SENATE BILL 258

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOL DISTRICTS WITH A HIGH CONCENTRATION OF NATIVE AMERICAN STUDENTS RESIDING WITHIN THEIR BOUNDARIES TO CONSULT WITH TRIBAL LEADERS REGARDING CERTAIN PUBLIC SCHOOL TRANSPORTATION ISSUES.

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 and 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. 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.

          E. School districts reporting a minimum of seventy-five percent of the school districts' student membership as Native Americans shall consult with tribal leaders regarding concerns and issues related to public school transportation services, transportation boundaries and resolution of transportation boundary disputes."

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