Bill Text: NJ A1287 | 2024-2025 | Regular Session | Introduced
Bill Title: Creates nonpublic school transportation program; requires consortiums of nonpublic schools to assume responsibility for mandated nonpublic school busing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Education Committee [A1287 Detail]
Download: New_Jersey-2024-A1287-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Creates nonpublic school transportation program; requires consortiums of nonpublic schools to assume responsibility for mandated nonpublic school busing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning nonpublic school transportation 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. a. As used in this section, "consortium" means a group of nonpublic schools in one or more counties that enroll pupils for whom a school district is required to provide transportation pursuant to N.J.S.18A:39-1 and that enter into an agreement to form a consortium for the purpose of participating in the program established pursuant to this section.
b. (1) The Commissioner of Education shall establish a nonpublic school consortium transportation program. Notwithstanding any section of law to the contrary, a school district that chooses to participate in the program shall disburse to the consortium an amount equal to the aid in-lieu-of transportation amount for each nonpublic school pupil who is attending a nonpublic school which is a part of the consortium and who is required to be transported by the school district pursuant to N.J.S.18A:39-1. Notwithstanding the provisions of section 2 of P.L.1981, c.57 (C.18A:39-1a) or of any other law, rule, or regulation to the contrary, the State shall bear the full cost of providing to the school district the aid in-lieu-of transportation amount for each nonpublic school pupil who is attending a nonpublic school in a school district that is part of the consortium and who is required to be transported by a school district pursuant to N.J.S.18A:39-1. The consortium shall assume all of the responsibilities of the school district under N.J.S.18A:39-1 for transporting to and from nonpublic schools the pupils for whom the consortium received an aid in-lieu-of transportation amount under the program. If the per pupil cost of the lowest bid received exceeds the aid in-lieu-of transportation amount, the parent or guardian of the student shall be eligible to receive the aid in-lieu-of transportation amount from the consortium for that school year.
(2) The consortium may transport a nonpublic school pupil who is attending a nonpublic school which is part of the consortium and who is not eligible for transportation services pursuant to N.J.S.18A:39-1, provided the pupil does not live more than 20 miles from the nonpublic school. If the parent or guardian elects to have the pupil transported, the parent or guardian shall pay all of the costs of the transportation including, but not limited to, the cost of fuel, driver salaries, and insurance. However, the cost of the transportation paid by the parent or guardian shall be no more than the per pupil cost of the route and shall be paid at the time and in the manner determined by the consortium.
c. The consortium shall refund annually to the Department of Education after the completion of the school year any unexpended funds received pursuant to the program.
d. A school district shall inform the consortium by May 15 of its intent not to participate in the program in the following school year.
e. In order to participate in the program, the consortium shall provide to the commissioner the necessary assurances that the consortium is capable of complying with the consortium's pupil transportation responsibilities under the program.
f. The commissioner shall notify school districts participating in the program of:
(1) the consortium's responsibilities under the program to provide pupil transportation to pupils attending a nonpublic school which is part of the consortium;
(2) the requirement that the school district provide transportation pursuant to N.J.S.18A:39-1 to pupils attending nonpublic schools that are not a part of the consortium; and
(3) the amount required to be disbursed by each school district to the consortium pursuant to subsection b. of this section.
g. The consortium may use up to six percent of the amounts available to it under the program for its administrative costs. The consortium may accept contributions and donations from public and private sources for purposes of providing pupil transportation under the program, including transportation provided pursuant to paragraph (2) of subsection b. of this section.
h. The consortium shall annually enter into a contract with an independent entity to audit the implementation of the program by the consortium. The audit for the prior school year shall be submitted to the commissioner no later than December 1 of each year.
i. The commissioner shall establish a committee to oversee the operations of each consortium in implementing the program. The committee shall consist of five members appointed by the commissioner, one of whom shall represent a nonpublic school that is part of the consortium, and one of whom shall represent a school district participating in the program.
j. Nothing in this act shall be construed to alter the amount paid by the State for nonpublic school transportation costs pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a) for any school district that participates in the program.
k. The State Board of Education shall promulgate rules and
regulations pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act in a
manner that comports with the provisions of the State and federal
Constitutions. The rules and regulations shall include, but not be limited to,
the process and schedule for the disbursement of funds by the school district
to the consortium.
2. This act shall take effect immediately and shall first apply to the first full school year following the date of enactment.
STATEMENT
This bill establishes a nonpublic school consortium transportation program to provide funding to consortiums of nonpublic schools that are to assume responsibility for participating school districts' mandated nonpublic school busing for those students.
Under the program, a participating school district is to disburse to the consortium an amount equal to the aid in-lieu-of transportation amount (currently set at $1,022) for each nonpublic school pupil who is attending a nonpublic school which is a part of the consortium and who is required by law to be transported by a school district. The bill requires the State to bear the full cost of providing the aid in-lieu-of transportation amount of $1,022. The consortium is to assume the responsibilities of transporting the pupils for whom it receives the aid in-lieu-of transportation amount.
The bill provides that if the per pupil cost of the lowest bid received exceeds the aid in-lieu-of transportation amount, the parent or guardian of the student is to be eligible to receive the aid in-lieu-of transportation amount from the consortium for that school year. In addition to providing transportation for students who are mandated to be transported, the consortium may provide non-mandated busing to students attending the nonpublic schools that are a part of the consortium, provided that the parents or guardians of those students pay all of the costs of that transportation.
At the end of the school year, the consortium is required to refund annually the Department of Education any unexpended funds received.
The bill requires the Commissioner of Education to establish a committee to oversee the operations of each consortium in implementing the program. The committee is to consist of five members appointed by the commissioner, one of whom is to represent a nonpublic school that is part of the consortium, and one of whom is to represent a school district that is participating in the program. Under the provisions of the bill, the consortium is required to annually enter into a contract with an independent entity to audit the implementation of the program and the audit is required to be submitted to the commissioner no later than December 1 of each year.
The bill's provisions are not to be construed as altering the amount paid by the State for nonpublic school transportation costs pursuant to N.J.S.A.18A:39-1a for any school district that participates in the program.
