Clarifies types of vehicles that may be used by school personnel to transport students to and from school and school related activities.

S4165

SENATE, No. 4165

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

���� Clarifies types of vehicles that may be used by
school personnel to transport students to and from school and school related
activities.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning student transportation and amending P.L.1981,
c.51.

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

���� 1.��� Section 1 of P.L.1981,
c.51 (C.18A:39-20.1) is amended to read as follows:

���� 1. a. Notwithstanding any
statute or regulation to the contrary, any board of education, governing body
of a nonpublic school, or State agency may authorize qualified school
personnel, State employees, or parents to transport school children to and from
related school activities in a private vehicle with a capacity of eight or
less.� The board of education, governing body of a nonpublic school, or State
agency may also designate school personnel to transport school children to and
from school
or school related activities in a private vehicle or school-owned
vehicle with a capacity of eight or less
.� The designated personnel will
only be deemed qualified to transport school children to and from school if the
designated school personnel meet the following criteria:

���� (1) be at least 21 years of
age;

���� (2) possess a New Jersey
driver's license for a minimum of three years;

���� (3) have a completed physical
on file with the school district or local education agency;

���� (4) have completed a criminal
history background check by the New Jersey Department of Education and a Child
Abuse Record Information check;

���� (5) submit a driving record
for the past five years demonstrating evidence of no alcohol- or drug-related
motor vehicle violations; and

���� (6) have completed the
training program established in accordance with P.L.2015, c.123 (C.18A:39-19.2
et seq.) on appropriate procedures for interacting with students with special
needs.

���� The designated personnel that
meet these criteria
[
must
]

shall

utilize a vehicle that does not exceed a maximum seating capacity of eight
passengers, excluding the driver, to transport school children to and from
school.

���� Any person authorized by a
board, body, or agency to provide such transportation services shall not be
required to be licensed or regulated as a school bus driver. Such
transportation shall be exempt from all registration, equipment, inspection,
and maintenance requirements imposed on the transportation of pupils by school
bus.� Evidence of appropriate automobile insurance requirements for the vehicle

[
must
]

shall

be submitted by the board of education, governing body of a nonpublic school,
or State agency to the Executive County Superintendent by a date set by the
Commissioner of the New Jersey Department of Education.

���� Each year prior to
transporting school children, the board of education, governing body of a
nonpublic school, or State agency designating school personnel as qualified to
transport school children to and from school pursuant to this
[
law must
]

section
shall
submit the list of designated drivers to the Executive County
Superintendent by a date set by the Commissioner of the New Jersey Department
of Education. Only school personnel submitted by that date
[
will
]

shall

be eligible to transport school children to and from school for a given school
year.

���� The board of education,
governing body of a nonpublic school, or State agency designating school
personnel as qualified to transport school children to and from school pursuant
to this
[
law
must
]

section
shall
also submit periodic copies of the designated personnel's driving
record showing no alcohol- or drug-related motor vehicle violations or any
other motor vehicle violations that would disqualify the driver's eligibility
of transporting school children pursuant to Title 18A of the New Jersey
Statutes and Title 39 of the Revised Statutes to the Executive County
Superintendent by a date set, and at a frequency set, by the Commissioner of
the New Jersey Department of Education. Failure to provide the requisite
driving record within the prescribed time frame
[
will
]

shall
result in the
removal of that individual from the list of designated drivers.

���� b.��� Notwithstanding any
statute or regulation to the contrary, any board of education, governing body
of a nonpublic school, or State agency may authorize a person certified as a
mobility assistance vehicle technician to transport a student with medical needs
to and from school or related school activities in a mobility assistance
vehicle. Any certified mobility assistance vehicle technician authorized by a
board, body, or agency to provide such transportation services shall not be
required to be licensed or regulated as a school bus driver. Such
transportation shall be exempt from all registration, equipment, inspection,
and maintenance requirements imposed on the transportation of students by a
school bus.

���� Each year prior to
transporting students, a certified mobility assistance vehicle technician who
transports a student with medical needs in accordance with this section shall
furnish to the executive county superintendent a criminal history background check
and evidence of a check for the technician's record of alcohol- and
drug-related motor vehicle violations.

���� For the purposes of this
subsection, "student with medical needs" means a school-aged child
who suffers from a life-threatening medical condition and, as a result of such
condition, requires more individualized and continuous care.

(cf: P.L.2024, c.81, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill permits certain
school personnel to transport children to and from school and school related
activities in certain vehicles with a capacity of eight or less.

���� Under current law, a board of
education, governing body of a nonpublic school, or State agency is permitted
to designate school personnel to transport school children to and from school
in a vehicle with a capacity of eight or less provided the school personnel
meet various requirements.� This bill clarifies that the school personnel may
utilize a private or school-owned vehicle with a capacity of eight or less to transport
school children to and from school or school related activities.