ASSEMBLY, No. 4384

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JULY 6, 2020

 

 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Establishes three-year nonpublic school pupil transportation pilot program in participating counties to provide funding to county consortiums of nonpublic schools that will assume responsibility for mandated nonpublic school busing.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Actconcerning a countywide nonpublic school pupil transportation pilot program 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, "county consortium" means a group of nonpublic schools in one or more counties that enter into an agreement with the county or counties to form a county consortium for the purpose of participating in the pilot program established pursuant to this section.

     b.    The Commissioner of Education shall establish a three-year nonpublic school pupil transportation pilot program.  Notwithstanding any section of law to the contrary, under the pilot program, the county shall disburse to the county 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 county consortium and who is required to be transported by a school district pursuant to N.J.S.18A:39-1.  A school district shall disburse to the appropriate county an amount equal to the aid in-lieu-of transportation amount for each nonpublic school pupil who resides in the district, who is required pursuant to N.J.S.18A:39-1 to be transported by the school district, and who attends a nonpublic school which is a part of the county consortium.  The county 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 county consortium received an aid in-lieu-of transportation amount under the pilot program.  If the per pupil cost of the lowest bid received exceeds the aid in-lieu-of transportation amount, then the parent or guardian of the student shall be eligible to receive the aid in-lieu-of transportation amount from the county consortium for that school year.

     The county consortium may transport a nonpublic school pupil who is attending a nonpublic school which is part of the county 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 student cost of the route and shall be paid at the time and in the manner determined by the county consortium.

     The county consortium shall refund annually, after the completion of the school year, to the school districts any unexpended funds received pursuant to the pilot program.  The county consortium shall allocate the unexpended funds among the school districts in proportion to the number of nonpublic school pupils for whom the school district distributed funds to the county consortium.

     c.     Each county may choose to participate in the pilot program by creating a county consortium or the nonpublic schools within a county may petition the county in which they are located to create a county consortium.    In order to participate in the pilot program, the county shall provide to the commissioner the necessary assurances that the county consortium is capable of complying with the county consortium's pupil transportation responsibilities under the pilot program.

     d.    The commissioner shall notify school districts affected by the provisions of the pilot program of:

     (1)   the county consortium's responsibilities under the pilot program to provide pupil transportation to pupils attending a nonpublic school which is part of the county 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 county consortium; and

     (3)   the amount required to be disbursed by each school district to the county pursuant to subsection b. of this section.

     e.     The county consortium may use up to one percent of the amounts available to it under the pilot program  for its administrative costs.  The county consortium may accept contributions and donations from  public and private sources for purposes of providing pupil transportation under the pilot program.

     f.  The governing body of the county shall annually enter into a contract with an independent entity to audit the implementation of the pilot program by the county consortium.  The audit for the prior school year shall be submitted to the governing body of the county no later than December 1 of each year, and the governing body of the county shall transmit a copy of the audit to the Commissioner of Education. 

     g.    The commissioner shall establish an oversight committee to oversee the operations of each county consortium in implementing the pilot program.  The oversight committee shall consist of five members including: one member appointed by the governing body of the county, and four members appointed by the commissioner, one of whom shall represent a nonpublic school that is part of the county consortium. 

     h.    Two years following the establishment of the pilot program, the commissioner shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall contain information on the implementation of the pilot program and shall include the commissioner's recommendation on the advisability of continuing the program.

     i.     The State Board of Education shall promulgate rules 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 shall include, but need not be limited to, the process and schedule for the disbursement of funds by the county to the consortium.

 

     2.    This act shall take effect immediately and shall first be applicable to the 2021-2022 school year.

 

 

STATEMENT

 

     This bill establishes a three-year nonpublic school pupil transportation pilot program to provide funding to county consortiums of nonpublic schools that will assume responsibility for the school districts' mandated nonpublic school busing for those students.  Each county, or multiple counties working together, will be permitted to participate in the pilot program by creating a county consortium.  If a county determines not to participate in the pilot program, the bill alternatively permits the nonpublic schools in the county to petition the county to participate in the pilot program and create a county consortium. 

     Under the pilot program, a participating county will disburse to the county consortium an amount equal to the aid in-lieu-of transportation amount (currently set at $1,000) for each nonpublic school pupil who is attending a nonpublic school which is a part of the county consortium and who is required by law to be transported by a school district.  The moneys disbursed by the county will be provided by school districts.  Under the bill, a school district must disburse to the appropriate county an amount equal to the aid in-lieu-of transportation amount for each nonpublic school pupil who resides in the district, is required by law to be transported, and attends a nonpublic school which is a part of the county consortium.  The county consortium will 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 will be eligible to receive the aid in-lieu-of transportation amount from the county consortium for that school year.  In addition to providing transportation for students who are mandated to be transported, the county consortium may provide non-mandated busing to students attending the nonpublic schools that are a part of the county 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 bill requires the county consortium to refund to the school districts any unexpended funds received under the pilot program.  The unexpended funds will be allocated among the school districts in proportion to the number of nonpublic school pupils for whom the school district distributed funds to the county consortium.

     The bill requires the Commissioner of Education to establish a committee to oversee the operations of each county consortium in implementing the pilot program.  The oversight committee will consist of five members: one member appointed by the governing body of the county, and four members appointed by the commissioner, one of whom must represent a nonpublic school that is part of the county consortium.  Under the provisions of the bill, the commissioner will submit a report to the Governor and the Legislature two years following the establishment of the pilot program that will include information on the implementation of the pilot program and the commissioner's recommendation on the advisability of continuing the program.

     The bill takes effect immediately and provides that the pilot program will first be applicable in the 2021-2022 school year.