44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO SCHOOL BUS ROUTES; PROVIDING FOR GREATER LOCAL SCHOOL DISTRICT CONTROL OF BUS ROUTES.

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 for students in grades kindergarten through six, and as provided in Subsections C and D 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)] (1) one and one-half miles one way for students in grades seven through nine; and

[(3)] (2) 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, 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 criteria and definition of developmentally disabled may be transported a lesser distance than that provided in Subsection B of this section."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.