LEGISLATIVE FISCAL ESTIMATE
                              [First Reprint]
                               ASSEMBLY, No. 5412
                             STATE OF NEW JERSEY
                              220th LEGISLATURE
                                             DATED: JUNE 26, 2023
                                                  SUMMARY
    Synopsis:                   Establishes nonpublic school transportation program to provide
                                funding to consortiums of nonpublic schools that will assume
                                responsibility for mandated nonpublic school busing.
    Type of Impact:             Annual State expenditure increase.
                                Annual school district expenditure and revenue increases.
    Agencies Affected:          Department of Education; local school districts.
                                       Office of Legislative Services Estimate
    Fiscal Impact                                                        Annual
    State Cost Increase                                               Indeterminate
    Local Cost Increase                                               Indeterminate
    Local Revenue Increase                                            Indeterminate
    The Office of Legislative Services (OLS) determines that this bill will result in an
     indeterminate annual increase in State costs associated with the creation of consortiums for
     nonpublic school transportation. The magnitude of the cost increase would depend on the
     number of consortiums created and the cost per pupil of providing transportation for each
     consortium.
    Based on assumptions and data described in detail in the fiscal analysis, the OLS estimates that
     this bill could cost as much as $12.1 million in FY 2024. However, actual cost increases are
     likely to be more moderate, considering that the State does reimburse some districts for some
     amount of per pupil costs. The OLS does not have access to specific data concerning per pupil
     transportation costs needed to provide a more precise estimate.
      Office of Legislative Services                                    Legislative Budget and Finance Office
           State House Annex                                                    Phone (609) 847-3105
              P.O. Box 068                                                       Fax (609) 777-2442
      Trenton, New Jersey 08625                                                  www.njleg.state.nj.us
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                                    BILL DESCRIPTION
    This bill establishes a nonpublic school consortium transportation program to provide funding
to consortiums of nonpublic schools that will assume responsibility for participating school
districts’ mandated nonpublic school busing for those students.
    Under the bill, a participating school district will pay to the consortium an amount equal to the
aid in-lieu-of transportation amount, currently $1,022, for each nonpublic school pupil residing in
the district who is attending a nonpublic school which is a part of the consortium and who is
required by law to be transported by the district. The consortium is to assume the responsibilities
of transporting the pupils for whom it receives payment from the school district. A consortium
may provide non-mandated transportation to students attending the nonpublic schools, provided
that the parents or guardians of those students pay all of the costs of that transportation.
    The bill provides that if the per pupil cost of the lowest bid received exceeds the aid in-lieu-of
transportation amount, the parent or guardian of the student will be eligible to receive the aid in-
lieu-of transportation amount from the consortium for that school district. At the end of the school
year, the consortium will refund to the resident school district a portion of the aid in-lieu-of amount
for a nonpublic school student who did not receive transportation for the entire school year. If any
funds remain unexpended by the consortium at the end of the school year, the consortium is
required to allocate that amount among the participating school districts in proportion to the
number of nonpublic school pupils for whom the school district paid the consortium.
                                     FISCAL ANALYSIS
EXECUTIVE BRANCH
   None received.
OFFICE OF LEGISLATIVE SERVICES
    The OLS determines that this bill will result in an indeterminate increase in State costs
associated with the creation of consortiums for nonpublic school transportation. The magnitude
of the cost increase for the State would depend on the number of consortiums created and the cost
per pupil of providing transportation for each consortium compared to the current cost per pupil
of providing transportation in each participating school district.
    Currently, school districts are responsible for providing transportation services to certain
nonpublic school students, and the State reimburses districts for per pupil transportation costs in
excess of $710 and up to $1,022. Under the bill, a school district would pay to the consortium
$1,022 regardless of actual per pupil transportation costs incurred by the consortium. The State
would then reimburse school districts the maximum amount possible.
    Based on data from the Department of Education, an estimated 38,772 nonpublic school
students will receive transportation services in the 2023-2024 school year. Assuming that the State
does not currently reimburse school districts for per pupil transportation costs in excess of $710
for any of these students and that a consortium would become responsible for providing
transportation services for each of these students, the bill would result in an increase in State costs
of $12.1 million. However, actual cost increases are likely to be more moderate, considering that
the State does reimburse some districts for some amount of per pupil costs. The OLS does not
have access to detailed information about actual per pupil transportation costs that would enable a
more precise estimate.
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    A school district may experience a slight revenue increase to the extent that any nonpublic
school students residing in the district do not receive transportation services from the consortium
for the entire school year and the consortium is required to return a portion of the funding provided
for those students to the resident school district.
  Section:      Education
  Analyst:      Abigail Chambers
                Assistant Fiscal Analyst
  Approved:     Thomas Koenig
                Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).