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

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(Updated August 2025)

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

As school districts struggle to address the shortage of bus drivers in the State, it is important to understand a new law (https://tinyurl.com/Oct2024-8passengertransport), 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 became effective on July 1, 2025, permits any Board of Education (BOE), governing body of a nonpublic school, or State agency to 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.

Requirements for School Personnel to Provide Transportation for Students

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. 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)  Is at least 21 years of age;

(2)  Possess a NJ driver’s license for a minimum of three years;

(3)  Has a completed physical on file with the School District or local education agency;

(4)  Has a completed criminal history background check by the NJ Dept. of Education and a Child Abuse Record Information check;

(5)  Submits a driving record for the past five years demonstrating evidence of no alcohol or drug-related Motor Vehicle violations; and

(6)  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.

The designated personnel that meet these criteria must 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 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.

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 requirements must be satisfied:

  1. 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 – this year is August 22, 2025.  Only school personnel submitted by that date will be eligible to transport school children to and from school for a given school year.
  2. 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 NJDOE. 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.

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.  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.

Any certified mobility assistance vehicle 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.

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 regarding this new transportation option for 8 or fewer passengers, including but not limited to, safety, potential legal liability, and financial impact, before a school/agency approves the use of 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 drivers described herein?
  • Student Physical Safety: Who will provide necessary medical training to the driver? Will all drivers, in addition to meeting the criteria noted above, 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.