Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
SYNOPSIS
Requires school bus drivers to submit to biannual testing for drugs and alcohol.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school bus drivers, supplementing chapter 39 of Title 18A of the New Jersey Statutes, and amending N.J.S.18A:39-17 and N.J.S.18A:39-18.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. All drivers of buses or other vehicles used by a board of education or by a private or parochial school for the transportation of pupils to and from school shall, in addition to any other medical exam or testing required by law, submit to unannounced medical testing twice each school year 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.). The employing board of education or contractor shall determine the timing of the medical testing and shall receive the results of the medical testing.
b. A school bus driver shall be immediately ineligible to operate a school bus or other vehicle used by a board of education or by a private or parochial school for the transportation of pupils to and from school if:
(1) the results of the medical testing required pursuant to this section disqualifies the driver from continued service; or
(2) the driver refuses to submit to such medical testing.
c. The Commissioner of Education shall establish criteria for disqualifying a school bus driver from the continued operation of a school bus or other vehicle used for the transportation of pupils based on the results of medical testing required pursuant to this section.
d. Notwithstanding the provisions of this section, a school bus driver shall not be terminated from employment on the basis of the results of the driver's medical testing without an opportunity to challenge the accuracy of the disqualifying testing report. The Commissioner of Education shall develop an appeal process to resolve any dispute raised by a school bus driver concerning a disqualification made pursuant to this section.
2. N.J.S.18A:39-17 is amended to read as follows:
18A:39-17. In each school year, prior to the assignment of any driver or substitute driver to any vehicle operated by the board of education of any district as a school bus, there shall be filed by the secretary of such board with the county superintendent the name and social security number of each such driver or substitute driver and certification of a valid school bus driver's license, criminal background check, and evidence of a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1) and of the medical testing required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2003, c.66, s.2)
3. N.J.S.18A:39-18 is amended to read as follows:
18A:39-18. In each school year, prior to the beginning of transportation of school pupils under a contract awarded by a board of education, the contractor shall furnish to the county superintendent the name, social security number, and certification of a valid school bus driver's license and criminal background check, and evidence of a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1) and of the medical testing required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) of each driver or substitute driver to be assigned to any vehicle in the performance of his contract.
(cf: P.L.2003, c.66, s.3)
4. This act shall take effect in the first full school year following the date of enactment.
STATEMENT
This bill requires school bus drivers to submit to biannual testing for drugs and alcohol.
Under the bill, all drivers of buses or other vehicles used by a board of education or by a private or parochial school for the transportation of pupils to and from school will, in addition to any other medical exam or testing required by law, be required to submit to unannounced medical testing twice each school year 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.). The employing board of education or contractor will determine the timing of the medical testing and will receive the results of the medical testing.
The bill requires that a school bus driver be immediately ineligible to operate a school bus or other vehicle used for the transportation of pupils to and from school if:
· the results of the driver's medical testing disqualifies the driver from continued service; or
· the driver refuses to submit to the medical testing.
The bill provides that a school bus driver cannot be terminated from employment on the basis of the results of the driver's medical testing without an opportunity to challenge the accuracy of the disqualifying testing report.
The Commissioner of Education is directed to establish criteria for disqualifying a school bus driver from the continued operation of a school bus or other vehicle used for the transportation of pupils based on the results of medical testing. The commissioner is also directed to develop an appeal process to resolve any dispute raised by a school bus driver concerning a disqualification made pursuant to the bill's provisions.
Finally, the bill requires the employing board of education or contractor, prior to the beginning of transportation of school pupils, to annually file evidence of the medical testing required pursuant to the bill's provisions with the executive county superintendent.