HOUSE BILL 178

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

INTRODUCED BY

Jimmie C. Hall and Stephanie Garcia Richard

and Christine Trujillo

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO ALLOW SCHOOL DISTRICTS AND CHARTER SCHOOLS TO USE A PORTION OF THEIR RESPECTIVE STATE TRANSPORTATION DISTRIBUTIONS TO PROVIDE LONG-TERM PASSES FOR HIGH SCHOOL STUDENTS TO USE ON PUBLIC TRANSPORTATION FOR TRANSPORT TO AND FROM SCHOOL DURING THE SCHOOL YEAR.

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

     SECTION 1. Section 22-8-29 NMSA 1978 (being Laws 1967, Chapter 16, Section 78, as amended) is amended to read:

     "22-8-29. TRANSPORTATION DISTRIBUTIONS--REPORTS--PAYMENTS.--

          A. On the second reporting date and the third reporting date of each year, each local school board of a school district and governing body of a state-chartered charter school shall report to the state transportation director, upon forms furnished by the state transportation director, the following information concerning the school district's or state-chartered charter school's operation on each respective reporting date of the current year:

                (1) the number and designation of school bus routes in operation in the school district;

                (2) the number of miles traveled by each school bus on each school bus route, showing the route mileage in accordance with the type of road surface traveled;

                (3) the number of students, including special education students, transported on each reporting date of the current year and adjusted for special education students on December 1;

                (4) the projected number of students to be transported in the next school year;

                (5) the seating capacity, age and mileage of each bus used in the school district for student transportation; and

                (6) the number of total miles traveled for each school district's or state-chartered charter school's per capita feeder routes.

          B. Each local school board of a school district and governing body of a state-chartered charter school maintaining a school bus route shall make further reports to the state transportation director at other times specified by the state transportation director.

          C. The state transportation director shall certify to the secretary that the allocations from the transportation distributions to each school district and state-chartered charter school are based upon the transportation distribution formula established in the Public School Code, calculated and distributed for the entire school year using an average of the amounts reported on the second reporting date and third reporting date of the prior school year, and are subject to audit and verification.

          D. The department shall make periodic installment payments to school districts and state-chartered charter schools during the school year from the transportation distributions, based upon the allocations certified by the

state transportation director.

          E. Notwithstanding any other section of the Public School Code, a school district may use funding from its state transportation distribution to provide high school students with long-term passes for use on public transportation for transport to and from school during the school year; provided that:

                (1) the department shall promulgate rules to account for the calculation of a funding factor to account for school districts that elect to use funds from their respective transportation distributions to purchase long-term public transportation passes; and

                (2) a student who chooses to use a public transportation pass for transportation to and from the school that the student attends releases the school district or charter school from any and all liability for bodily injury or emotional harm, distress, trauma or loss or damage to personal property that may result from the student's use of the public transportation pass for transportation to and from the school that the student attends."

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