An Act concerning pupil transportation, amending N.J.S.18A:39-1, P.L.1984, c.73 and P.L.2007, c.260, supplementing chapter 1A of Title 27 of the Revised Statutes and repealing section 2 of P.L.1999, c.310.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) Sections 1 through 3 of this act shall be known and may be cited as the "Student Safety Act of 2015."

2. (New section) a. The Commissioner of Transportation, in conjunction with the Commissioner of Education, shall develop three definitions of the term "hazardous route," for the purposes of providing transportation for nonpublic and public school pupils. The definitions shall differentiate between suburban, urban and rural routes. The commissioners in developing the definitions shall consider, but not be limited to, the following criteria:

(1) Population density;

(2) Traffic volume;

(3) Average vehicle velocity;

(4) Existence or absence of sufficient sidewalk space;

(5) Roads and highways that are winding or have blind curves;

(6) Roads and highways with steep inclines and declines;

(7) Drop-offs that are in close proximity to a sidewalk;

(8) Bridges or overpasses that must be crossed to reach the school;

(9) Train tracks or trestles that must be crossed to reach the school; and

(10) Busy roads or highways that must be crossed to reach the school.

b. The Commissioner of Transportation, in consultation with the local police department, shall designate hazardous routes in the State using the definitions established pursuant to subsection a. of this section. The Commissioner of Transportation shall immediately notify the Commissioner of Education of the designated hazardous routes.

c. The Commissioner of Transportation shall conduct an annual review to determine whether a particular hazardous route continues to require that designation. The Commissioner of Transportation shall immediately notify the Commissioner of Education if a determination is made to discontinue a hazardous route designation.

3. (New section) The Commissioner of Transportation, in consultation with 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.), necessary to effectuate the provisions of this act. These regulations shall include, but shall not be limited to, procedures for the effective and timely review of the hazardous route designation.

4. Section 15 of P.L.2007, c.260 (C.18A:7F-57) is amended to read as follows:

15. a. Each school district's and county vocational school district's State aid for transportation shall consist of base aid (BA) and an incentive factor (IF) determined as follows:

BA = (BA1 x IF) + BA2

where

BA1=CP1 x P1+CD1 x P1 x D1;

BA2=CP2 xP2 + CD2 x P2 x D2;

P1 is the total number of regular education public pupils and regular nonpublic pupils eligible for transportation pursuant to N.J.S.18A:39-1, excluding preschool pupils except pupils that qualify for free full-day preschool pursuant to section 12 of this act, and of special education pupils eligible for transportation pursuant to N.J.S.18A:46-23 with no special transportation requirements, who are resident in the district as of the last school day prior to October 16 of the prebudget year;

D1 is the average home-to-school mileage for P1 pupils;

P2 is the total number of special education pupils eligible for transportation pursuant to N.J.S.18A:46-23 with special transportation requirements who are resident in the district as of the last school day prior to October 16 of the prebudget year;

D2 is the average home-to-school mileage for P2 pupils; and

CP1, CD1, CP2 and CD2 are cost coefficients with values set forth in subsection b. of this section.

IF is the incentive factor, which modifies base aid paid for pupils transported on regular vehicles according to each district's percentile rank in regular vehicle capacity utilization. [Students within the district who receive courtesy busing services shall be included in the calculation of the district's regular vehicle capacity utilization if the courtesy busing services are provided to a student who would otherwise be required to walk to and from school along a route designated as a hazardous route by the school district pursuant to section 2 of P.L.1999, c.310 (C.18A:39-1.5).] For the 2008-2009 school year, IF = l. The Governor shall submit to the Legislature at least 60 days prior to the FY 2011 budget address proposed transportation incentive factors applicable to the 2010-2011 school year and thereafter along with supporting data. The incentive factors shall be deemed approved by the Legislature unless a concurrent resolution is passed within 60 days of the date of submission.

b. For the 2008-2009 school year, the cost coefficients in subsection a. of this section shall have the following values:

CP1 = $383.88;

CD1 = $10.50;

CP2 = $2,675.77; and

CD2 = $5.10.

The cost coefficients shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the cost coefficients shall be established in the Educational Adequacy Report with the amounts adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

c. For the 2008-2009 school year each district and county vocational district shall receive State transportation aid in an amount equal to the school district's or county vocational school district's State aid entitlement calculated pursuant to subsections a. and b. of this section multiplied by 81.4876%.

d. Each executive county superintendent of schools shall complete a study of pupil transportation services in the county no later than 18 months after the effective date of P.L.2007, c.260 (C.18A:7F-43 et al.). The purpose of the study shall be to determine ways to provide pupil transportation services in a more cost-effective and efficient manner. The study shall be transmitted upon completion to the Commissioner of Education and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

(cf: P.L.2007, c.260, s.15)

5. 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. A district shall also provide transportation to and from school for a public elementary school pupil who lives two miles or less from his public school of attendance and a public secondary school pupil who lives 2 1/2 miles or less from his public school of attendance if that pupil lives along a hazardous route designated by the Commissioner of Transportation pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). Notwithstanding any provision of law to the contrary, a district shall be entitled to State aid in an amount equal to 100% of the cost of providing transportation to public school pupils who live along a hazardous route.

When any school district provides any transportation for public school pupils to and from school pursuant to this section, including transportation to pupils who live along a hazardous route, transportation shall be supplied to school pupils residing in such school district in going to and from any remote, or in the case of transportation along a hazardous route non-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 the per pupil cost of the lowest bid received does not exceed $675 for the 1992-93 school year or 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 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 toward the cost of his transportation to a qualified school other than a public school, regardless of whether such transportation is along established public school routes.

Notwithstanding any provision of law to the contrary, a district shall be entitled to State aid in an amount equal to 100% of the cost of providing transportation to nonpublic school pupils who live along a hazardous route.

It shall be the obligation of the parent, guardian or other person having legal custody of the pupil attending a remote, or in the case of transportation along a hazardous route non-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), 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)

6. Section 25 of P.L.1984, c.73 (C.27:1B-25) is amended to read as follows:

25. a. Notwithstanding the provisions of subtitle 4 of Title 27 of the Revised Statutes and P.L.1946, c.301 (C.27:15A-1 et seq.), the commissioner may, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate to counties and municipalities funds for the planning, acquisition, engineering, construction, reconstruction, repair, resurfacing and rehabilitation of public highways and the planning, acquisition, engineering, construction, reconstruction, repair, maintenance and rehabilitation of public transportation projects and of other transportation projects which a county or municipality may be authorized by law to undertake.

b. The commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate at his discretion State aid to counties and municipalities for transportation projects, except that the amount to be appropriated for this program shall be 10% of the total amount appropriated for the total county and municipal aid programs. This State aid shall be set aside prior to any formula allocations provided for in subsections c., d., and e. of this section.

c. The commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law and pursuant to the provisions of subsections b. and d. of this section, allocate State aid to municipalities for public highways under their jurisdiction. The amount to be appropriated shall be allocated on the basis of the following distribution factor:

Pc Cm

DF = ____ + ____

Ps Sm

where, DF equals the distribution factor

Pc equals county population

Ps equals State population

Cm equals municipal road mileage within the county

Sm equals municipal road mileage within the State.

After the amount of aid has been allocated based on the above formula, the commissioner shall determine priority for the funding of municipal projects within each county, based upon criteria relating to volume of traffic, safety considerations, growth potential, readiness to obligate funds and local taxing capacity. In addition to the above criteria used in determining priority of funding of municipal projects in each county, the commissioner shall [consider whether a project is] give the highest priority to projects intended to remedy the hazardous conditions [as identified for the purposes of providing transportation pursuant to N.J.S.18A:39-1.2 for school pupils] of a hazardous route designated by the commissioner pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) or to improve pedestrian safety.

For the purposes of this subsection, (1) "population" means the official population count as reported by the New Jersey Department of Labor and Workforce Development; and (2) "municipal road mileage" means that road mileage under the jurisdiction of municipalities, as determined by the department.

d. There shall be appropriated at least $175,000,000 for the fiscal year commencing July 1, 2006 and for each fiscal year thereafter, for the purposes provided herein and in subsections b., c. and e. of this section. (1) Of that appropriation, the commissioner shall allocate $5,000,000.00 as State aid to any municipality qualifying for aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.). The commissioner shall allocate the aid to each municipality in the same proportion that the municipality receives aid under P.L.1978, c.14. (2) The remaining amount of the appropriation shall be allocated pursuant to the provisions of subsection c. of this section.

e. The commissioner may, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate additional funding to the Local County Aid Program for public highway projects, in accordance with a formula similar to that provided for in subsection c. of this section, except that Cm equals road mileage under county jurisdiction and Sm equals total county road mileage within the State.

(cf: P.L.2012, c.13, s.9)

7. Section 2 of P.L.1999, c.310 (C.18A:39-1.5) is repealed.

8. This act shall take effect immediately.

STATEMENT

This bill requires public school districts to provide transportation services to public and nonpublic school students who live along a hazardous route. The bill stipulates that the district will be entitled to State aid in an amount equal to 100% of the cost of providing such transportation.

Under the bill's provisions, the Commissioner of Transportation, in consultation with the Commissioner of Education, will develop three definitions of "hazardous route" for the purposes of this transportation requirement. The definitions will differentiate between urban, suburban, and rural routes. In developing the definitions, the commissioners will consider the following criteria: population density; traffic volume; average vehicle velocity; existence or absence of sufficient sidewalk space; roads and highways that are winding or have blind curves; roads and highways with steep inclines and declines; drop-offs that are in close proximity to a sidewalk; bridges or overpasses that must be crossed to reach the school; train tracks or trestles that must be crossed to reach school; and busy roads or highways that must be crossed to reach school.

The Commissioner of Transportation, in consultation with the local police department, will designate hazardous routes in the State using the established definitions. The Commissioner of Transportation will then notify the Commissioner of Education of the designated routes. The Commissioner of Transportation will also conduct an annual review to determine whether the designated routes continue to need the hazardous designation, and will notify the Commissioner of Education if a determination is made to discontinue a hazardous route designation.

Finally, the bill provides that when the Commissioner of Transportation determines discretionary aid from the New Jersey Transportation Trust Fund, he must give highest priority to projects intended to remedy conditions on the designated hazardous routes.

The bill amends and repeals sections of a prior law which had authorized school districts to adopt a list of hazardous routes in the district requiring courtesy busing services.