The October 2024 Law to Address Bus Driver Shortage May Sound Good – But Caveat Emptor

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By: Sandra L. Jacques, Esq., LL.M. – Assistant Director of Legal Education

As school districts struggle to address the shortage of bus drivers in the State, it is important to understand a new law, P.L. 2024, c. 81, that is designed to address this issue, and to recognize the foreseeable legal issues that may arise for districts seeking to use the new law. On October 4, 2024, bill A2180 was signed into law by Governor Murphy to address the shortage of bus drivers in New Jersey by allowing individuals other than certified school bus drivers to provide transportation under certain conditions. 

This new law, which becomes effective on July 1, 2025, creates a Type S Bus Certificate, to allow eligible drivers to operate a Type S school vehicle without obtaining a Commercial Driver’s License (CDL) or endorsements. Under Section 3A:52-9.2(c), a Type S Bus is defined as “a vehicle with a capacity of nine or fewer passengers, as indicated by the vehicle manufacturer, and a gross vehicle weight rating of 3,000 pounds or more, which is required by the MVC to have New Jersey school vehicle Type II, “S2” designated license plates.”

Requirements for School Personnel to Provide Transportation for Students

School personnel may be designated to transport students to and from school, at the discretion of the Board of Education (BOE), governing body of a non-public school or State Agency. Notably, any person authorized by a BOE, Body, or Agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. However, such designated school personnel must meet all of the following requirements to be eligible to obtain a Type S school bus certificate from the New Jersey Motor Vehicle Commission:

     (1)  Is at least 21 years old;

     (2)  Has held a valid basic driver’s license for a minimum of three years;

     (3)  Has passed a physical and eye examination;

     (4)  Has completed and passed a knowledge examination pursuant to R.S.39:3-10.1;

     (5)  Has 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; and

     (6)  Has completed any other conditions as determined by the Chief Administrator of the New Jersey Motor Vehicle Commission in collaboration with the Commissioner of Education.

Special Rules for Transport of Students with Medical Needs

Additionally, any BOE, 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. A mobility assistance vehicle is a specialized transport vehicle licensed by the New Jersey Department of Health and Senior Services that is used to:

“provide non-emergency health care transportation of sick, infirm or otherwise disabled persons who are under the care or supervision of a physician or other recognized health care provider and whose medical condition is not of sufficient magnitude or gravity to require transportation in a basic life support ambulance, but does require transportation from place to place for medical care, and whose utilization of an alternate form of transportation, such as taxicab, bus, other public conveyance or private vehicle, might create a serious risk to life and health.” (See N.J.A.C. 8:40-1.1 thru 1.4 for rules governing mobility assistance vehicles and technicians.) 

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. 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.

School districts should also be aware of other legal requirements that apply related to the transportation of medical equipment and administration of medication, including: 

  • N.J.A.C. 6A:16-2.1 (Policy on transportation of medication)
  • N.J.S.A. 18A:40-12.3, 12.5 and 12.6 (Administration of medication)
  • N.J.A.C. 13:20-49D-14 (Transporting specialized equipment such as crutches, walkers, oxygen bottles, ventilators)

Requirements for School Districts Seeking to Use the New Law

If a board of education, governing body of a non-public school or State Agency opt to utilize this new law, the following 3 requirements must be satisfied:

  1. Evidence of automobile insurance requirements for the vehicle must be submitted to the Executive County Superintendent by a date to be set by the Commissioner of the Department of Education. 
  2. Each year prior to transporting school children, the list of designated drivers qualified to transport school children must be submitted to the Executive County Superintendent by a date to be set by the Commissioner of the Department of Education.
    i Only school personnel submitted by that date will be eligible to transport school children to and from school for a given school year. 
  3. 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 must be submitted to the Executive County Superintendent by a date and at a frequency to be set by Commissioner of the Department of Education.
    i Failure to provide the requisite driving record within the prescribed time frame will result in the removal of that individual from the list of designated drivers.
    ii While periodic copies are not definitive, it’s recommended to annually conduct a motor vehicle record check. Please review the MSI Safety Director Bulletin: Motor Vehicle Record Checks: Non-CDL Driver Best Practices. 

Planning for Foreseeable Legal Issues

Without question, there is currently a shortage of school bus drivers in New Jersey. While this new law may assist in alleviating some of the driver shortage burden, as lawyers often say, “caveat emptor” – which translates to “let the buyer beware’… In addition to the State’s requirements noted above, entities must perform their due diligence in assessing additional factors, including but not limited to, safety, potential legal liability, and financial impact, before a school/agency approves the use of new Type S Bus Certificate Drivers for their facility and students.

While, this article does not contain, nor does it constitute, legal advice (you should always consult with your Board Attorney), the following list could be seen as issues to consider when your school/agency analyzes whether utilizing Type S Bus Certificate Drivers would be beneficial, or even possible, for your school/agency.

  • Supervision: How will your Drivers be chosen and supervised? Will a camera and/or tracking device be installed in each vehicle? Who will be responsible for the camera/device, and viewing and maintaining the data? Will a second person, such as an Aide, be traveling in this vehicle or will the driver be alone with the students? Who will evaluate drivers and determine whether they are renewed? Who will develop the evaluation criteria? Will your BOE approve the use of Type S Drivers?
  • Student Physical Safety: Who will provide necessary medical training to the driver? Will all drivers, in addition to obtaining their Type S Bus Certificate, also be required to be trained 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? How will necessary IEP and/or 504 information be communicated to the driver? What will be the required procedures during and after a medical emergency during transport?
  • Student Legal Protections: Who will train the drivers regarding reporting requirements for issues such as HIB, Code of Conduct violations, Title IX and other Discrimination issues? Who will ensure that any potential drivers will have satisfied the requirements of NJ’s “Pass the Trash” background check? See: https://njpsa.org/the-pass-the-trash-law-what-does-it-mean-for-school-districts/ 
  • Vehicles: What type of vehicle will be used? Will the vehicle(s) be purchased by the School/Agency, part of a bus services contract or a personal vehicle owned by the driver with reimbursement for mileage? Who is responsible for inspections, maintenance checks, repairs, regular servicing issues, and the cleaning of the vehicle? What restrictions will you impose regarding the interior of the vehicle, regarding items such as perfumes/animals/foods/products that could cause issues for those with severe allergies? How will you choose the “type” of vehicle to utilize, and the amenities included, such as windows, heating/cooling systems, door lock systems, seatbelt restraints and other needed accommodations for disabled students? Will it be an electric vehicle?
  • Insurance: There is a requirement to submit proof of Motor Vehicle insurance to the Executive County Superintendent. How, if at all, will this affect your insurance rates? How, if at all, will the “permissive driver’s” age and driving record affect your premiums? Will you need to purchase additional liability insurance?
  • Wages: Will an extra stipend be paid to such designated drivers that are already school/agency employees? Will Independent Contractors be used as drivers in addition to existing school employees and/or contracted bus service providers? Will a new part-time position be created for such drivers? Is there a plan to retain drivers, rather than having a constantly changing list of available drivers?
  • Potential Legal Liability: How would a “moving traffic violation” incurred by a driver while transporting students be handled? Would the school/agency pay any fines assessed? Would the driver be retained? If anything “bad” occurs, or is alleged to have occurred, regarding transportation, maintenance of the vehicle, driver/student interaction or student/student harm, are you prepared for the oft filed “negligent supervision and/or “deliberate indifference” lawsuits against the school/agency? Sadly, there have been crimes committed by drivers against students including, but not limited to sexual acts/statutory rape, kidnapping, and assault/battery – what provisions will you put in place to lessen, and hopefully avoid any such issues with your new drivers under this law? 

In conclusion, the rationale for the enactment of this law – to assist in providing schools/agencies with additional drivers – is laudable. However, the potential legal and financial ramifications should be thoroughly considered before implementation in your District/agency.