N.J. Admin. Code § 6A:27-10.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:27-10.2 - Responsibilities of resident district boards of education

(a) Resident district boards of education shall evaluate their methods of transporting students attending a special education or vocational school located outside of the school district and nonpublic school students whose parents or legal guardians receive aid in lieu of transportation to determine whether services could be more economically provided through a coordinated transportation services agency (CTSA).

1. Bidding is not required for the purpose of comparing costs to make this determination.

(b) Resident district boards of education shall first attempt to use a CTSA to provide transportation services for nonpublic school students prior to determining eligibility for aid in lieu of transportation.

(c) Resident district boards of education responsible for the transportation of students going to a special education or vocational school located outside the school district shall utilize a CTSA, except when:

1. The resident district can provide transportation at a lesser cost;

2. The resident district board of education can share transportation services through an agreement with another district board of education;

3. The transportation to be provided by the CTSA does not fall within the policies of the resident district board of education regarding length of ride and/or assignment of students to routes based on student age or classification; or

4. The CTSA is unable to coordinate transportation with other school districts.

(d) Once the resident district board of education has been notified of the estimated cost of transportation and has agreed to the service arranged by the CTSA, the services shall be provided until the student no longer requires transportation.

1. Any party to the transportation service may dissolve the arrangement for good cause shown. The party withdrawing from the agreement shall make available upon request documentation of the cause to all affected parties.

(e) Resident district boards of education that paid aid in lieu of transportation to the parents or legal guardians of nonpublic school students in the prior year, or who have determined that transportation cannot be provided for the ensuing school year, shall attempt to utilize a CTSA for the nonpublic school students before the determination is made to pay aid in lieu of transportation.

1. If any unique limitations or restrictions on providing this transportation exist, the resident district board of education shall provide this information to the CTSA.

2. By August l preceding the school year in which transportation is to be provided, the district board of education shall notify the parents or legal guardians of the nonpublic school students and the nonpublic school administrators as to the manner in which transportation services are to be provided.

3. The executive county superintendent shall be notified when it has been determined that the inability to provide transportation services is due to calendar and/or schedule conflicts.

(f) The resident district board of education shall document the reasons why it chose not to use a CTSA and maintain documentation of the per student cost calculation.

(g) The resident district board of education may renew existing contracts in accordance with 18A:39-3 if the district board of education determines it is in its best interest to do so.

(h) Regional district boards of education shall continue to have the responsibility for providing nonpublic school transportation services for all constituent school district students regardless of grade level, in accordance with N.J.S.A. 18A:39-1. The regional school district board of education shall be responsible for determining when transportation should be provided through a CTSA.

N.J. Admin. Code § 6A:27-10.2

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Deleted (d)4.
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In the introductory paragraph of (a), added "school" preceding "district and nonpublic"; in the introductory paragraph of (b), added "school" preceding "district shall", added paragraph 2, recodified former paragraphs 2 and 3 as 3 and 4, added "school" preceding "districts" in paragraph 4; in (f), substituted "the" for "their" and deleted "of the board"; in (g), added "school" preceding "district".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (d)3, inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a)1, deleted "in order" following "costs"; in (c)1, inserted "available upon request", and deleted "available" following the second occurrence of "cause" and ", upon request" from the end; in the introductory paragraph of (d), substituted "the nonpublic school" for "those"; in (d)3, substituted "executive county superintendent" for "Executive County Superintendent of Schools"; in (e), substituted "the" for "their"; and rewrote (f).

Amended by 53 N.J.R. 163(a), effective 2/1/2021