropriate for the student with a disability with special transportation requirements and the board of education considering price, the outcomes of the transportation meeting required by the bill, and other factors. This differs from current State law, which generally requires school transportation contracts to be awarded to the lowest responsible bidder.

Additionally, the bill requires a board of education to, prior to awarding contracts for the transportation of a student with a disability with special transportation requirements, arrange a transportation meeting with the parent or guardian of the student. The meeting would involve the parent or guardian, the bidder or vendor submitting bids on the contract, the student’s case manager, and representatives from the school district, to discuss the transportation needs of the student and ensure the bidder or vendor can adequately perform the services necessary to transport the student in accordance with the student’s individualized education program. The board of education is required to consider the outcome of the transportation meeting when awarding the transportation contract. The board is prohibited from awarding the contract to a bidder or vendor who fails to demonstrate an ability to adequately perform the services necessary to transport the student.