New Jersey § 18a:39-1

§ 18a:39-1.

Whenever in any district there are elementary school pupils who live more than two

miles from their public school of attendance or secondary school pupils who live more

than 2 1 / 2 miles from their public school of attendance, the district shall provide transportation

to and from school for these pupils. When any school district provides any transportation for public school pupils to and

from school pursuant to this section, transportation shall be supplied to school pupils

residing in such school district in going to and from any remote school other than

a public school, not operated for profit in whole or in part, located within the State

not more than 20 miles from the residence of the pupil; except that if the district

is located in a county of the third class with a population of not less than 80,000

and not more than 120,000 transportation shall be provided to a nonpublic school located

outside the State not more than 20 miles from the residence of the pupil, if there

is no appropriate nonpublic school within the State located closer to the residence

of the pupil; provided the per pupil cost of the lowest bid received does not exceed

$675 for the 1992-93 school year or the amount determined for subsequent years pursuant to section 2 of P.L.1981, c.

57 ( C.18A:39-1a ), and if such bid shall exceed that cost then the parent, guardian or other person having legal custody of the pupil

shall be eligible to receive $675 for the 1992-93 school year or the amount determined pursuant to section 2 of P.L.1981, c. 57 ( C.18A:39-1a ) for subsequent years toward the cost of his transportation to a qualified school other than a public school,

regardless of whether such transportation is along established public school routes. It shall be the obligation of the parent, guardian or other person having legal

custody of the pupil attending a remote school, other than a public school, not operating

for profit in whole or in part, to register said pupil with the office of the secretary

of the board of education at the time and in the manner specified by rules and regulations

of the State board in order to be eligible for the transportation provided by this

section. If the registration of any such pupil is not completed by September 1 of the school

year and if it is necessary for the board of education to enter into a contract establishing

a new route in order to provide such transportation, then the board shall not be required

to provide it, but in lieu thereof the parent, guardian or other person having legal

custody of the pupil shall be eligible to receive $675 or the amount determined pursuant to section 2 of P.L.1981, c. 57 ( C.18A:39-1a ), or an amount computed by multiplying 1/180 times the number of school days remaining

in the school year at the time of registration, times $675 for the 1992-93 school year or the amount determined pursuant to section 2 of P.L.1981, c. 57 ( C.18A:39-1a ) for subsequent years, whichever is the smaller amount. Whenever any regional school district provides any transportation for pupils attending

schools other than public schools pursuant to this section, said regional district

shall assume responsibility for the transportation of all such pupils, and the cost

of such transportation for pupils below the grade level for which the regional district

was organized shall be prorated by the regional district among the constituent districts

on a per pupil basis, after approval of such costs by the county superintendent. This section shall not require school districts to provide any transportation for

pupils attending a school other than a public school, where the only transportation

presently provided by said district is for school children transported pursuant to

chapter 46 of Title 18A of the New Jersey Statutes or for pupils transported to a

vocational, technical or other public school offering a specialized program. Any transportation to a school, other than a public school, shall be pursuant to

the same rules and regulations promulgated by the State board as governs transportation

to any public school. The board of education may make rules and contracts for the pupil transportation provided

pursuant to this section. Nothing in this section shall be so construed as to prohibit a board of education

from making contracts for the transportation of pupils to a school in an adjoining

district, when such pupils are transferred to the district by order of the county

superintendent, or when any pupils shall attend school in a district other than that

in which they shall reside by virtue of an agreement made by the respective boards

of education. Nothing herein contained shall limit or diminish in any way any of the provisions

for transportation for children pursuant to chapter 46 of this Title.