HOUSE BILL 392

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

David M. Gallegos and Dennis J. Roch and Bob Wooley and Sharon Clahchischilliage and Pat Woods

AN ACT

RELATING TO PUBLIC SCHOOL TRANSPORTATION; AMENDING THE PUBLIC SCHOOL CODE TO ALLOW CERTAIN SCHOOL DISTRICTS TO TRANSPORT CERTAIN STUDENTS BY ALTERNATIVE MEANS OF TRANSPORTATION.

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

     SECTION 1. Section 22-16-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 222, as amended) is amended to read:

     "22-16-4. SCHOOL BUS ROUTES--LIMITATIONS--EXCEPTIONS--MINIMUM REQUIREMENTS.--

          A. Bus routes shall be established by the local school district.

          B. Except as provided in Subsections C and [D] E of this section, no school bus route shall be maintained for distances less than:

                (1) one mile one way for students in grades kindergarten through six;

                (2) one and one-half miles one way for students in grades seven through nine; and

                (3) two miles one way for students in grades ten through twelve.

          C. In school districts having hazardous walking conditions as determined by the local school board and confirmed by the state transportation director, students of any grade may be transported a lesser distance than that provided in Subsection B of this section. General standards for determining hazardous walking conditions shall be established by the state transportation division of the department [of education] with the approval of the [state board] department, but the standards shall be flexibly and not rigidly applied by the local school board and the state transportation director to prevent accidents and help ensure student safety.

          D. Notwithstanding department rule, a school district with from one to six students enrolled in the school district whose residence, within the boundaries of the school district, is five or more miles from the student's or students' school or schools shall be able to provide transportation to and from school by means of a school-district-owned, minimum six-passenger, full-size, extended-length, sport utility vehicle driven by a duly licensed school district employee, with both the vehicle and driver insured by the public school insurance authority; provided that the local superintendent is able to demonstrate to the department's state transportation director a savings of five thousand dollars ($5,000) or more from the school district's state transportation allocation.

          [D.] E. Exceptional children whose handicaps require transportation and three- and four-year-old children who meet the [state board-approved] department-approved criteria and definition of developmentally disabled may be transported a lesser distance than that provided in Subsection B of this section."

- 3 -