N.J. Admin. Code § 6A:27-9.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 6A:27-9.2 - Responsibilities of district boards of education

(a) Prior to the opening of school and in sufficient time to publicly advertise for bids, district boards of education shall assess their student transportation needs. If the assessment indicates that student transportation services are anticipated or in the aggregate will exceed the statutory bid limit, except for contracts qualifying for renewal under N.J.S.A. 18A:39-3, all transportation services shall be bid in accordance with N.J.S.A. 18A:39-3.

1. District boards of education shall assess their school-related activities transportation needs. The transportation shall be bid if the assessment indicates services are anticipated or in the aggregate will exceed the statutory bid limit, except for contracts qualifying for renewal.

2. The resident district board of education shall not be required to bid for nonpublic school, charter school, and choice program transportation services when the services are provided: utilizing a district-owned vehicle or public transportation; through a renewal of an existing contract qualifying for renewal under N.J.S.A. 18A:39-3; or through an agreement with another district board of education.

(b) District boards of education shall have the option of annually bidding all transportation contracts or awarding annual extensions of existing contracts. No contract for the transportation of students to and from school or school-related activities shall be made when the amount to be paid during the school year for such transportation exceeds the bid threshold limit, unless the district board of education making the contract has first publicly advertised for bids. Such advertisement shall be published once in a newspaper circulating in the school district at least 10 days prior to the date fixed for receiving proposals for the transportation. All bids shall be advertised and shall include the identification number of the bid and the time and place for submission of proposals to the district board of education. No proposal shall be opened prior to the hour designated in the advertisement and none shall be received thereafter. The district board of education or designated official shall unseal bids in the presence of individuals in attendance and shall publicly announce the contents.

(c) District boards of education shall designate a committee, official, or an employee to prepare the specifications for which bid proposals are sought. Prior to the advertisement for bids, a copy of the specifications shall be submitted to the executive county superintendent for review for compliance with this chapter. The specifications and advertisement for bids shall be approved and authorized by formal action of the district board of education.

(d) The officer of the district board of education responsible for distributing specifications to prospective bidders shall maintain separate lists of bidders and of all persons who take copies of the specifications.

(e) If any person operating a school bus under contract with a district board of education fails to comply with any of the rules governing student transportation, the district board of education shall immediately notify such person in writing of his or her failure to comply.

1. If the violation is repeated, the district board of education may require the violator to show cause at a hearing why his or her failure to comply should not be deemed a breach of contract.

2. If the district board of education after due notice and hearing determines that a breach of contract exists, the district board of education may call upon the bondsperson or surety company to perform the contract or to reimburse the district board of education for any financial loss resulting from the breach of the contract. The district board of education also may annul the contract.

N.J. Admin. Code § 6A:27-9.2

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), added paragraph 1; in (b), added "or school related activities" following "to and from school", added "school" preceding "district at least 10 days", added "district" following "submission of proposals to the"; rewrote (c); and in (e), deleted paragraph 3.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a) and in (a)1, inserted "are anticipated or"; and in (c), inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), inserted "under N.J.S.A. 18A:39-3"; in (a)1, substituted "The transportation shall be bid if" for "If", and deleted "that these" following "indicates" and ", this transportation shall be bid" from the end; in (b), substituted "and shall include" for "with" and a period for a comma following "thereafter", and deleted "fixed to each advertisement" following "place"; in (c), inserted a comma following "official", inserted "bid", and substituted "executive county superintendent" for "Executive County Superintendent of Schools"; in (d), substituted "separate lists of bidders and" for "a bidders' list and keep a list"; and in (e)2, deleted ", after due notice and hearing," following "If", inserted "after due notice and hearing", and substituted ". The district board of education also" for ", and".

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