S4801

An Act concerning transportation of certain students, amending various parts of the statutory law, and supplementing P.L.1981, c.51 (C.18A:39-20.1).

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

1. (New section) As used in sections 1 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Alternative school vehicle” means a private vehicle or school-owned motor vehicle that is operated by a driver of an alternative student transportation provider and has a gross vehicle weight rating of 3,000 pounds or more, originally designed by the manufacturer with a maximum seating capacity of nine passengers or less, excluding the driver.

“Alternative student transportation provider” means an entity that enters into a contract with an educational agency pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to transport school children to and from school and related school activities in an alternative school vehicle pursuant to the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). An alternative student transportation provider shall not include a transportation network company as that term is defined in section 2 of P.L.2017, c.26 (C.39:5H-2).

“Driver of an alternative student transportation provider” or “driver” means either an individual employed by an alternative student transportation provider or an individual providing student transportation services pursuant to a contract with an alternative student transportation provider.

“Educational agency” means a board of education, educational services commission, county special services school district, jointure commission, or any other established State or local agency providing pupil transportation services.

2. (New section) a. Notwithstanding any other law, rule, or regulation to the contrary, an educational agency may enter into a contract with an alternative student transportation provider listed on the registry established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) to provide transportation services to and from school and related school activities in an alternative school vehicle for:

(1) homeless children pursuant to the provisions of section 3 of P.L.1989, c.290, (C.18A:7B-12.1);

(2) children who have been placed in the custody of the Division of Child Protection and Permanency in the Department of Children and Families;

(3) students with disabilities who are being served in out-of-district placements; and

(4) a student with disabilities being served in a school or placement within the district.

b. An educational agency that enters into a contract pursuant to this section to provide pupil transportation services to a student with special needs with an individualized education program or 504 plan shall ensure that the alternative student transportation provider has the capability to accommodate the individualized education program or 504 plan, as applicable, for each student receiving transportation services.

c. An educational agency that enters into a contract pursuant to this section shall provide written notification to the parent or guardian of any student who may be transported by an alternative student transportation provider prior to the transportation services commencing. This notification shall also provide the parent or guardian with the contact information for the alternative student transportation provider and a mechanism to report concerns.

d. A contract authorized pursuant to this section shall comply with all applicable bidding requirements for pupil transportation contracts pursuant to the applicable provisions of chapter 39 of Title 18A of the New Jersey Statutes and any applicable regulations promulgated by the State Board of Education.

3. (New section) a. The Department of Education shall establish a registration process for alternative student transportation providers that wish to contract with an educational agency pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). Each school year, an alternative student transportation provider shall:

(1) obtain a business registration certificate issued by the Division of Revenue in the Department of the Treasury or any other form of verification or proof of registration as may be approved by the division to establish that the alternative student transportation provider is registered with the Department of the Treasury;

(2) certify that each of its drivers meet the qualifications established pursuant to sections 6 and 7 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill), and all alternative school vehicles meet the inspection and insurance requirements established pursuant to sections 9 and 10 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill);

(3) attend any mandatory training offered by the Department of Education for new school bus contractors and receive a certificate of completion issued by the department; and

(4) receive a vendor code from the Department of Education.

b. An alternative student transportation provider that complies with subsection a. of this section shall contact an executive county superintendent, who shall assist the provider in the annual registration process and prepare the provider for contract bidding. The alternative student transportation provider shall promptly notify the executive county superintendent of any material changes related to its compliance with the provisions of subsection a. of this section.

c. An alternative student transportation provider that complies with the requirements of this section shall be certified by the Department of Education for placement on the registry established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. (New section) a. The Department of Education shall establish and maintain a central, searchable registry of alternative student transportation providers that are annually certified pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The registry shall include, but not be limited to:

(1) the name and contact information of the alternative student transportation provider;

(2) the vendor code of the alternative student transportation provider;

(3) the registration status, the date of the alternative student transportation provider’s most recent school transportation advisory review, and the registration expiration date of the provider pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(4) a listing of any county in which the alternative student transportation provider provides transportation services; and

(5) any additional information the department deems necessary.

c. The department shall make the registry publicly available on its Internet website.

5. (New section) a. The Department of Education shall establish a school transportation advisory review for an alternative student transportation provider that contracts with an educational agency pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). Each registered alternative student transportation provider shall be subject to a school transportation advisory review every three years. In conducting the review, the department shall evaluate:

(1) qualification files, training records, and the checks required pursuant to subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) for every driver of an alternative student transportation provider;

(2) vehicle inspection status and maintenance records of each alternative school vehicle used by the alternative student transportation provider;

(3) any emergency procedures and contingency plans implemented by the alternative student transportation provider;

(4) any relevant student-specific documentation;

(5) insurance certificates and business registration certificates; and

(6) any additional information the department deems necessary.

b. The department shall determine whether the information provided places the alternative student transportation provider into the registration status of active, pending, suspended, or expired. The department may establish guidance to assist alternative student transportation providers with these classifications.

c. The department shall promptly notify the alternative student transportation provider and each educational agency that contracts with that provider pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) of the provider’s registration status. If an alternative student transportation provider receives a classification of suspended or expired, the department shall remove the provider from the registry established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

d. In the years intervening between the three-year review, whenever the department receives a complaint regarding a safety concern, or determines that conditions exist that may pose a threat to the safety or wellbeing of students, the department may immediately conduct a school transportation advisory review for an alternative student transportation provider.

e. Nothing in this section shall preclude the department from conducting a random audit of an alternative student transportation provider.

6. (New section) a. A driver of an alternative student transportation provider shall only be deemed qualified to transport school children pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the driver:

(1) is at least 21 years of age;

(2) possesses a valid New Jersey driver's license for a minimum of three years;

(3) completes and passes a physical examination;

(4) completes a criminal history record check pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.), the review required pursuant to P.L.2018, c.5 (C.18A:6-7.6 et seq.), and a sex offender registry check;

(5) completes a child abuse record information check;

(6) undergoes a check for alcohol and drug-related motor vehicle violations similar to the check required pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1);

(7) completes the training requirements applicable to school bus drivers pursuant to P.L.2018, c.160 (C.18A:39-19.1a) and P.L.2015, c.123 (C.18A:39-19.2 et seq.) regarding appropriate procedures for interacting with students with special needs; and

(8) completes any other training requirements of the Department of Education for transporting students in smaller vehicles.

b. Notwithstanding any other law, rule, or regulation to the contrary, a driver of an alternative student transportation provider shall not be required to:

(1) possess a commercial driver license, as that term is defined in section 3 of P.L.1990, c.103 (C.39:3-10.11); or

(2) be a designated school employee, State employee, or parent of a student being transported pursuant to the requirements of section 1 of P.L.1981, c.51 (C.18A:39-20.1).

7. (New section) A driver of an alternative student transportation provider shall be permanently disqualified from providing pupil transportation services if:

a. the driver's license is currently revoked or suspended by the New Jersey Motor Vehicle Commission;

b. the driver's criminal history record reveals a record of conviction for which public school employment candidates are disqualified pursuant to section 1 of P.L.1986, c.116 (C.18A:6-7.1); or

c. the driver has been convicted for a violation of:

(1) R.S.39:4-50;

(2) section 2 of P.L.1981, c.512 (C.39:4-50.4a);

(3) section 2 of P.L.1966, c.142 (C.39:4-50.2); or

(4) a violation of subsection b. or subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).

8. (New section) a. A driver of an alternative student transportation provider qualified to provide transportation services pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall attest daily to the alternative student transportation provider that the driver has not received any citations that would disqualify the driver pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall also be subject to:

(1) weekly background checks performed by the alternative student transportation provider. The type of background check shall be selected by the Commissioner of Education, but shall include, at a minimum, evidence of a check for the driver’s record of alcohol- and drug-related motor vehicle violations;

(2) annual child abuse record information checks; and

(3) unannounced medical testing for the presence of alcohol, narcotics, or habit-producing drugs within the scope of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.).

b. The alternative student transportation provider shall:

(1) have access to the State’s online child abuse record information service to obtain the required child abuse record information check on behalf of drivers pursuant to paragraph (2) of subsection a. of this section and paragraph (5) of subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) provide the relevant State agencies with the appropriate consent from the drivers to conduct the checks required pursuant to subsection a. of this section;

(3) pay any costs associated with the checks required pursuant to subsection a. of this section;

(4) certify to the Department of Education, in a form and manner to be determined by the department, that the checks required pursuant to subsection a. of this section have been performed; and

(5) maintain a separate record for each driver, which record shall contain information regarding the driver’s qualifications pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the results of the checks required pursuant to subsection a. of this section. The record required to be maintained pursuant to this paragraph shall also be made available upon request to any educational agency contracting for services pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) or the department.

9. (New section) a. An alternative school vehicle shall meet the vehicle standards, registration, and inspection requirements for vehicles used to transport students to and from school or school-related activities established by the New Jersey Motor Vehicle Commission. At a minimum, an alternative school vehicle shall:

(1) be systematically inspected twice each year; and

(2) display a current vehicle inspection sticker authorizing the vehicle for school use.

b. (1) Notwithstanding any other law, rule, or regulation to the contrary, each alternative school vehicle shall be equipped with:

(a) an interior video camera to monitor the driver while the students are being transported;

(b) a global position system that provides information about the location and speed of each alternative school vehicle in real time; and

(2) The items required pursuant to paragraph (1) of this subsection shall only be activated after an educational agency receives written consent for the use of these items from the parent or guardian of any student who will be transported pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(3) Any video footage collected from a video camera and any global positioning system data collected from the global positioning system pursuant to this section shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.) or the common law concerning access to government records.

(4) Notwithstanding the provisions of any law, rule, or regulation to the contrary, any video footage collected from a video camera and any global positioning system data collected from the global positioning system installed pursuant to this section shall be retained for not less than 180 days from the date it was recorded.

10. (New section) a. An alternative student transportation provider shall furnish to each educational agency for which the provider is contracted for services pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) evidence of automobile liability insurance for bodily injury and property damage in a minimum amount of $1,500,000 combined single limit per occurrence for all alternative school vehicles used to transport students pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall comply with any other insurance requirements established by any applicable State law, rule, or regulation. The insurance certificate shall name the educational agency with which it contracts pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) as an additional insured.

b. Evidence of compliance with the automobile liability insurance requirements established by subsection a. of this section shall be submitted by the educational agency to the executive county superintendent in a form and manner determined by the Commissioner of Education.

11. Section 3 of P.L.1974, c.162 (C.39:3-19.3) is amended to read as follows:

The provisions of [this act] section 2 of P.L.1974, c.162 (C.39:3-19.2) shall not apply to buses used in common carrier line service and school transportation service whose owner meets the qualifications prescribed in [R.S. 39:3-19] R.S.39:3-19, alternative school vehicles authorized to transport students pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), or [to] any vehicle with a seating capacity of 16 or less [which] that is solely used to transport children to or from summer day camps or summer residence camps from May 15 to September 15 of any year.

(cf: P.L.1980, c.115, s.1)

12. Section 1 of P.L.1981, c.51 (C.18A:39-20.1) is amended to read as follows:

1. a. Notwithstanding any statute or regulation to the contrary, any board of education, governing body of a nonpublic school, or State agency may authorize qualified school personnel, State employees, or parents to transport school children to and from related school activities in a private vehicle with a capacity of eight or less. The board of education, governing body of a nonpublic school, or State agency may also designate school personnel to transport school children to and from school or school related activities in a private vehicle or school-owned vehicle with a capacity of eight or less. The designated personnel will only be deemed qualified to transport school children to and from school if the designated school personnel meet the following criteria:

(1) be at least 21 years of age;

(2) possess a New Jersey driver's license for a minimum of three years;

(3) have a completed physical on file with the school district or local education agency;

(4) have completed a criminal history background check by the New Jersey Department of Education and a Child Abuse Record Information check;

(5) submit a driving record for the past five years demonstrating evidence of no alcohol- or drug-related motor vehicle violations; and

(6) have completed the training program established in accordance with P.L.2015, c.123 (C.18A:39-19.2 et seq.) on appropriate procedures for interacting with students with special needs.

The designated personnel that meet these criteria [must] shall utilize a vehicle that does not exceed a maximum seating capacity of eight passengers, excluding the driver, to transport school children to and from school.

Any person authorized by a board, body, or agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. Such transportation shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of pupils by school bus. Evidence of appropriate automobile insurance requirements for the vehicle [must] shall be submitted by the board of education, governing body of a nonpublic school, or State agency to the Executive County Superintendent by a date set by the Commissioner of the New Jersey Department of Education.

Each year prior to transporting school children, the board of education, governing body of a nonpublic school, or State agency designating school personnel as qualified to transport school children to and from school pursuant to this [law must] section shall submit the list of designated drivers to the Executive County Superintendent by a date set by the Commissioner of the New Jersey Department of Education. Only school personnel submitted by that date [will] shall be eligible to transport school children to and from school for a given school year.

The board of education, governing body of a nonpublic school, or State agency designating school personnel as qualified to transport school children to and from school pursuant to this [law must] section shall also submit periodic copies of the designated personnel's driving record showing no alcohol- or drug-related motor vehicle violations or any other motor vehicle violations that would disqualify the driver's eligibility of transporting school children pursuant to Title 18A of the New Jersey Statutes and Title 39 of the Revised Statutes to the Executive County Superintendent by a date set, and at a frequency set, by the Commissioner of the New Jersey Department of Education. Failure to provide the requisite driving record within the prescribed time frame [will] shall result in the removal of that individual from the list of designated drivers.

b. Notwithstanding any statute or regulation to the contrary, any board of education, governing body of a nonpublic school, or State agency may authorize a person certified as a mobility assistance vehicle technician to transport a student with medical needs to and from school or related school activities in a mobility assistance vehicle. Any certified mobility assistance vehicle technician authorized by a board, body, or agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. Such transportation shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of students by a school bus.

Each year prior to transporting students, a certified mobility assistance vehicle technician who transports a student with medical needs in accordance with this section shall furnish to the executive county superintendent a criminal history background check and evidence of a check for the technician's record of alcohol- and drug-related motor vehicle violations.

For the purposes of this subsection, "student with medical needs" means a school-aged child who suffers from a life-threatening medical condition and, as a result of such condition, requires more individualized and continuous care.

(cf: P.L.2024, c.81, s.1)

13. 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 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 regarding matters related to school bus safety. The New Jersey Motor Vehicle Commission and the Department of Law and Public Safety shall, pursuant to a valid Memorandum of Understanding and to the extent permitted by law, share information 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] maintaining 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] rendering a decision as to whether a person shall be debarred from bidding on a pupil transportation contract pursuant to the provisions 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], alternative student transportation providers and drivers of alternative student transportation providers pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the owners of school bus contracting companies, and the owners of alternative student transportation providers pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill);

(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 rules and regulations governing school bus safety; [and]

(11) assisting with the maintenance of the registry of alternative student transportation providers pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(12) assisting with school transportation advisory reviews pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(13) 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)

14. This act shall take effect in the first full school year following the date of enactment.

STATEMENT

This bill regulates alternative student transportation providers and permits these providers to transport certain students in certain vehicles.

Under the bill, an educational agency may enter into a contract with an alternative student transportation provider listed on the registry established under the bill to provide transportation services to and from school and related school activities in an alternative school vehicle for: homeless children; children who have been placed in the custody of the Division of Child Protection and Permanency in the Department of Children and Families; students with disabilities who are being served in out-of-district placements; and a student with disabilities being served in a school or placement within the district. The bill requires the educational agency to provide written notice, as specified in the bill, to the parent or guardian of any student who may be transported pursuant to this bill.

The bill defines “educational agency” to mean a board of education, educational services commission, county special services school district, jointure commission, or any other established State or local agency providing pupil transportation services.

The bill establishes a registration and review process for alternative student transportation providers, qualifications and requirements for drivers of alternative student transportation providers, and imposes inspection and insurance requirements on alternative school vehicles.

Registration and Review Process

Currently, an entity seeking to become a certified school bus contractor is required to complete a process established by the Department of Education. This bill models this process for alternative student transportation providers by requiring among other items, the provider to obtain a business registration certificate, certify that the provider’s drivers and alternative school vehicles meet the requirements of the bill, and attend certain mandatory trainings offered by the department. Under the bill, the alternative student transportation provider is required to contact an executive county superintendent to assist with the annual registration process established under the bill.

The bill requires the department to establish a central, searchable registry of alternative student transportation providers, which registry is to be made publicly available on the department’s Internet website. The registry is to contain certain information, as outlined in the bill.

The bill also requires the department to complete a school transportation advisory review for alternative student transportation providers every three years. The department is required to group the alternative student transportation providers by active, pending, suspended, or expired registration status. The department is required to promptly notify the alternative student transportation provider and any contracted educational agency of the provider’s registration status. The bill provides that if an alternative school transportation provider’s registration status is suspended or expired, the alternative student transportation provider will be removed from the registry. The bill permits the department to conduct interim reviews if conditions exist that may pose a threat to the safety or wellbeing of students. The bill further permits the department to conduct random audits of alternative student transportation providers.

Driver Qualifications and Routine Checks

To transport students, the bill requires that a driver of an alternative student transportation provider: (1) is at least 21 years of age; (2) possesses a New Jersey driver’s license for a minimum of three years; (3) completes a physical examination; (4) completes a criminal history record check, sex offender registry check, and child abuse record information check; (5) undergoes checks for alcohol and drug-related motor vehicle violations; and (6) completes certain department trainings. The bill specifies certain convictions that will disqualify a driver of an alternative student transportation provider from providing transportation services. The bill does not require a driver to possess a commercial driver license or to be a designated school employee, State employee, or parent of a student being transported in certain smaller vehicles as required under other provisions of current law.

Under the bill, qualified drivers are required to attest daily to the alternative student transportation provider that the driver has not received any citations that would disqualify the driver pursuant to the provisions of the bill. The drivers are also subject to certain checks as specified in the bill, and unannounced medical testing for alcohol, narcotics, and habit-producing drugs. The alternative student transportation provider is to maintain a record of each driver’s qualifications and the results of the checks required under the bill.

Alternative School Vehicles

Under the bill, an alternative school vehicle is defined as a private vehicle or school-owned vehicle that is operated by a driver of an alternative student transportation provider and has a gross vehicle weight rating of 3,000 pounds or more, originally designed by the manufacturer with a maximum seating capacity of nine passengers or less, excluding the driver.

In addition to the vehicle standards, registration, and inspection requirements imposed on other school vehicles that transport students with a capacity of nine or less, the alternative school vehicles are to be inspected twice per year and display a current vehicle inspection sticker authorizing the vehicle for school use. However, the bill provides that alternative school vehicles do not need to be equipped with a special license plate as required under current law for other school vehicles.

Additionally, the bill requires each alternative school vehicle to be equipped with an interior video camera, a global positioning system, and two-way communications equipment. This equipment can only be activated after an educational agency receives written consent for the use of these items from the parent or guardian of any student who will be transported by the alternative student transportation provider.

Under the bill, an alternative student transportation provider is required to maintain automobile liability insurance for bodily injury and property damages in a minimum amount of $1.5 million combined single limit per occurrence for all alternative school vehicles used to transport students under the bill.

School Personnel Transporting Certain Students

Under current law, a board of education, governing body of a nonpublic school, or State agency is permitted to designate school personnel to transport school children to and from school in a vehicle with a capacity of eight or less provided the school personnel meet various requirements.

This bill clarifies that the school personnel may utilize a private or school-owned vehicle with a capacity of eight or less to transport school children to and from school or school related activities.