Bill Text: NJ A2155 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits school districts to provide transportation to nonpublic school pupils and charge parents when the per pupil amount of the route exceeds the maximum nonpublic school transportation costs per pupil.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Education Committee [A2155 Detail]
Download: New_Jersey-2016-A2155-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Permits school districts to provide transportation to nonpublic school pupils and charge parents when the per pupil amount of the route exceeds the maximum nonpublic school transportation costs per pupil.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the provision of transportation services for nonpublic school students, amending N.J.S.18A:39-1, 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. N.J.S.18A:39-1 is amended to read as follows:
18A:39‑1. Whenever in any district there are elementary school pupils who live more than two miles from their public school of attendance or secondary school pupils who live more than 2 1/2 miles from their public school of attendance, the district shall provide transportation to and from school for these pupils.
When any school district provides any transportation for public school pupils to and from school pursuant to this section, transportation shall be supplied to school pupils residing in such school district in going to and from any remote school other than a public school, not operated for profit in whole or in part, located within the State not more than 20 miles from the residence of the pupil; except that if the district is located in a county of the third class with a population of not less than 80,000 and not more than 120,000 transportation shall be provided to a nonpublic school located outside the State not more than 20 miles from the residence of the pupil, if there is no appropriate nonpublic school within the State located closer to the residence of the pupil[; provided] . If the per pupil cost of the lowest bid received [does not exceed $675 for the 1992‑93 school year or] for the transportation of the nonpublic school pupil for the school year exceeds the amount determined [for subsequent years] pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a) [, and if such bid shall exceed that cost] then, except as otherwise provided pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the parent, guardian or other person having legal custody of the pupil shall be eligible to receive [$675 for the 1992‑93 school year or] the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a) for [subsequent years] the school year toward the cost of [his] the pupil's transportation to a qualified school other than a public school, regardless of whether such transportation is along established public school routes. It shall be the obligation of the parent, guardian or other person having legal custody of the pupil attending a remote school, other than a public school, not operating for profit in whole or in part, to register said pupil with the office of the secretary of the board of education at the time and in the manner specified by rules and regulations of the State board in order to be eligible for the transportation provided by this section. If the registration of any such pupil is not completed by September 1 of the school year and if it is necessary for the board of education to enter into a contract establishing a new route in order to provide such transportation, then the board shall not be required to provide it, but in lieu thereof the parent, guardian or other person having legal custody of the pupil shall be eligible to receive [$675 or] the amount determined pursuant to section 2 of P.L.1981, c.57 [(18A:39‑1a)] (C.18A:39-1a), or an amount computed by multiplying 1/180 times the number of school days remaining in the school year at the time of registration, times [$675 for the 1992‑93 school year or] the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39‑1a) [for subsequent years], whichever is the smaller amount. Whenever any regional school district provides any transportation for pupils attending schools other than public schools pursuant to this section, said regional district shall assume responsibility for the transportation of all such pupils, and the cost of such transportation for pupils below the grade level for which the regional district was organized shall be prorated by the regional district among the constituent districts on a per pupil basis, after approval of such costs by the county superintendent. This section shall not require school districts to provide any transportation for pupils attending a school other than a public school, where the only transportation presently provided by said district is for school children transported pursuant to chapter 46 of Title 18A of the New Jersey Statutes or for pupils transported to a vocational, technical or other public school offering a specialized program. Any transportation to a school, other than a public school, shall be pursuant to the same rules and regulations promulgated by the State board as governs transportation to any public school.
The board of education may make rules and contracts for the pupil transportation provided pursuant to this section.
Nothing in this section shall be so construed as to prohibit a board of education from making contracts for the transportation of pupils to a school in an adjoining district, when such pupils are transferred to the district by order of the county superintendent, or when any pupils shall attend school in a district other than that in which they shall reside by virtue of an agreement made by the respective boards of education.
Nothing herein contained shall limit or diminish in any way any of the provisions for transportation for children pursuant to chapter 46 of this Title.
(cf: P.L.1992, c.33, s.1)
2. (New section) a. A board of education, or a cooperative transportation services agency, an educational services commission, or other intermediate unit on behalf of the board, may enter into a contract for the transportation of nonpublic school pupils who are eligible for transportation services pursuant to N.J.S.18A:39-1 when the per pupil amount of that contract exceeds the maximum amount of nonpublic school transportation costs per pupil established for the school year pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a), if the district requires that the pupil's parent, guardian, or other person having legal custody of the child pays the per pupil contract amount which exceeds the maximum amount of nonpublic school transportation costs per pupil established for the school year. The parent, guardian, or other person having legal custody of the child shall pay the amount at the time and in the manner determined by the board of education, the cooperative transportation services agency, educational services commission, or other intermediate unit.
b. A board of education shall notify the Department of Education when it elects to provide transportation for nonpublic school pupils under the provisions of this section.
3. This act shall take effect immediately.
STATEMENT
Under current law, if the per pupil amount to enter into a contract for the transportation of eligible nonpublic school students exceeds the maximum amount of nonpublic school transportation costs per pupil established for the school year (under the provisions of the appropriations act, as passed by the Legislature for FY 2013, the amount would be $884 for the 2012-2013 school year), then a school district may not provide actual transportation but rather must make an in-lieu-of transportation payment in that amount to the student's parent or guardian.
This bill would permit a school district, or a cooperative transportation services agency, educational services commission, or other intermediate unit on behalf of the district to enter into a contract for the transportation of eligible nonpublic school students when the per pupil amount of that contract exceeds the maximum amount of nonpublic school transportation costs per pupil if the district requires the pupil's parent or guardian to pay the per pupil contract amount that exceeds the maximum amount of nonpublic school transportation costs per pupil. The student's parent or guardian would make the payment at the time and in the manner determined by the board of education or the cooperative transportation services agency, educational services commission, or other intermediate unit.
