18A:39-1.3 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2001 CHAPTER: 65 NJSA: 18A:39-1.3 (Pupil transportation - subscription) BILL NO: S2097 (Substituted for A3213) SPONSOR(S): Kyrillos and McNamara DATE INTRODUCED: February 8, 2001 COMMITTEE: ASSEMBLY: ---- SENATE: ---- AMENDED DURING PASSAGE: No DATE OF PASSAGE: ASSEMBLY: March 8, 2001 SENATE: February 15, 2001 DATE OF APPROVAL: April 19, 2001 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL (Original version of bill enacted) S2097 SPONSORS STATEMENT: (Begins on page 4 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: No SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No A3213 SPONSORS STATEMENT: (Begins on page 4 of original bill) Yes Bill and Sponsors Statement identical to S2097 COMMITTEE STATEMENT: ASSEMBLY: No SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: Yes S1203 SPONSORS STATEMENT: (Begins on page 4 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: Yes FLOOR AMENDMENT STATEMENT: Yes LEGISLATIVE FISCAL ESTIMATE: Yes A2501 SPONSORS STATEMENT: (Begins on page 4 of original bill) Yes Bill and sponsor’s statement identical to S1203 COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: Yes Identical to fiscal estimate for S1203 VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: No SENATE, No. 2097 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED FEBRUARY 8, 2001 Sponsored by: Senator JOSEPH M. KYRILLOS, JR. District 13 (Middlesex and Monmouth) Senator HENRY P. MCNAMARA District 40 (Bergen and Passaic) Co-Sponsored by: Senators Bennett, Palaia, Inverso, Turner, Assemblymen Azzolina, Thompson, Assemblywoman Farragher, Assemblymen Blee and Felice SYNOPSIS Expands the role of the county superintendent in pupil transportation matters and permits school districts to offer subscription busing to additional students. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 3/9/2001) S2097 KYRILLOS, MCNAMARA 2 1 AN ACT concerning pupil transportation, amending P.L.1995, c.106 2 and P.L.1997, c.53 and supplementing chapter 39 of 18A of the 3 New Jersey Statutes. 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. Section 1 of P.L.1995, c.106 (C.18A:39-1.3) is amended to read 9 as follows: 10 1. Any board of education which transports pupils to and from 11 school pursuant to N.J.S.18A:39-1 or a cooperative transportation 12 services agency may enter into a contract for the transportation of 13 [elementary] public school pupils [who live less than two miles from 14 school and secondary school pupils who live less than two and a half 15 miles from school] who are not eligible for transportation services 16 pursuant to N.J.S.18A:39-1 or any other law, and may require that if 17 the parent, guardian or other person having legal custody of the child 18 elects to have the pupil transported pursuant to the contract, then the 19 parent, guardian or other person having legal custody of the child shall 20 pay all or a part of the costs of that transportation, including, but not 21 limited to, the cost of fuel, driver salaries and insurance. A board of 22 education or a cooperative transportation services agency may also 23 enter into a contract for the transportation of [elementary school 24 pupils who live less than two miles and secondary school] pupils who 25 [live less than two and a half miles from any] attend not for profit 26 nonpublic [school which satisfies the maximum distance requirements 27 set forth in N.J.S.18A:39-1] schools and who are not eligible for 28 transportation services pursuant to N.J.S.18A:39-1 or any other law 29 or who receive in-lieu-of transportation payments, and may require 30 that if the parent, guardian or other person having legal custody of the 31 child elects to have the pupil transported pursuant to the contract, then 32 the parent, guardian or other person having legal custody of the child 33 shall pay all or a part of the costs of that transportation, including, but 34 not limited to, the cost of fuel, driver salaries and insurance. 35 The costs of the transportation shall be paid at the time and in the 36 manner determined by the board of education or the cooperative 37 transportation services agency, provided that the parent, guardian or 38 other person having legal custody of the pupil attending the public or 39 nonpublic school shall pay no more than the per pupil cost of the route 40 for the transportation provided pursuant to this section. 41 Boards of education shall not receive State transportation aid 42 pursuant to section 25 of P.L.1996, c.138 (C.18A:7F-25) for the EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. S2097 KYRILLOS, MCNAMARA 3 1 transportation of pupils pursuant to this section; however, the pupils 2 shall be included in the calculation of the district's regular vehicle 3 capacity utilization for purposes of the application of the incentive 4 factor pursuant to that section. 5 A board of education shall notify the Department of Education 6 when it elects to provide transportation for pupils under the provisions 7 of this act. 8 (cf: P.L.1995, c.106, s.1) 9 10 2. Section 1 of P.L.1997, c.53 (C.18A:39-11.1) is amended to read 11 as follows: 12 1. a. The Commissioner of Education shall identify and publish a 13 list of local school boards of education, educational services 14 commissions, county special services school districts, and any other 15 established agencies providing cooperative transportation services. 16 b. Any school district responsible for the transportation of pupils 17 to and from a school, other than a local district school, pursuant to 18 N.J.S.18A:39-1 which transports pupils to a county vocational school 19 and pupils classified pursuant to chapter 46 of Title 18A of the New 20 Jersey Statutes shall utilize one of the agencies identified by the 21 commissioner for the transportation of the pupils. Transportation by 22 one of the agencies shall not be required when the local district can 23 provide transportation at a lower cost than those agencies, or the 24 transportation to be provided by one of the agencies does not fall 25 within the policies of the resident school district regarding length of 26 ride and assignment of students to a route based on student age or 27 classification . 28 c. (1) A board of education shall bid or coordinate nonpublic 29 school transportation services with another school district or a 30 cooperative transportation services agency in accordance with criteria 31 established by the commissioner. 32 (2) Any school district which has in the prior year provided 33 payments in lieu of transportation for any nonpublic school pupil 34 pursuant to N.J.S.18A:39-1, or which cannot provide transportation 35 in the ensuing school year in accordance with the commissioner's 36 criteria, shall attempt to provide transportation through an agency 37 identified by the commissioner prior to determining to pay aid in lieu 38 of transportation. The school district shall provide to the agency any 39 unique limitations or restrictions of the required transportation. If the 40 costs to provide transportation by the agency identified by the 41 commissioner are less than the in-lieu-of payments, the agency shall 42 provide transportation. The school district shall make the 43 determination on the manner in which transportation services shall be 44 provided and shall notify the nonpublic school and the parent or 45 guardian of the nonpublic school pupil by August 1 prior to the 46 beginning of the school year. For the purposes of this subsection, S2097 KYRILLOS, MCNAMARA 4 1 "costs to provide transportation" shall not include any administrative 2 fee charged by the agency. If the sum of the costs to provide 3 transportation plus any administrative fee charged by the agency 4 exceeds on a per pupil basis the maximum amount for nonpublic 5 school transportation established pursuant to section 2 of P.L.1981, 6 c.57 (C.18A:39-1a), the board of education may apply to the 7 commissioner for that portion which exceeds the maximum amount. 8 d. The county superintendents shall: 9 (1) assist local boards of education and the chief school 10 administrators of nonpublic schools in coordinating the calendars and 11 schedules of the public and nonpublic schools to facilitate the 12 coordination of transportation of pupils to and from school in their 13 respective county: 14 (2) arbitrate any disputes between local boards of education and 15 the chief school administrators of nonpublic schools regarding pupil 16 transportation; and 17 (3) convene a meeting, at least once a year, of representatives of 18 all public and nonpublic schools in the county to discuss issues related 19 to pupil transportation. 20 (cf: P.L.1997, c.53, s.1) 21 22 3. (New section) A board of education shall consult with the 23 appropriate nonpublic school administrators seeking such consultation 24 prior to preparing bus routes for the transportation of nonpublic 25 school pupils for the school year and in a timely manner that allows 26 sufficient time to publicly advertise for bids. 27 28 4. (New section) The State Board of Education shall adopt, 29 pursuant to the "Administrative Procedure Act," P.L.1968, c.410 30 (C.52:14B-1 et seq.), rules and regulations necessary to implement the 31 provisions of this act. 32 33 5. This act shall take effect immediately and shall first apply to the 34 2001-2002 school year. 35 36 37 STATEMENT 38 39 This bill makes various changes to the laws governing pupil 40 transportation in order to make the system more efficient. The bill 41 expands the role of the county superintendents in the area of pupil 42 transportation by requiring them to arbitrate disputes between boards 43 of education and the chief school administrators of nonpublic schools 44 and convene meetings, at least once a year, of representatives of all 45 public and nonpublic schools in the county to discuss issues related to 46 pupil transportation. S2097 KYRILLOS, MCNAMARA 5 1 The bill also permits school districts and cooperative transportation 2 services agencies to enter into contracts to provide subscription busing 3 to all public and nonpublic school students who are not otherwise 4 eligible for transportation services or, in the case of nonpublic school 5 students, are receiving in-lieu-of transportation payments. Under 6 current law, a school district may enter into such contracts for 7 students who are not eligible due to the fact that they do not live 8 remote from school. Under this bill, the district or agency could 9 choose to serve any student who is ineligible, regardless of the reason 10 for ineligibility. 11 As is also the case under existing law, the bill would require the 12 parent, guardian or other person having legal custody of the child 13 being transported to pay all or a part of the costs of the transportation, 14 including, but not limited to, the cost of fuel, driver salaries and 15 insurance. The bill stipulates, however, that the parent, guardian or 16 other person having legal custody of a pupil attending a public or 17 nonpublic school would pay no more than the per pupil cost of the 18 route for the transportation. Under existing law, a child who 19 participates in this type of busing could not be excluded from the 20 program due to financial hardship and this provision remains in effect 21 under this bill. 22 A school district would not receive State transportation aid for 23 school pupils transported under the provisions of the bill; however, the 24 pupils would be included in the calculation of the district's regular 25 vehicle capacity utilization under the transportation aid formula for 26 purpose of calculating the efficiency of the district's transportation 27 services. 28 The bill requires boards of education to consult with the 29 appropriate nonpublic school administrator prior to preparing bus 30 routes for nonpublic school pupils and in sufficient time to publicly 31 advertise for bids if the administrator requests such consultation. 32 Pursuant to the bill, a board of education must bid or coordinate 33 nonpublic school transportation services with another school district 34 or a cooperative transportation services agency in accordance with 35 criteria established by the Commissioner of Education. The bill also 36 provides that if the per pupil cost for the provision of nonpublic school 37 transportation services to be paid by a school district to a cooperative 38 transportation services agency, including any administrative cost, 39 exceeds the nonpublic aid in-lieu-of payment amount, the district may 40 apply to the commissioner for that portion of the cost which exceeds 41 the aid in-lieu-of amount. ASSEMBLY, No. 3213 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED JANUARY 29, 2001 Sponsored by: Assemblyman JOSEPH AZZOLINA District 13 (Middlesex and Monmouth) Assemblyman SAMUEL D. THOMPSON District 13 (Middlesex and Monmouth) Co-Sponsored by: Assemblywoman Farragher, Assemblymen Blee and Felice SYNOPSIS Expands the role of the county superintendent in pupil transportation matters and permits school districts to offer subscription busing to additional students. CURRENT VERSION OF TEXT As introduced. A3213 AZZOLINA, THOMPSON 2 1 AN ACT concerning pupil transportation, amending P.L.1995, c.106 2 and P.L.1997, c.53 and supplementing chapter 39 of 18A of the 3 New Jersey Statutes. 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. Section 1 of P.L.1995, c.106 (C.18A:39-1.3) is amended to read 9 as follows: 10 1. Any board of education which transports pupils to and from 11 school pursuant to N.J.S.18A:39-1 or a cooperative transportation 12 services agency may enter into a contract for the transportation of 13 [elementary] public school pupils [who live less than two miles from 14 school and secondary school pupils who live less than two and a half 15 miles from school] who are not eligible for transportation services 16 pursuant to N.J.S.18A:39-1 or any other law, and may require that if 17 the parent, guardian or other person having legal custody of the child 18 elects to have the pupil transported pursuant to the contract, then the 19 parent, guardian or other person having legal custody of the child shall 20 pay all or a part of the costs of that transportation, including, but not 21 limited to, the cost of fuel, driver salaries and insurance. A board of 22 education or a cooperative transportation services agency may also 23 enter into a contract for the transportation of [elementary school 24 pupils who live less than two miles and secondary school] pupils who 25 [live less than two and a half miles from any] attend not for profit 26 nonpublic [school which satisfies the maximum distance requirements 27 set forth in N.J.S.18A:39-1] schools and who are not eligible for 28 transportation services pursuant to N.J.S.18A:39-1 or any other law 29 or who receive in-lieu-of transportation payments, and may require 30 that if the parent, guardian or other person having legal custody of the 31 child elects to have the pupil transported pursuant to the contract, then 32 the parent, guardian or other person having legal custody of the child 33 shall pay all or a part of the costs of that transportation, including, but 34 not limited to, the cost of fuel, driver salaries and insurance. 35 The costs of the transportation shall be paid at the time and in the 36 manner determined by the board of education or the cooperative 37 transportation services agency, provided that the parent, guardian or 38 other person having legal custody of the pupil attending the public or 39 nonpublic school shall pay no more than the per pupil cost of the route 40 for the transportation provided pursuant to this section. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. A3213 AZZOLINA, THOMPSON 3 1 Boards of education shall not receive State transportation aid 2 pursuant to section 25 of P.L.1996, c.138 (C.18A:7F-25) for the 3 transportation of pupils pursuant to this section; however, the pupils 4 shall be included in the calculation of the district's regular vehicle 5 capacity utilization for purposes of the application of the incentive 6 factor pursuant to that section. 7 A board of education shall notify the Department of Education 8 when it elects to provide transportation for pupils under the provisions 9 of this act. 10 (cf: P.L.1995, c.106, s.1) 11 12 2. Section 1 of P.L.1997, c.53 (C.18A:39-11.1) is amended to read 13 as follows: 14 1. a. The Commissioner of Education shall identify and publish a 15 list of local school boards of education, educational services 16 commissions, county special services school districts, and any other 17 established agencies providing cooperative transportation services. 18 b. Any school district responsible for the transportation of pupils 19 to and from a school, other than a local district school, pursuant to 20 N.J.S.18A:39-1 which transports pupils to a county vocational school 21 and pupils classified pursuant to chapter 46 of Title 18A of the New 22 Jersey Statutes shall utilize one of the agencies identified by the 23 commissioner for the transportation of the pupils. Transportation by 24 one of the agencies shall not be required when the local district can 25 provide transportation at a lower cost than those agencies, or the 26 transportation to be provided by one of the agencies does not fall 27 within the policies of the resident school district regarding length of 28 ride and assignment of students to a route based on student age or 29 classification . 30 c. (1) A board of education shall bid or coordinate nonpublic 31 school transportation services with another school district or a 32 cooperative transportation services agency in accordance with criteria 33 established by the commissioner. 34 (2) Any school district which has in the prior year provided 35 payments in lieu of transportation for any nonpublic school pupil 36 pursuant to N.J.S.18A:39-1 , or which cannot provide transportation 37 in the ensuing school year in accordance with the commissioner's 38 criteria, shall attempt to provide transportation through an agency 39 identified by the commissioner prior to determining to pay aid in lieu 40 of transportation. The school district shall provide to the agency any 41 unique limitations or restrictions of the required transportation. If the 42 costs to provide transportation by the agency identified by the 43 commissioner are less than the in-lieu-of payments, the agency shall 44 provide transportation. The school district shall make the 45 determination on the manner in which transportation services shall be 46 provided and shall notify the nonpublic school and the parent or A3213 AZZOLINA, THOMPSON 4 1 guardian of the nonpublic school pupil by August 1 prior to the 2 beginning of the school year. For the purposes of this subsection, 3 "costs to provide transportation" shall not include any administrative 4 fee charged by the agency. If the sum of the costs to provide 5 transportation plus any administrative fee charged by the agency 6 exceeds on a per pupil basis the maximum amount for nonpublic 7 school transportation established pursuant to section 2 of P.L.1981, 8 c.57 (C.18A:39-1a), the board of education may apply to the 9 commissioner for that portion which exceeds the maximum amount. 10 d. The county superintendents shall: 11 (1) assist local boards of education and the chief school 12 administrators of nonpublic schools in coordinating the calendars and 13 schedules of the public and nonpublic schools to facilitate the 14 coordination of transportation of pupils to and from school in their 15 respective county: 16 (2) arbitrate any disputes between local boards of education and 17 the chief school administrators of nonpublic schools regarding pupil 18 transportation; and 19 (3) convene a meeting, at least once a year, of representatives of 20 all public and nonpublic schools in the county to discuss issues related 21 to pupil transportation. 22 (cf: P.L.1997, c.53, s.1) 23 24 3. (New section) A board of education shall consult with the 25 appropriate nonpublic school administrators seeking such consultation 26 prior to preparing bus routes for the transportation of nonpublic 27 school pupils for the school year and in a timely manner that allows 28 sufficient time to publicly advertise for bids. 29 30 4. (New section) The State Board of Education shall adopt, 31 pursuant to the "Administrative Procedure Act," P.L.1968, c.410 32 (C.52:14B-1 et seq.), rules and regulations necessary to implement the 33 provisions of this act. 34 35 5. This act shall take effect immediately and shall first apply to the 36 2001-2002 school year. 37 38 39 STATEMENT 40 41 This bill makes various changes to the laws governing pupil 42 transportation in order to make the system more efficient. The bill 43 expands the role of the county superintendents in the area of pupil 44 transportation by requiring them to arbitrate disputes between boards 45 of education and the chief school administrators of nonpublic schools 46 and convene meetings, at least once a year, of representatives of all A3213 AZZOLINA, THOMPSON 5 1 public and nonpublic schools in the county to discuss issues related to 2 pupil transportation. 3 The bill also permits school districts and cooperative transportation 4 services agencies to enter into contracts to provide subscription busing 5 to all public and nonpublic school students who are not otherwise 6 eligible for transportation services or, in the case of nonpublic school 7 students, are receiving in-lieu-of transportation payments. Under 8 current law, a school district may enter into such contracts for 9 students who are not eligible due to the fact that they do not live 10 remote from school. Under this bill, the district or agency could 11 choose to serve any student who is ineligible, regardless of the reason 12 for ineligibility. 13 As is also the case under existing law, the bill would require the 14 parent, guardian or other person having legal custody of the child 15 being transported to pay all or a part of the costs of the transportation, 16 including, but not limited to, the cost of fuel, driver salaries and 17 insurance. The bill stipulates, however, that the parent, guardian or 18 other person having legal custody of a pupil attending a public or 19 nonpublic school would pay no more than the per pupil cost of the 20 route for the transportation. Under existing law, a child who 21 participates in this type of busing could not be excluded from the 22 program due to financial hardship and this provision remains in effect 23 under this bill. 24 A school district would not receive State transportation aid for 25 school pupils transported under the provisions of the bill; however, the 26 pupils would be included in the calculation of the district's regular 27 vehicle capacity utilization under the transportation aid formula for 28 purpose of calculating the efficiency of the district's transportation 29 services. 30 The bill requires boards of education to consult with the 31 appropriate nonpublic school administrator prior to preparing bus 32 routes for nonpublic school pupils and in sufficient time to publicly 33 advertise for bids if the administrator requests such consultation. 34 Pursuant to the bill, a board of education must bid or coordinate 35 nonpublic school transportation services with another school district 36 or a cooperative transportation services agency in accordance with 37 criteria established by the Commissioner of Education. The bill also 38 provides that if the per pupil cost for the provision of nonpublic school 39 transportation services to be paid by a school district to a cooperative 40 transportation services agency, including any administrative cost, 41 exceeds the nonpublic aid in-lieu-of payment amount, the district may 42 apply to the commissioner for that portion of the cost which exceeds 43 the aid in-lieu-of amount. LEGISLATIVE FISCAL ESTIMATE ASSEMBLY, No. 3213 STATE OF NEW JERSEY 209th LEGISLATURE DATED: MARCH 21, 2001 SUMMARY Synopsis: Expands the role of the county superintendent in pupil transportation matters and permits school districts to offer subscription busing to additional students. Type of Impact: Expenditure increase for the State/Property Tax Relief Fund. Agencies Affected: Department of Education/local boards of education. Office of Legislative Services Estimate Fiscal Impact Year 1 Year 2 Year 3 State Cost Potential additional Potential additional Potential additional cost (see discussion) cost (see discussion) cost (see discussion) Local Cost No additional cost No additional cost No additional cost ! This bill permits school districts and cooperative transportation services agencies to enter into contracts to provide subscription busing to all public and nonpublic school students who are not otherwise eligible for transportation services or, in the case of nonpublic school students, are receiving in-lieu-of transportation payments. The district is authorized to charge the student's parent or guardian for the costs associated with the transportation. ! The bill also amends an existing provision of law that requires school districts which are making in-lieu-of payments to nonpublic school students to use a cooperative transportation services agency if the costs of the agency to provide the transportation are less than the in- lieu-of payments. Under the bill, the costs to provide the transportation would not include any administrative fee charged by the agency. If any administrative fee charged by an agency increases the total per pupil cost of the transportation beyond the aid-in-lieu-of payment amount established for nonpublic school students, the board of education may apply to the commissioner for the portion which exceeds that amount. The cost to the State under the bill would be any reimbursement approved by the commissioner. Office of Legislative Services Legislative Budget and Finance Office State House Annex Phone (609) 292-8030 P.O. Box 068 Fax (609) 777-2442 Trenton, New Jersey 08625 www.njleg.state.nj.us A3213 2 BILL DESCRIPTION Assembly Bill No. 3213 of 2000 makes various changes to the laws governing pupil transportation in order to make the system more efficient. The bill expands the role of the county superintendents in the area of pupil transportation by requiring them to arbitrate disputes between boards of education and the chief school administrators of nonpublic schools and convene meetings, at least once a year, of representatives of all public and nonpublic schools in the county to discuss issues related to pupil transportation. The bill also permits school districts and cooperative transportation services agencies to enter into contracts to provide subscription busing to all public and nonpublic school students who are not otherwise eligible for transportation services or, in the case of nonpublic school students, are receiving in-lieu-of transportation payments. Under current law, a school district may enter into such contracts for students who are not eligible due to the fact that they do not live remote from school. Under this bill the district or agency could choose to serve any student who is ineligible, regardless of the reason for ineligibility. As is also the case under existing law, the bill permits the school district to charge the parent, guardian or other person having legal custody of the child being transported for all or a part of the costs of the transportation, including, but not limited to, the cost of fuel, driver salaries and insurance. The bill stipulates, however, that the parent, guardian or other person having legal custody of a pupil attending a public or nonpublic school would pay no more than the per pupil cost of the route for the transportation. Under existing law, a child who participates in this type of busing could not be excluded from the program due to financial hardship and this provision remains in effect under this bill. A school district would not receive State transportation aid for school pupils transported under the provisions of the bill; however, the pupils would be included in the calculation of the district's regular vehicle capacity utilization under the transportation aid formula for purposes of calculating the efficiency of the district's transportation services. The bill also amends an existing provision of law that requires school districts which are making in-lieu-of payments to nonpublic school students to use a cooperative transportation services agency if the costs of the agency to provide the transportation are less than the in-lieu-of payments. The bill amends that section of law to stipulate that the costs to provide the transportation would not include any administrative fee charged by the agency. If any administrative fee charged by an agency would increase the per pupil cost to an amount in excess of the aid-in-lieu of payment amount, then the board of education may apply to the Commissioner of Education for the portion which exceeds that amount. FISCAL ANALYSIS EXECUTIVE BRANCH None received. A3213 3 OFFICE OF LEGISLATIVE SERVICES There is no additional local cost associated with the provisions of this bill and there is no additional State cost associated with the provision of the bill which permits school districts and cooperative transportation services agencies to enter into contracts to provide subscription busing to all public and nonpublic school students who are not otherwise eligible for transportation, or in the case of nonpublic school students, are receiving in-lieu-of transportation services. As is the case under current law for subscription busing services, the district is not required to provide subscription busing and if it chooses to do so it may charge the student's parent or guardian for those services. The only potential State cost associated with the bill is the amendment made to the existing provision of law that requires school districts which are making in-lieu-of payments to nonpublic school students to use a cooperative transportation services agency if the costs of the agency to provide the transportation are less than the in-lieu-of payments. In the current school year, the aid-in-lieu-of payment amount is $710; therefore a school district is only required to use the cooperative transportation services agency if the cost of the agency to provide the transportation does not exceed $710. Under the provisions of the bill, the costs to provide the transportation would not include any administrative fee charged by the agency; therefore the cost to a district may increase by any administrative fee amount which the agency charges for transportation services if that fee is not currently accommodated within the $710. However, also under the bill's provisions, if the administrative fee charged by an agency would increase the total per pupil cost of the transportation beyond the aid-in-lieu-of payment amount established for nonpublic school students (currently $710), then the board of education could apply to the commissioner for the portion which exceeds that amount. The cost to the State under the bill would be any reimbursement approved by the commissioner. It is not possible to provide an accurate estimate of what the additional costs to the State may be under the bill due to the fact that the administrative fees that might be charged in the future by individual cooperative transportation services agencies are not know. According to information received from the Department of Education, the department's October 1999 data indicates that 14,542 nonpublic school students were being transported by cooperative transportation services agencies pursuant to this section of law, with the agencies charging administrative fees of between 2 percent and 10 percent. In some cases the administrative fee was accommodated within the aid-in-lieu-of payment amount, while in other cases the administrative fee was in addition to that amount. If each agency charged an administrative fee of 6 percent, the administrative fee cost for the above students would be $619,489.20, or $42.60 per student. Again, it is not possible to estimate increased costs to the State due to the fact that, according to the department, most districts are currently paying some level of an administrative fee, with the fee in some instances being accommodated within the aid-in-lieu-of amount and in others with the district currently paying in excess of that amount. Also, although this estimate uses a 6 percent administrative fee, the bill in its present form does not specify or limit the fee amount. A3213 4 OFFICE OF LEGISLATIVE SERVICES Section: Education Analyst: Kathleen Fazzari Section Chief Approved: Alan R. Kooney Legislative Budget and Finance Officer This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note. This fiscal estimate has been prepared pursuant to P.L.1980, c.67. §§3,4 - C.18A:39-3.1 & 18A:39-3.2 §5 - Note P.L. 2001, CHAPTER 65, approved April 19, 2001 Senate, No. 2097 1 AN ACT concerning pupil transportation, amending P.L.1995, c.106 2 and P.L.1997, c.53 and supplementing chapter 39 of 18A of the 3 New Jersey Statutes. 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. Section 1 of P.L.1995, c.106 (C.18A:39-1.3) is amended to read 9 as follows: 10 1. Any board of education which transports pupils to and from 11 school pursuant to N.J.S.18A:39-1 or a cooperative transportation 12 services agency may enter into a contract for the transportation of 13 [elementary] public school pupils [who live less than two miles from 14 school and secondary school pupils who live less than two and a half 15 miles from school] who are not eligible for transportation services 16 pursuant to N.J.S.18A:39-1 or any other law, and may require that if 17 the parent, guardian or other person having legal custody of the child 18 elects to have the pupil transported pursuant to the contract, then the 19 parent, guardian or other person having legal custody of the child shall 20 pay all or a part of the costs of that transportation, including, but not 21 limited to, the cost of fuel, driver salaries and insurance. A board of 22 education or a cooperative transportation services agency may also 23 enter into a contract for the transportation of [elementary school 24 pupils who live less than two miles and secondary school] pupils who 25 [live less than two and a half miles from any] attend not for profit 26 nonpublic [school which satisfies the maximum distance requirements 27 set forth in N.J.S.18A:39-1] schools and who are not eligible for 28 transportation services pursuant to N.J.S.18A:39-1 or any other law 29 or who receive in-lieu-of transportation payments, and may require 30 that if the parent, guardian or other person having legal custody of the 31 child elects to have the pupil transported pursuant to the contract, then 32 the parent, guardian or other person having legal custody of the child 33 shall pay all or a part of the costs of that transportation, including, but 34 not limited to, the cost of fuel, driver salaries and insurance. 35 The costs of the transportation shall be paid at the time and in the 36 manner determined by the board of education or the cooperative 37 transportation services agency, provided that the parent, guardian or 38 other person having legal custody of the pupil attending the public or EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. S2097 2 1 nonpublic school shall pay no more than the per pupil cost of the route 2 for the transportation provided pursuant to this section. 3 Boards of education shall not receive State transportation aid 4 pursuant to section 25 of P.L.1996, c.138 (C.18A:7F-25) for the 5 transportation of pupils pursuant to this section; however, the pupils 6 shall be included in the calculation of the district's regular vehicle 7 capacity utilization for purposes of the application of the incentive 8 factor pursuant to that section. 9 A board of education shall notify the Department of Education 10 when it elects to provide transportation for pupils under the provisions 11 of this act. 12 (cf: P.L.1995, c.106, s.1) 13 14 2. Section 1 of P.L.1997, c.53 (C.18A:39-11.1) is amended to read 15 as follows: 16 1. a. The Commissioner of Education shall identify and publish a 17 list of local school boards of education, educational services 18 commissions, county special services school districts, and any other 19 established agencies providing cooperative transportation services. 20 b. Any school district responsible for the transportation of pupils 21 to and from a school, other than a local district school, pursuant to 22 N.J.S.18A:39-1 which transports pupils to a county vocational school 23 and pupils classified pursuant to chapter 46 of Title 18A of the New 24 Jersey Statutes shall utilize one of the agencies identified by the 25 commissioner for the transportation of the pupils. Transportation by 26 one of the agencies shall not be required when the local district can 27 provide transportation at a lower cost than those agencies, or the 28 transportation to be provided by one of the agencies does not fall 29 within the policies of the resident school district regarding length of 30 ride and assignment of students to a route based on student age or 31 classification . 32 c. (1) A board of education shall bid or coordinate nonpublic 33 school transportation services with another school district or a 34 cooperative transportation services agency in accordance with criteria 35 established by the commissioner. 36 (2) Any school district which has in the prior year provided 37 payments in lieu of transportation for any nonpublic school pupil 38 pursuant to N.J.S.18A:39-1, or which cannot provide transportation 39 in the ensuing school year in accordance with the commissioner's 40 criteria, shall attempt to provide transportation through an agency 41 identified by the commissioner prior to determining to pay aid in lieu 42 of transportation. The school district shall provide to the agency any 43 unique limitations or restrictions of the required transportation. If the 44 costs to provide transportation by the agency identified by the 45 commissioner are less than the in-lieu-of payments, the agency shall 46 provide transportation. The school district shall make the S2097 3 1 determination on the manner in which transportation services shall be 2 provided and shall notify the nonpublic school and the parent or 3 guardian of the nonpublic school pupil by August 1 prior to the 4 beginning of the school year. For the purposes of this subsection, 5 "costs to provide transportation" shall not include any administrative 6 fee charged by the agency. If the sum of the costs to provide 7 transportation plus any administrative fee charged by the agency 8 exceeds on a per pupil basis the maximum amount for nonpublic 9 school transportation established pursuant to section 2 of P.L.1981, 10 c.57 (C.18A:39-1a), the board of education may apply to the 11 commissioner for that portion which exceeds the maximum amount. 12 d. The county superintendents shall: 13 (1) assist local boards of education and the chief school 14 administrators of nonpublic schools in coordinating the calendars and 15 schedules of the public and nonpublic schools to facilitate the 16 coordination of transportation of pupils to and from school in their 17 respective county: 18 (2) arbitrate any disputes between local boards of education and 19 the chief school administrators of nonpublic schools regarding pupil 20 transportation; and 21 (3) convene a meeting, at least once a year, of representatives of 22 all public and nonpublic schools in the county to discuss issues related 23 to pupil transportation. 24 (cf: P.L.1997, c.53, s.1) 25 26 3. (New section) A board of education shall consult with the 27 appropriate nonpublic school administrators seeking such consultation 28 prior to preparing bus routes for the transportation of nonpublic 29 school pupils for the school year and in a timely manner that allows 30 sufficient time to publicly advertise for bids. 31 32 4. (New section) The State Board of Education shall adopt, 33 pursuant to the "Administrative Procedure Act," P.L.1968, c.410 34 (C.52:14B-1 et seq.), rules and regulations necessary to implement the 35 provisions of this act. 36 37 5. This act shall take effect immediately and shall first apply to the 38 2001-2002 school year. 39 40 41 STATEMENT 42 43 This bill makes various changes to the laws governing pupil 44 transportation in order to make the system more efficient. The bill 45 expands the role of the county superintendents in the area of pupil 46 transportation by requiring them to arbitrate disputes between boards S2097 4 1 of education and the chief school administrators of nonpublic schools 2 and convene meetings, at least once a year, of representatives of all 3 public and nonpublic schools in the county to discuss issues related to 4 pupil transportation. 5 The bill also permits school districts and cooperative transportation 6 services agencies to enter into contracts to provide subscription busing 7 to all public and nonpublic school students who are not otherwise 8 eligible for transportation services or, in the case of nonpublic school 9 students, are receiving in-lieu-of transportation payments. Under 10 current law, a school district may enter into such contracts for 11 students who are not eligible due to the fact that they do not live 12 remote from school. Under this bill, the district or agency could 13 choose to serve any student who is ineligible, regardless of the reason 14 for ineligibility. 15 As is also the case under existing law, the bill would require the 16 parent, guardian or other person having legal custody of the child 17 being transported to pay all or a part of the costs of the transportation, 18 including, but not limited to, the cost of fuel, driver salaries and 19 insurance. The bill stipulates, however, that the parent, guardian or 20 other person having legal custody of a pupil attending a public or 21 nonpublic school would pay no more than the per pupil cost of the 22 route for the transportation. Under existing law, a child who 23 participates in this type of busing could not be excluded from the 24 program due to financial hardship and this provision remains in effect 25 under this bill. 26 A school district would not receive State transportation aid for 27 school pupils transported under the provisions of the bill; however, the 28 pupils would be included in the calculation of the district's regular 29 vehicle capacity utilization under the transportation aid formula for 30 purpose of calculating the efficiency of the district's transportation 31 services. 32 The bill requires boards of education to consult with the 33 appropriate nonpublic school administrator prior to preparing bus 34 routes for nonpublic school pupils and in sufficient time to publicly 35 advertise for bids if the administrator requests such consultation. 36 Pursuant to the bill, a board of education must bid or coordinate 37 nonpublic school transportation services with another school district 38 or a cooperative transportation services agency in accordance with 39 criteria established by the Commissioner of Education. The bill also 40 provides that if the per pupil cost for the provision of nonpublic school 41 transportation services to be paid by a school district to a cooperative 42 transportation services agency, including any administrative cost, 43 exceeds the nonpublic aid in-lieu-of payment amount, the district may 44 apply to the commissioner for that portion of the cost which exceeds 45 the aid in-lieu-of amount. S2097 5 1 2 3 Expands the role of the county superintendent in pupil transportation 4 matters and permits school districts to offer subscription busing to 5 additional students. CHAPTER 65 AN ACT concerning pupil transportation, amending P.L.1995, c.106 and P.L.1997, c.53 and supplementing chapter 39 of 18A of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.1995, c.106 (C.18A:39-1.3) is amended to read as follows: C.18A:39-1.3 Contract for transportation of certain pupils; costs. 1. Any board of education which transports pupils to and from school pursuant to N.J.S.18A:39-1 or a cooperative transportation services agency may enter into a contract for the transportation of public school pupils who are not eligible for transportation services pursuant to N.J.S.18A:39-1 or any other law, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to the contract, then the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation, including, but not limited to, the cost of fuel, driver salaries and insurance. A board of education or a cooperative transportation services agency may also enter into a contract for the transportation of pupils who attend not for profit nonpublic schools and who are not eligible for transportation services pursuant to N.J.S.18A:39-1 or any other law or who receive in-lieu-of transportation payments, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to the contract, then the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation, including, but not limited to, the cost of fuel, driver salaries and insurance. The costs of the transportation shall be paid at the time and in the manner determined by the board of education or the cooperative transportation services agency, provided that the parent, guardian or other person having legal custody of the pupil attending the public or nonpublic school shall pay no more than the per pupil cost of the route for the transportation provided pursuant to this section. Boards of education shall not receive State transportation aid pursuant to section 25 of P.L.1996, c.138 (C.18A:7F-25) for the transportation of pupils pursuant to this section; however, the pupils shall be included in the calculation of the district's regular vehicle capacity utilization for purposes of the application of the incentive factor pursuant to that section. A board of education shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of this act. 2. Section 1 of P.L.1997, c.53 (C.18A:39-11.1) is amended to read as follows: C.18A:39-11.1 List of agencies providing cooperative transportation services; provision of transportation for certain pupils. 1. a. The Commissioner of Education shall identify and publish a list of local school boards of education, educational services commissions, county special services school districts, and any other established agencies providing cooperative transportation services. b. Any school district responsible for the transportation of pupils to and from a school, other than a local district school, pursuant to N.J.S.18A:39-1 which transports pupils to a county vocational school and pupils classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes shall utilize one of the agencies identified by the commissioner for the transportation of the pupils. Transportation by one of the agencies shall not be required when the local district can provide transportation at a lower cost than those agencies, or the transportation to be provided by one of the agencies does not fall within the policies of the resident school district regarding length of ride and assignment of students to a route based on student age or classification. c. (1) A board of education shall bid or coordinate nonpublic school transportation services with another school district or a cooperative transportation services agency in accordance with criteria established by the commissioner. (2) Any school district which has in the prior year provided payments in lieu of transportation for any nonpublic school pupil pursuant to N.J.S.18A:39-1, or which cannot provide transportation in the ensuing school year in accordance with the commissioner's criteria, shall P.L. 2001, CHAPTER 65 2 attempt to provide transportation through an agency identified by the commissioner prior to determining to pay aid in lieu of transportation. The school district shall provide to the agency any unique limitations or restrictions of the required transportation. If the costs to provide transportation by the agency identified by the commissioner are less than the in-lieu-of payments, the agency shall provide transportation. The school district shall make the determination on the manner in which transportation services shall be provided and shall notify the nonpublic school and the parent or guardian of the nonpublic school pupil by August 1 prior to the beginning of the school year. For the purposes of this subsection, "costs to provide transportation" shall not include any administrative fee charged by the agency. If the sum of the costs to provide transportation plus any administrative fee charged by the agency exceeds on a per pupil basis the maximum amount for nonpublic school transportation established pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a), the board of education may apply to the commissioner for that portion which exceeds the maximum amount. d. The county superintendents shall: (1) assist local boards of education and the chief school administrators of nonpublic schools in coordinating the calendars and schedules of the public and nonpublic schools to facilitate the coordination of transportation of pupils to and from school in their respective county: (2) arbitrate any disputes between local boards of education and the chief school administrators of nonpublic schools regarding pupil transportation; and (3) convene a meeting, at least once a year, of representatives of all public and nonpublic schools in the county to discuss issues related to pupil transportation. C.18A:39-3.1 Consultation for transportation of nonpublic school pupils. 3. A board of education shall consult with the appropriate nonpublic school administrators seeking such consultation prior to preparing bus routes for the transportation of nonpublic school pupils for the school year and in a timely manner that allows sufficient time to publicly advertise for bids. C.18A:39-3.2 Rules, regulations. 4. The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act. 5. This act shall take effect immediately and shall first apply to the 2001-2002 school year. Approved April 19, 2001. PO BOX 004 TRENTON, NJ 08625 Office of the Governor CONTACT: Jayne O’Connor NEWS RELEASE 609-777-2600 RELEASE: April 19 , 2001 DiFrancesco Signs Law Creating Hunger Prevention Program ***Signs 7 other bills*** Acting Gov. Donald T. DiFrancesco today signed legislation that creates a New Jersey Hunger Prevention and Assistance Program and allocates $5 million for grants to food banks and other similar agencies. S-1591, sponsored by Senators Kyrillos (R-Middlesex/Monmouth) and Palaia (R-Monmouth) and Assemblymembers Azzolina (R-Middlesex/Monmouth) and Thompson (R-Middlesex/Monmouth), allocates up to $5 million in unexpended Temporary Assistance to Needy Family funds for grants to food banks and similar agencies. The bill also establishes a New Jersey Hunger Prevention and Assistance Program in the Department of Human Services to improve the health and nutritional status of state residents in need of food assistance, supplement the efforts of emergency food programs in the state to reduce hunger, and enable families and individuals to become food secure and self-sufficient. The Commissioner of Human Services is required by the bill to contract with Rutgers, the State University to conduct a six-pronged statewide needs assessment. The bill also establishes a 13 - member Hunger Prevention Advisory Committee within DHS to assist the commissioner in the implementation of the program. The acting Governor also signed the following bills: S-84, sponsored by Senator Zane (R-Salem/Cumberland/Gloucester) and Assembly members Felice (R-Bergen/Passaic) and Impreveduto (D-Bergen/Hudson), clarifies the sexual assault statute in certain circumstances. S-1372, sponsored by Senators Bennett (R-Monmouth) and Allen (R-Burlington/Camden) and Assemblymembers DiGaetano (R-Bergen/Essex/Passaic) and Moran (R-Atlantic/Burlington/ Ocean), revises the procedure for self-administration by school pupils of medication for asthma. S-2097, sponsored by Senators Kyrillos (R-Middlesex/Monmouth) and McNamara (R-Bergen/ Passaic) and Assemblymembers Azzolina (R-Middlesex/Monmouth) and Thompson (R- Middlesex/Monmouth), Expands the role of the county superintendent in pupil transportation matters and permits school districts to offer subscription busing to additional students. A-2549, sponsored by Assemblymembers Kelly (R-Bergen/Essex/Passaic) and Cohen (D-Union) and Senator Ciesla (R-Monmouth/Ocean), permits real estate brokers, broker-salespersons and salespersons to engage in certain promotions offering free or discounted products and services. A-2318, sponsored by Assemblymembers Charles (D-Hudson) and Lance (R-Warren/Hunterdon/ Mercer) and Senators Kenny (D-Hudson) and Kyrillos (R-Middlesex/Monmouth), appropriates $350,000 to the Division of Youth and Family Services for a grant to Hudson Cradle, a nationally recognized multi-purpose family resource and transitional residence in Jersey City that serves approximately 50 "boarder babies" annually. A-2458, sponsored by Assemblymembers Felice (R-Bergen/Passaic) and Doria (D-Hudson) and Assemblymember Conaway (D-Burlington/Camden), provides that prompt payment and claims payment enforcement laws apply to organized delivery systems. Organized delivery systems are entities that contract with health insurance carriers to provide either comprehensive health care services or benefits or limited health care services to covered persons under the carrier's health benefits plan or policy.