HOUSE BILL 553

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Roberto "Bobby" J. Gonzales

AN ACT

RELATING TO PUBLIC SCHOOL TRANSPORTATION; PROVIDING A PUBLIC SCHOOL TRANSPORTATION FUNDING FORMULA FOR STATE-CHARTERED CHARTER SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-8-29.1 NMSA 1978 (being Laws 1995, Chapter 208, Section 10, as amended) is amended to read:

     "22-8-29.1. CALCULATION OF TRANSPORTATION ALLOCATION--PUBLIC SCHOOL DISTRICTS AND STATE-CHARTERED CHARTER SCHOOLS.--

          A. As used in this section:

                (1) "annual variables" means the coefficients calculated by regressing the total operational expenditures from two years prior to the current school year for each school district and state-chartered charter school using the number of students transported and the numerical value of site characteristics;

                (2) "base amount" means the fixed amount that is the same for all school districts and an amount established by rule for state-chartered charter schools;

                (3) "total operational expenditures" means the sum of all to-and-from school transportation expenditures, excluding expenditures incurred in accordance with the provisions of Section 22-8-27 NMSA 1978; and

                (4) "variable amount" means the sum of the product of the annual variables multiplied by each school district's or state-chartered charter school's numerical value of the school district's and state-chartered charter school's site characteristics multiplied by the number of days of operation for each school district or state-chartered charter school.

          B. The department shall calculate the transportation allocation for each school district [and state-chartered charter school] in the following manner:

                [C.] (1) the base amount is designated as product A. Product A is the constant calculated by regressing the total operations expenditures from the two years prior to the current school year for school district [or state-chartered charter school] operations using the numerical value of site characteristics approved by the department. The legislative education study committee and the legislative finance committee may review the site characteristics developed by the state transportation director prior to approval by the department;

                [D.] (2) the variable amount is designated as product B. Product B is the predicted additional expenditures for each school district [or state-chartered charter school] based on the regression analysis using the site characteristics as predictor variables multiplied by the number of days;

                [E.] (3) the allocation to each school district [and state-chartered charter school] shall be equal to product A plus product B; and

          [F. For the 2001-2002, 2002-2003 and 2003-2004 school years, the transportation allocation for each school district shall not be less than ninety-five percent or more than one hundred five percent of the prior school year's transportation expenditure.

                G.] (4) the adjustment factor shall be applied to the allocation amount determined pursuant to [Subsections E and F of this section] Paragraph (3) of this subsection.

          C. The department shall make an allocation to a state-chartered charter school by including the annual variables of to-and-from school transportation expenditures of the state-chartered charter school with the annual variables of the school district in which the state-chartered charter school is geographically located. The department shall use the combined variables to calculate the school district's and state-chartered charter school‛s allocation. The department shall then remove the state-chartered charter school‛s annual variables from the formula and provide funding to the state-chartered charter school that equals the difference between the two calculations. A state-chartered charter school:

                (1) shall not receive transportation funding until after its first renewal;

                (2) shall include in its charter that it is providing transportation services to students; and

                (3) shall notify the department one year in advance of its request for school transportation funding."

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