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.

A132

ASSEMBLY, No. 132

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Assemblyman MICHAEL VENEZIA

District 34 (Essex)

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

Co-Sponsored by:

Assemblymen DePhillips, Scharfenberger, Assemblywoman
Flynn, Assemblymen Sampson, Azzariti Jr., Egan, Sauickie, Rumpf, Peterson,
DiMaio, Simonsen, Assemblywoman Tucker, Assemblyman Webber and Assemblywoman
Park

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

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.

(cf: 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.� �