N.J. Admin. Code § 6A:27-2.2

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

Section 6A:27-2.2 - Eligibility requirements

(a) Elementary and secondary nonpublic school students must reside remote from their nonpublic school to be eligible for transportation services.

(b) Only resident district boards of education that provide transportation to remote public school students attending public school programs other than vocational, special education, or other specialized programs shall be required to provide transportation services to eligible nonpublic school students.

(c) The nonpublic school shall be located within the State not more than 20 miles from the student's home, and shall not be operated for profit in whole or in part.

1. A county of the third class is defined as a county that does not border the Atlantic Ocean and has a population between 50,000 and 200,000. If a school district is located in a county of the third class with a population of between 80,000 and 120,000, based on the last U.S. Decennial Census, transportation services shall be provided to a nonpublic school located outside the State not more than 20 miles from the student's home.

2. Students living more than 20 miles from their nonpublic school are eligible for transportation services when other remote students living in their municipality, but whose residences are less than 20 miles from the school, are transported to the same school. Students who live more than 20 miles from their nonpublic school and who reside in a regional or consolidated school district composed of only two constituent municipalities shall also be eligible for transportation services when other remote students living in either municipality are transported or the parents of other remote students living in either municipality receive aid in lieu of transportation. District boards of education may require students living more than 20 miles from the school to utilize existing school bus routes and stops established for students living within 20 miles of the school.

(d) All nonpublic school students eligible for transportation or aid in lieu of transportation shall be enrolled in kindergarten through grade 12. Nonpublic school students shall meet the entrance age requirement for the public school students of their resident district board of education in accordance with N.J.S.A. 18A:38-5 and 18A:44-2 to be eligible for transportation services.

(e) Expenditures for nonpublic school transportation shall be limited to the annual maximum statutorily established amount per student in accordance with N.J.S.A. 18A:39-1. If the cost of transportation to the nonpublic school exceeds this amount, the resident district board of education shall not provide transportation but instead shall pay aid in lieu of transportation to the student's parents or legal guardians.

N.J. Admin. Code § 6A:27-2.2

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Rewrote c(2).
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In paragraph (c)1, added "school" preceding "district".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (b), substituted "that" for "which"; in (c)1, substituted "between" for "not less than" and deleted "not more than" preceding "120,000,"; in (c)2, deleted a comma following "municipalities"; and in (e), rewrote the second sentence.

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