New Jersey § 18a:39-11

§ 18a:39-11.

a. The Department of Education shall provide for the debarment from bidding on any

pupil transportation contract of a person for causes that include, but are not limited

to: (1) the employment or assignment of an individual as a school bus driver who has been

disqualified to serve as a school bus driver or determined ineligible to operate a

school bus pursuant to the provisions of section 6 of P.L.1989, c. 104 ( C.18A:39-19.1 ); (2) failure to comply with the provisions of section 1 of P.L.2018, c. 152 ( C.18A:39-19.6 ); (3) failure to comply with the provisions of the “School Bus Enhanced Safety Inspection

Act,” P.L.1999, c. 5 ( C.39:3B-18 et seq. ), or any rules or regulations promulgated thereunder; (4) commission of a criminal offense as an incident to obtaining or attempting to

obtain a public or private contract, or subcontract thereunder, or in the performance

of such contract or subcontract; (5) commission of a criminal offense that includes child abuse or sexual misconduct

involving a child; (6) a record of failure to perform or of unsatisfactory performance in accordance

with the terms of one or more pupil transportation contracts, provided that such failure

or unsatisfactory performance has occurred within a reasonable time preceding the

determination to debar and was caused by acts within the control of the person debarred; (7) knowingly submitting a bid for a pupil transportation contract that fails to contain

the information required pursuant to subsection c. of N.J.S.18A:39-3 that would have included a person debarred from bidding on a pupil transportation

contract pursuant to the provisions of this section; or (8) debarment by some other department or agency in the Executive Branch of the New

Jersey State government. b. The debarment shall be for a reasonable, defined period of time not less than one

year and not to exceed five years. c. The existence of any of the causes set forth in subsection a. of this section shall

not necessarily require that a person be debarred from bidding on a pupil transportation

contract. In each instance, the decision to debar shall be made within the discretion of the

Commissioner of Education or the School Bus Safety Ombudsman, unless otherwise required

by law, and shall be rendered in the best interest of the State. d. The Department of Education shall provide written notice to any person subject

to debarment pursuant to the provisions of this section. A person subject to debarment may, within 30 days beginning from the date upon which

the person receives written notice of the debarment, file a challenge of the cause

for debarment to the Commissioner of Education. If no challenge is filed or if the determination of debarment is upheld, notification

of the debarment shall be forwarded to the New Jersey Motor Vehicle Commission, each

executive county superintendent in the State, and each board of education in the State. Notification of the debarment shall be posted on the Department of Education's Internet

website pursuant to the provisions of subsection e. of this section. e. A list of persons debarred from bidding on a pupil transportation contract shall

be maintained on the Department of Education's Internet website and shall be distributed

to each school district and board of education in the State by March 1 of each year. The Commissioner of Education or School Bus Safety Ombudsman may determine to keep

the names of such persons debarred pursuant to the provisions of this section on the

list beyond completion of any debarment period instituted pursuant to the provisions

of this section. f. As used in this section: “ Child abuse ” means any conduct that falls under the purview and reporting requirements of P.L.1971,

c. 437 ( C.9:6-8.8 et seq. ) and is directed toward or against a child or student, regardless of the age of the

child or student. “ Person ” means an individual and any business, including any corporation, partnership, association,

or proprietorship in which such individual is a principal, or with respect to which

the individual owns, directly or indirectly, or controls any of the stock or other

equity interest of such business. “ Sexual misconduct ” means any verbal, nonverbal, written, or electronic communication, or any other

act directed toward or with a child or student that is designed to establish a sexual

relationship with the child or student, including a sexual invitation, dating or soliciting

a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure

or physical exposure of a sexual or erotic nature, and any other sexual, indecent,

or erotic contact with a child or student.