Guidance on Designating CDL-Exempt Drivers
Guidance on Designating Drivers for Student Transportation pursuant to P.L. 2024, c.81 for the 2026-2027 School Year
P.L.2024, c.81 amended N.J.S.A. 18A:39-20.1 to allow district boards of education to designate school personnel who are not licensed as school bus drivers to transport students between home and school in a private or district-owned vehicle that has a maximum capacity of eight or fewer passengers (excluding the driver). The Department adopted regulations pertaining to the law’s implementation, effective October 2025, which can be found at N.J.A.C. 6A:27-7.6(b) through (k). Please note that P.L.2024, c.81 and the Department’s implementing regulations do not impact requirements regarding transportation to and from related school activities under N.J.S.A. 18A:39-20.1.
This document provides the guidance necessary for district boards of education to implement the law’s provisions.
School District Responsibilities
School districts that elect to designate personnel to transport students to and from school pursuant to the new law must abide by the following procedures:
- Establish policies that require the designated personnel to meet the criteria outlined under “Driver Requirements” section below.
- The policies should also include any necessary vehicle specifications, including, at a minimum, the criteria outlined under “Vehicle Requirements” below.
- Designate an employee who will access New Jersey’s online Child Abuse Record Information (CARI) service to obtain the required CARI checks for prospective drivers pursuant to the law.
- Tutorials for obtaining CARI checks can be found on the CARI Tutorials webpage. Additional guidance from the NJ Department of Children and Families (DCF) can be found in the letter from DCF regarding CARI checks posted in the CDLX application system on NJDOE Homeroom.
- Submit to the executive county superintendent a list of designated drivers for the 2026-27 school year by August 17th, along with the following documentation:
- A copy of each driver’s driving history abstract for the previous five years;
- Documentation that a CARI check was completed by DCF (Note: Do not send or share the actual CARI check, as this is highly sensitive and confidential and should be maintained in a secure location within the district); and
- Documentation that the vehicle that will be driven by the designated personnel has at least $1.5 million in automobile liability insurance for bodily injury and property damage in accordance with N.J.A.C. 6A:27-1.6(a).
- Ensure the vehicles used for transporting students pursuant to the new law meet State and Federal requirements, as applicable.
- Ensure each driver completes the training required pursuant to N.J.S.A. 18A:39-19.1a.c (basic safety training) and 19.2 (training for interacting with students with disabilities).
- Maintain on file all documentation demonstrating each driver’s eligibility.
- Ensure that only drivers on the list submitted to the county office by August 17th are driving; no additional drivers may be added to the list after the deadline.
- On a monthly basis throughout the school year, access and review the driving record of each designated driver to ensure the driver has not committed a disqualifying offense.
- A school district must immediately report to the executive county superintendent any disqualifying offense and remove the driver from the list.
- School districts and coordinated transportation services agencies (CTSAs) may permit their employees to transport students from other school districts. In that circumstance, the employing school district or CTSA bears the responsibilities above for all of their employees, including completing the monthly driver history checks and notifying all participating districts of changes in a driver’s eligibility.
Driver Requirements
School districts are encouraged to establish policies for driver requirements to maximize student safety. At a minimum, school districts must establish policies that require the designated personnel to meet all of the following criteria. Designated drivers must:
- Be an employee of either a public school district or a coordinated transportation services agency (CTSA).
- Contracted providers are not employees of the school district (or CTSA) and may not be designated as drivers under the provisions of this law.
- Be at least 21 years old and have had a New Jersey driver’s license for at least 3 years;
- Receive safety training in accordance with N.J.S.A. 18A:39-19.1a.c and training for interacting with students with disabilities in accordance with N.J.S.A. 18A:39-19.2;
- Provide evidence of the following on an annual basis:
- physical exam (per N.J.S.A. 18A:16-2);
- criminal history background check (per N.J.S.A. 18A:6-7.1);
- child abuse record information check (CARI); and
- driving record for the previous five years;
- Provide written consent for the school district to access their driving records on a monthly basis.
Vehicle Requirements
Vehicles used for this purpose may be private or district-owned vehicles. Therefore, school districts are encouraged to establish policies for vehicle requirements to maximize student safety. At a minimum, school districts must ensure that any vehicles used by the designated personnel to transport students to and from school meet the following criteria:
- Have a maximum capacity of eight or fewer passengers, excluding the driver.
- Meet all State and Federal standards and requirements specific to the vehicle and in accordance with any transported student’s individualized education program (IEP).
- These include valid registration and vehicle specifications that are specific to each vehicle’s type and age.
Questions
Questions regarding the implementation of P.L.2024, c.81 should be submitted to the Office of Student Transportation at student.trans@doe.nj.gov.
Official Site of The State of New Jersey