HOUSE BILL 319

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

D. Wonda Johnson

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING FOR TEMPORARY TRANSPORTATION BOUNDARY AGREEMENTS BETWEEN AND AMONG ADJACENT SCHOOL DISTRICTS; ESTABLISHING PROCEDURES AND CRITERIA FOR TEMPORARY TRANSPORTATION BOUNDARY AGREEMENTS; CREATING A RESOLUTION PROCESS.

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

     SECTION 1. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TEMPORARY TRANSPORTATION BOUNDARY AGREEMENTS.--

          A. School districts may enter into temporary transportation boundary agreements with an adjoining school district or adjoining school districts to transport students living within a specified geographic area in which geographical or climatic conditions would make it unsafe to transport the students to a school within the school district in which the student resides.

          B. No temporary transportation boundary agreement shall be valid unless it has been approved by both the local school board representing the district in which the student resides and the local school board of the proposed attendance school district."

     SECTION 2. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TEMPORARY TRANSPORTATION BOUNDARY AGREEMENTS--PROCEDURES AND CRITERIA.-- 

          A. A temporary transportation boundary agreement shall not duplicate transportation services that are not required to implement the provisions of this section unless specific justification for provision of duplicate transportation services are provided within the agreement that meet the requirements of efficiency and economy.

          B. The temporary transportation boundary agreement shall include a legal description of the adjoining area outside of the school district's boundaries in which transportation services shall be provided under terms of the agreement.

          C. The agreed-upon temporary transportation boundary line and the existing school district boundary line shall be shown and highlighted on United States geological survey maps, or their equivalent, that are attached to the agreement.

          D. The duration of the temporary transportation boundary agreement shall be determined by the local school boards that are part of the agreement based upon the length of time that the agreement shall be in effect.

          E. Upon review and findings that conditions of the temporary transportation boundary agreement and applicable rules and state and federal laws have been complied with, the state transportation director and the secretary shall approve the temporary transportation boundary agreement.

          F. All school boards participating in the temporary transportation boundary agreement shall review the agreement annually. Any revisions to the agreement shall be submitted to the department for approval prior to the initiation of service. If no changes are made in the agreement, it may be continued for an additional year.

          G. Temporary transportation boundary agreements shall not be authorized to transport students who attend school outside the boundary of the school district in which the student resides as a matter of choice.

          H. The extended area of transportation service added to a school district boundary through a temporary transportation boundary agreement shall be counted in the square miles per student for purposes of funding.

          I. Transportation funding for students who receive transportation services within the area approved through the temporary transportation boundary agreement shall be provided by the school district in which the students attend school.

          J. Termination of a temporary transportation boundary agreement may be accomplished by one or both school districts through notification to the department and school districts that the agreement has been terminated."

     SECTION 3. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NONREIMBURSABLE TRANSPORTATION SERVICES.--

          A. Students who attend an out-of-district school as a matter of choice are ineligible to be counted for the transportation distribution from the department. Such students shall be counted on the first reporting date as ineligible student riders.

          B. School districts shall establish local policies that shall be in accordance with applicable state and federal laws and rules governing the transportation of ineligible students who live outside of the school district boundaries.

          C. School districts that, by local policy, choose to provide transportation services to ineligible students shall do so at no additional cost to the school's transportation fund. Such students may board the bus at the last legal stop on an approved route if space is available. School districts shall not add additional services or equipment to accommodate ineligible students. Ineligible students shall not generate funding through the transportation formula."

     SECTION 4. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TRANSPORTATION BOUNDARY DISPUTES--RESOLUTION PROCESS.--

          A. When transportation boundary disputes arise between local school boards that cannot be resolved, the local school boards shall use the following resolution process:

                (1) local school boards shall first request their respective local government entities, including counties, municipalities or chapter houses, to conduct an examination of the issues relating to the transportation boundary dispute and provide written recommendations for resolving the dispute;

                (2) if the local school boards cannot agree on the local government entities' recommendations, one or more of the local school boards may file a written complaint with the department after all efforts to negotiate a resolution to a transportation boundary dispute have failed;

                (3) the department shall establish criteria to resolve transportation boundary disputes; and

                (4) upon request from one or more school boards, the department shall conduct a complete review of the issues related to a transportation boundary dispute and shall render an opinion in writing to the requesting local school boards. The opinion shall specify whether conditions exist that require a temporary transportation boundary agreement based upon department criteria.

          B. If the local school boards are unwilling or unable to negotiate a temporary transportation boundary agreement consistent with department criteria, the department shall develop a temporary transportation boundary agreement. The local school boards shall comply with the requirements set forth in the temporary transportation boundary agreement. The temporary transportation boundary agreement shall be reviewed annually by the department. The department shall rescind the temporary transportation boundary agreement when the conditions requiring the agreement no longer exist.

          C. The decision of the department shall be final."

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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