SENATE BILL 320
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
George K. Munoz
AN ACT
RELATING TO PUBLIC SCHOOLS; ADDRESSING TRANSPORTATION BOUNDARY ISSUES OF SCHOOL DISTRICTS WITH A HIGH CONCENTRATION OF NATIVE AMERICAN STUDENTS; PROVIDING FOR TRANSPORTATION BOUNDARY AGREEMENTS; PROVIDING A RESOLUTION PROCESS FOR TRANSPORTATION BOUNDARY DISPUTES.
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."
SECTION 2. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SCHOOL BUS ROUTES FOR CERTAIN SCHOOL DISTRICTS--TRANSPORTATION BOUNDARY AGREEMENTS--RESOLUTION OF TRANSPORTATION BOUNDARY DISPUTES.--
A. For purposes of this section, "school district" means a school district reporting a minimum of seventy-five percent of the district's student membership as Native American.
B. A school district is authorized to enter into a transportation boundary agreement with an adjoining school district for students the affected local school boards agree need transportation because of conditions that make it impractical or unsafe to transport such students to schools within the district in which they reside.
C. Transportation boundary agreements shall provide for efficient and economic use of resources.
D. No transportation boundary agreement shall be valid unless approved by the local school board representing the district in which the student resides and the local school board of the district the student proposes to attend.
E. A transportation boundary agreement shall include a legal description of the adjoining area outside each school district's boundaries for which transportation services will be provided under the terms of the agreement.
F. The proposed transportation boundary lines and the school district boundary lines shall be shown and highlighted on United States geological survey maps, or their equivalent, that are attached to the agreement.
G. Upon review and findings that the requirements of applicable state and federal laws have been met, the state transportation director and the secretary of public education shall approve the agreement.
H. The participating local school boards shall review the agreement annually. Any revisions in the terms of the agreement shall be approved by both local school boards. The revised agreement shall be submitted to the department for approval prior to continuation of service. If no changes occur, the existing agreement may be continued.
I. The extended area of transportation service added to a school district boundary through the transportation boundary agreement shall be counted in square miles per student for purposes of funding.
J. Students who receive transportation services within the area approved through the transportation boundary agreement shall be counted for transportation funding by the school district in which they attend school.
K. The transportation boundary agreement may be terminated by either district with a thirty-day notice. The department shall be notified by both school districts when the agreement is terminated.
L. When a transportation boundary dispute occurs between local school boards, a local school board may file a written complaint with the department. The department shall:
(1) within thirty days of receipt of the complaint, in consultation with tribal leaders whose students are affected by the proposed boundary change, conduct a study of the issues relating to the dispute; and
(2) within fifteen days of completion of the study, in consultation with tribal leaders whose students are affected by the proposed boundary change, the department, together with tribal leaders, shall provide a written report to all parties involved in the dispute that sets forth a permanent or temporary transportation boundary agreement.
M. The department shall annually review the transportation boundary agreement and:
(1) if the conditions necessitating the agreement are no longer in place, restore the former boundary;
(2) if the conditions necessitating the agreement continue to be in place, make the temporary boundary agreement permanent; or
(3) after consultation with the local school boards and affected tribal leaders, establish an alternative boundary."
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