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S3355
SENATE, No. 3355
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 5, 2026
Sponsored by:
Senator� SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Revises mileage limit for mandatory school
transportation for students in preschool through grade four.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning pupil transportation and revising various
parts of the statutory law.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.18A:39-1 is
amended to read as follows:
���� 18A:39-1.� Whenever in any
school
district there are
[
elementary
school
]
pupils
in grades preschool through four who live more than 1 1/2 miles from
their public school of attendance, or pupils in grades five through eight
who live more than two miles from their public school of attendance
,
or
[
secondary
school
]
pupils
in grades nine through 12
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.�
���� When any school district
provides any transportation for public school pupils to and from school
pursuant to this section, transportation shall be supplied to school pupils
residing in such school district in going to and from any 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.� It shall be the obligation of the parent,
guardian or other person having legal custody of the pupil attending a 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)
���� 2.��� Section 1 of P.L.2011,
c.132 (C.18A:39-1c) is amended to read as follows:
���� 1.��� a.� Notwithstanding the
provisions of N.J.S.18A:39-1 or any other section of law to the contrary, a
school district shall not be required to provide transportation services for
the school year to
[
an
elementary school
]
a
pupil
in grades preschool through four who lives more than 1 1/2
miles from his public school of attendance, or to a pupil in grades five
through eight
who lives more than two miles from his public school of
attendance
,
or to a
[
secondary
school
]
pupil
in grades nine through 12
who lives more than 2 1/2 miles from his
public school of attendance if the pupil's parent or guardian signs a written
statement that the pupil waives transportation services for that school year.�
The written statement shall be in such form as determined by the Department of
Education.
���� b.��� In the event that a
parent or guardian signs a waiver pursuant to subsection a. of this section,
the school district shall develop a policy for the provision of transportation
services to the pupil in the case of a family or economic hardship.
(cf: P.L.2011, c.132, s.1)
���� 3.��� Section 1 of P.L.2001,
c.327 (C.18A:39-1.8) is amended to read as follows:
���� 1.��� Any board of education
which transports pupils to and from school pursuant to N.J.S.18A:39-1 may
provide, on a space-available basis, for the transportation of
[
elementary
school
]
pupils
in grades preschool through four who live less than one and a half
miles from school, pupils in grades five through eight
who live less than
two miles from school
,
and
[
secondary
school
]
pupils
in grades nine through 12
who live less than two and a half miles
from school along an established school bus route, and may require that if the
parent, guardian or other person having legal custody of the child elects to
have the pupil transported, the parent, guardian or other person having legal
custody of the child shall pay all or a part of the costs of that
transportation. A board of education may also provide, on a space-available
basis, for the transportation of
[
elementary
school
]
pupils
in grades preschool through four who live less than one and a half
miles, pupils in grades five through eight
who live less than two miles
,
and
[
secondary
school
]
pupils
in grades nine through 12
who live less than two and a half miles
from any not for profit nonpublic school which satisfies the maximum distance
requirements set forth in N.J.S.18A:39-1 along an established school bus route,
and may require that if the parent, guardian or other person having legal
custody of the child elects to have the pupil transported,� the parent,
guardian or other person having legal custody of the child shall pay all or a
part of the costs of that transportation.� The costs of the transportation
shall be paid at the time and in the manner determined by the board of
education, provided that the costs shall be equitable for both public and
nonpublic pupils.
���� A board of education shall
notify the Department of Education when it elects to provide transportation for
pupils under the provisions of this act.
(cf: P.L.2001, c.327, s.1)
���� 4.��� Section 9 of P.L.2010,
c.65 (C.18A:36B-22) is amended to read as follows:
���� 9.��� a.� Transportation, or
aid in-lieu-of transportation, shall be provided to
[
an elementary school
]
a
pupil
in grades preschool through four who lives more than one and one-half
miles from the choice district school of attendance, to a pupil in grades five
through eight
who lives more than two miles from the choice district school
of attendance
,
and to a
[
secondary
school
]
pupil
in grades nine through 12
who lives more than two and one-half
miles from the choice district school of attendance, provided the choice
district school is not more than 20 miles from the residence of the pupil.�
Transportation, or aid in-lieu-of transportation, shall be the responsibility
of the sending district.� The choice district and the sending district may
enter into a shared service agreement in accordance with the "Uniform
Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007,
c.63 (C.40A:65-1 through C.40A:65-35).
���� b.��� Notwithstanding the
provisions of section 20 of P.L.2007, c.260 (C.18A:7F-62) to the contrary, the
sending district shall receive State aid for transportation calculated pursuant
to section 15 of P.L.2007, c.260 (C.18A:7F-57) for a student transported or
receiving aid-in-lieu-of transportation pursuant to subsection a. of this
section.
(cf: P.L.2010, c.65, s.9)
���� 5.��� This act shall take
effect in the first full school year following the date of enactment.
STATEMENT
���� Under current law, a school
district is required to provide transportation to elementary school students
who live more than two miles from their public school of attendance and to high
school students who live more than two and one-half miles from their public
school of attendance.� This bill would amend current law to require a school
district to provide transportation to students in preschool through grade four
who live more than one and one-half miles from their public school of
attendance.� The bill retains the existing distance requirement of more than
two miles for students in grades five through eight, and the existing distance
requirement of more than two and one-half miles for high school students.�
���� The bill also amends the
transportation eligibility criteria under the �Interdistrict Public School
Choice Program Act� to align with the mileage change made by the bill for
public school students in preschool through grade four.