Bill Text: NJ S3858 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires school bus personnel members working with students with disabilities to call 911 emergency line in potential life-threatening emergencies; requires school buses transporting students with disabilities to be equipped with certain safety features.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced) 2024-11-18 - Introduced in the Senate, Referred to Senate Education Committee [S3858 Detail]
Download: New_Jersey-2024-S3858-Introduced.html
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Requires school bus personnel members working with students with disabilities to call 911 emergency line in potential life-threatening emergencies; requires school buses transporting students with disabilities to be equipped with certain safety features.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school bus safety, amending various parts of the statutory law, and supplementing chapter 39 of Title 18A of the New Jersey Statutes and Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2018, c.160 (C.18A:39-19.1a) is amended to read as follows:
1. a. As used in this section, "employer" means a board of education or a contractor that provides pupil transportation services under contract with a board of education.
b. An employer shall ensure that all school bus drivers [and] , school bus aides, and other school bus personnel subject to the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) are properly trained for the functions of their positions.
c. An employer shall administer a safety education program for all permanent and substitute school bus drivers [and] , school bus aides, and other school bus personnel subject to the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) that it employs. At a minimum, the training shall include:
(1) student management and discipline;
(2) school bus accident and emergency procedures;
(3) conducting school bus emergency exit drills;
(4) loading and unloading procedures;
(5) school bus stop loading zone safety;
(6) inspecting the school vehicle for students left on board at the end of a route; and
(7) the use of a student's education records, including the employee's responsibility to ensure the privacy of the student and the student's records, if applicable.
d. In addition to the training requirements in subsection c. of this section, an employer shall administer to school bus drivers a safety education program that includes defensive driving techniques and railroad crossing procedures.
e. The employer shall administer the safety education program set forth in subsections c. and d. of this section twice per calendar year.
(cf: P.L.2018, c.160, s.1)
2. Section 1 of P.L.2015, c.123 (C.18A:39-19.2) is amended to read as follows:
1. The Commissioner of Education shall develop a training program for school bus drivers [and] , school bus aides, and other school bus personnel subject to the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) on proper procedures for interacting with students with [special needs] disabilities. The training program shall include, but need not be limited to, the following:
a. appropriate behavior management;
b. effective communication;
c. use and operation of adaptive equipment; [and]
d. understanding behaviors that may be related to specific disabilities; and
e. understanding behaviors or other signs that may indicate circumstances in which a potential life-threatening emergency, as defined in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), is occurring on a school bus transporting one or more students with disabilities.
The commissioner shall make the training program available to boards of education and school bus contractors providing pupil transportation services under contract with boards of education no later than one year following the effective date of [this act] P.L.2015, c.123 (C.18A:39-19.2 et seq.). The training program shall be updated to include information on understanding behaviors or other signs that may indicate circumstances in which a potential life-threatening emergency is occurring on a school bus transporting one or more students with disabilities, and made available to school districts, no later than 180 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2015, c.123, s.1)
3. Section 2 of P.L.2015, c.123 (C.18A:39-19.3) is amended to read as follows:
2. a. (1) An employer shall administer the training program developed pursuant to section 1 of [this act] P.L.2015, c.123 (C.18A:39-19.2) to all school bus drivers and school bus aides that it employs. In the case of an individual who is employed prior to the development and availability of the training program, the employer shall administer the training program to the individual no later than 180 days after the training program is made available by the commissioner. In the case of an individual who is employed after the development and availability of the training program, the employer shall administer the training program to the individual prior to that individual operating a school bus or serving as an aide on a school bus.
(2) An employer shall also administer the training program developed pursuant to section 1 of P.L.2015, c.123 (C.18A:39-19.2) to all other school bus personnel subject to the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). In the case of an individual who is already working, and is otherwise responsible for the safety of students, on a school bus transporting one or more students with disabilities upon the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the employer shall administer the training program to the individual no later than 90 days following the update to the training program to include information on understanding behaviors or other signs that may indicate circumstances in which a potential life-threatening emergency is occurring. In the case of an individual who works, and is otherwise responsible for the safety of students, on a school bus transporting one or more students with disabilities after the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the employer shall administer the training program to the individual prior to that individual first working, and engaging in responsibilities related to the safety of students, on a school bus transporting one or more students with disabilities.
b. An employer shall require [that] a school bus driver [or] , school bus aide, or any other individual employed as a school bus personnel member to file a certification with the employer that the individual has completed the training program within five business days of its completion. The employer shall retain a copy of the certification for the duration of the individual's employment [, and shall forward a copy of the certification to the Department of Education] . A board of education shall forward a copy of the certification to the Office of Special Education, or its successor office, within the Department of Education. A contractor providing pupil transportation services under contract with a board of education shall forward a copy of the certification to the board of education to which the contractor is providing services, and the board shall then forward the certification to the Office of Special Education, or its successor office, within the Department of Education.
c. As used in this section, "employer" means a board of education or a contractor that provides pupil transportation services under contract with a board of education.
(P.L.2015, c.123, s.2)
4. (New section) As used in sections 5 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Potential life-threatening emergency" means a situation in which a prudent person could reasonably believe that immediate intervention is necessary to protect the life of a student with disabilities being transported on a school bus, or to protect the lives of other students on the school bus, from a possible medical or behavioral emergency, or a possible immediate threat or actual occurrence of a fatal injury, impairment to bodily functions, or dysfunction of a bodily organ or part.
"Office" means the Office of Special Education within the Department of Education or its successor office.
"School bus" means the same as that term is defined in R.S.39:1-1.
"School bus personnel" means a school bus driver, school bus aide, and any other individual who works, and is otherwise responsible for the safety of students, on a school bus transporting one or more students with disabilities.
5. (New section) a. School bus personnel who work on a school bus transporting one or more students with disabilities shall be required to call the 911 emergency telephone service for assistance in the event of a potential life-threatening emergency on the school bus. School bus personnel shall report that call to the Office of Special Education in the Department of Education, in accordance with policies and procedures established by regulation pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill). A board of education, or a school bus contractor providing pupil transportation services under contract with a board of education, as applicable, that employs school bus personnel, as well as the office, shall maintain a record of the calls made pursuant to this section and in accordance with the policies and procedures established by regulation pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A board of education, or a school bus contractor providing pupil transportation services under contract with a board of education, as applicable, shall ensure that appropriate training is provided to school bus personnel, to effectuate the purposes of subsection a. of this section, which training shall include the safety education program required pursuant to section 1 of P.L.2018, c.160 (C.18A:39-19.1a) and the training program developed pursuant to section 1 of P.L.2015, c.123 (C.18A:39-19.2). A board of education or school bus contractor that fails to comply with the provisions of this subsection shall be subject to the applicable penalties enumerated in N.J.S.18A:39-20.
6. (New section) a. The parent or guardian of a student with a disability, who believes that a school bus personnel member violated the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), may file a complaint with the office, in accordance with procedures established by regulation pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill). The office shall investigate all complaints filed pursuant to this section in order to determine if a school bus personnel member violated the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. If the office finds that a school bus personnel member violates the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), the school bus personnel member shall be liable to a civil penalty of $5,000 for the first offense, $10,000 for the second offense, and $25,000 for the third and each subsequent offense, to be sued for and collected in a summary proceeding by the Commissioner of Education pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. The office shall maintain a record of all instances in which a school bus personnel member is found to have violated the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. (New section) The Commissioner of Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. N.J.S.18A:39-20 is amended to read as follows:
18A:39-20. No board of education or contractor shall approve or assign an individual, as a driver or substitute driver of a school bus, without first complying with the provisions of this chapter, and any person violating, or failing to comply with such provisions shall be subject to a fine of:
a. not more than $5,000 for each driver unlawfully approved or assigned for the first offense;
b. not more than $10,000 for each driver unlawfully approved or assigned for the second offense; and
c. not more than $15,000 for each driver unlawfully approved or assigned for a third and each subsequent offense.
The fines enumerated in this section shall also apply to a board of education or contractor approving or assigning a school bus aide or any other school bus personnel member subject to the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), without first ensuring that the school bus aide or other school bus personnel member is properly administered the safety education program required pursuant to section 1 of P.L.2018, c.160 (C.18A:39-19.1a) and that the training program developed pursuant to section 1 of P.L.2015, c.123 (C.18A:39-19.2) is administered to the school bus aide or other school bus personnel member in accordance with section 2 of P.L.2015, c.123 (C.18A:39-19.3).
It shall not be a defense to avoid liability under this section that a board of education or contractor unknowingly failed to comply with the provisions of this chapter.
(cf: P.L.2021, c.306, s.1)
9. Section 3 of P.L.1999, c.5 (C.39:3B-20) is amended to read as follows:
3. As used in [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.):
["Director" means the Director of the Division of Motor Vehicles in the Department of Transportation] "Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission;
["Division" means the Division of Motor Vehicles in the Department of Transportation] "Commission" means the New Jersey Motor Vehicle Commission;
"In-terminal inspection" means an inspection conducted by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission at the operator's terminal of any motor vehicle required to meet the safety regulations for school buses adopted by the Department of Transportation pursuant to [R.S.39:3B-5] section 6 of P.L.1965, c.119 (C.39:3B-5) and section 1 of P.L.1986, c.92 [(C.18A:3B-5.4)] (C.39:3B-5.4) and vehicle emissions standards established for engine type pursuant to R.S.39:8-2 and section 3 of P.L.1995, c.157 (C.39:8-61);
"Operator" means the owner or person responsible for the day to day operation and maintenance of school buses;
"School bus" means all Type I and Type II school buses as defined in R.S.39:1-1 and school buses retired pursuant to section 1 of P.L.1986, c.92 (C.39:3B-5.4), under the jurisdiction of the [division] commission.
(cf: P.L.1999, c.5, s.3)
10. Section 4 of P.L.1999, c.5 (C.39:3B-21) is amended to read as follows:
4. a. The chief administrator shall establish a school bus enhanced safety inspection program which shall include, but not be limited to, the following elements:
(1) an in-terminal school bus inspection program which provides for the semi-annual or annual inspection of school buses by commission inspectors. Each in-terminal school bus inspection conducted pursuant to this paragraph shall provide for the inspection of the equipment required to be installed on school buses that transport one or more students with disabilities pursuant to the provisions of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) standards and requirements pertaining to the equipment, maintenance, and repair of school buses subject to inspection pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.); all in-terminal inspections, including those involving diesel vehicles, shall include an emission inspection to determine whether that vehicle meets the State's emission specifications and standards;
(3) standards and requirements pertaining to the establishment and maintenance of school bus maintenance, repair, and inspection records for all school buses in the operator's fleet; and
(4) standards and requirements pertaining to the establishment and maintenance of driver employment records, including records which demonstrate a driver's compliance with all statutory and regulatory requirements for authorization to operate a school bus, and any other records and credentials deemed necessary by the chief administrator for school bus drivers employed by the operator. The records shall be made available to commission inspectors during each in-terminal inspection.
b. If an operator does not have adequate terminal facilities to allow for a proper and thorough in-terminal inspection, the chief administrator shall designate an in-lieu-of terminal site and direct the operator to present [his] the operator's buses and records to that site for inspection on such terms and conditions as determined by the chief administrator.
c. The time and location of any inspection or reinspection conducted pursuant to this section shall be determined by the chief administrator. Unless an owner agrees to a different time schedule, the chief administrator shall schedule a reinspection within three days of the date of the inspection that necessitated the reinspection.
(cf: P.L.2009, c.331, s.3)
11. Section 5 of P.L.1999, c.5 (C.39:3B-22) is amended to read as follows:
5. a. Any operator who violates the standards for driver employment records established pursuant to subsection a. of section 4 of [this act] P.L.1999, c.5 (C.39:3B-21), or who fails to retain proper records for inspection as required, or who fails to make available any record or document required at the time of inspection, or who falsifies any record, or who fails to present or otherwise make available any school bus or buses due for inspection, as requested by an examiner, unless notification of the intent to withhold a bus or buses from an examiner is made in writing at least 24 hours prior to the scheduled inspection, shall be fined not less than $50 and not more than $500 per violation, in accordance with a schedule of fines to be established by the [director] chief administrator. The [director] chief administrator shall waive the requirement of notice upon a showing of good cause by an operator. A bus withheld from an examiner pursuant to this section shall be inspected within 30 days of the date of the originally scheduled inspection, unless otherwise agreed by the operator and the [director] chief administrator. The operator shall be responsible for all fines.
Nothing in this subsection shall be deemed to preclude any other enforcement actions provided by law.
b. Any fine imposed pursuant to the provisions of this section may be collected, with costs, in a summary proceeding pursuant to ["the penalty enforcement law," N.J.S.2A:58-1 et seq.] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court or municipal court of the county or municipality in which the violation occurs or in which the operator resides or has a place of business or principal office in this State, shall have jurisdiction to enforce the provisions of ["the penalty enforcement law"] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with any violation of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.).
The [director] chief administrator or any duly authorized representative of the [director] chief administrator may issue a summons and complaint returnable in any court of competent jurisdiction for a violation of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.) or any rule or regulation adopted pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.). A municipal, county, or State prosecutor is authorized to assist the [director] chief administrator in the enforcement of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.). The [director] chief administrator may institute an action in the Superior Court for injunctive relief to prevent or restrain any violation of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.), or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.).
c. Any officer charged with the enforcement of State and municipal laws is authorized to assist the [director] chief administrator or any duly authorized representative of the [director] chief administrator in the enforcement of the provisions of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.), or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.).
(cf: P.L.1999, c.5, s.5)
12. (New section) a. (1) Every school bus, as defined in R.S.39:1-1, that transports one or more students with disabilities shall be equipped with:
(a) a video camera on the interior of the school bus to monitor student safety while the students are being transported;
(b) a global positioning system that provides information about the location and speed of each school bus in real time; and
(c) two-way communications equipment, which may include, but not be limited to, a cellular or other wireless telephone.
(2) Each in-terminal school bus inspection conducted pursuant to paragraph (1) of subsection a. of section 4 of P.L.1999, c.5 (C.39:3B-21) shall provide for the inspection of the equipment required to be installed under paragraph (1) of this subsection.
b. Notwithstanding the provisions of this section, a school bus driver shall comply with the provisions of section 1 of P.L.2002, c.120 (C.39:3B-25) while operating a school bus.
c. (1) 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.
(2) 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.
13. (New section) The Commissioner of Education, in consultation with the New Jersey Motor Vehicle Commission, shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning: the installation and use of video cameras, global positioning systems, and two-way communications equipment as required pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) on school buses that transport students with disabilities; the use and retention of data collected from the global positioning systems; and the use and retention of video footage from the video cameras.
14. Sections 1 through 8 and
section 13 of this act shall take effect immediately. Sections 9 through 12 of
this act shall take effect on the first day of the first full fiscal year next following
the date of enactment. The Commissioner of Education, in consultation with the
Chief Administrator of the New Jersey Motor Vehicle Commission, may take such
anticipatory actions as may be necessary for the timely implementation of section
12 of this act.
STATEMENT
This bill requires school bus drivers, school bus aides, and any other individual who works, and is otherwise responsible for the safety of students, on a school bus transporting one or more students with disabilities to call the 911 emergency telephone service for assistance in the event of a potential life-threatening emergency on the school bus. A school bus personnel member is required to report that call to the Office of Special Education in the Department of Education. Under the bill, a board of education, or a school bus contractor providing pupil transportation services under contract with a board of education, that employs a school bus personnel member, as well as the office, is to maintain a record of the calls.
A board of education, or a school bus contractor as applicable, is required to ensure that certain training related to school bus safety and interacting with students with disabilities are provided to each school bus personnel member who works on a school bus transporting students with disabilities. Pursuant to current law, these training programs are required to be administered to school bus drivers and school bus aides. The bill expands these programs to cover all other school bus personnel members who work, and are responsible for the safety of students, on a school bus transporting one or more students with disabilities. A board of education or school bus contractor that does not properly administer these training programs is to be subject to applicable penalties established under current law.
Pursuant to the bill, the parent or guardian of a student with disabilities, who believes that a school bus personnel member did not properly call the 911 emergency telephone service in the event of a potential life-threatening emergency, may file a complaint with the Office of Special Education within the Department of Education. A school bus personnel member who is found by the office to have violated the provisions concerning 911 emergency notification and follow-up reporting requirements is to be liable for certain civil penalties.
The bill also requires a school bus that transports one or more students with disabilities to be equipped with: 1) a video camera on the interior of the school bus to monitor student safety while the students are being transported; 2) a global positioning system that provides information about the location and speed of each school bus in real time; and 3) two-way communications equipment, which may include, but not be limited to, a cellular or other wireless telephone. Under the bill, any video footage collected from a video camera and any data collected from a global positioning system is to be retained for not less than 180 days from the date it was recorded.
Finally, the bill requires that each in-terminal school bus inspection conducted by the New Jersey Motor Vehicle Commission is to provide for the inspection of the equipment required to be installed on school buses pursuant to the bill.
