SENATE INDIAN AND CULTURAL AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 330
51st legislature - STATE OF NEW MEXICO - second session, 2014
AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING FOR TRANSPORTATION BOUNDARY AGREEMENTS; SETTING PROCEDURES AND CRITERIA FOR TRANSPORTATION BOUNDARY AGREEMENTS; ADDRESSING THE TRANSPORTATION OF STUDENTS RESIDING ON NATIVE AMERICAN RESERVATIONS; 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] TRANSPORTATION BOUNDARY AGREEMENTS.--
A. School districts are authorized to enter into transportation boundary agreements with an adjoining school district or adjoining school districts regarding students living within a specified geographic area where geographical conditions would otherwise make it impractical to transport such students to school within the school district where they live.
B. Except as provided in Section 5 of this 2014 act, no transportation boundary agreement shall be valid unless approved by both local school boards prior to a school district crossing boundary lines to transport students.
C. A transportation boundary agreement shall not duplicate transportation services that are not required to effectuate the provisions of this statute. If duplicate transportation services are so required, specific justification shall be provided within the agreement that the requirements of efficiency and economy are met.
D. Transportation boundary agreements are not authorized to provide services to students who attend school out of the school district as a matter of choice."
SECTION 2. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:
"[NEW MATERIAL] PROCEDURES AND CRITERIA FOR TEMPORARY TRANSPORTATION BOUNDARY AGREEMENTS.--
A. Except as provided in Section 5 of this 2014 act, no transportation boundary agreement shall be valid unless approved by the local school board representing the school district in which the student lives and the local school board of the proposed attendance school district.
B. The transportation boundary agreement shall include a legal description of the adjoining area outside of the school district's boundaries in which transportation services will be provided under the terms of the agreement.
C. The 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. Except as provided in Section 5 of this 2014 act, no transportation boundary agreement shall be valid unless both local school boards agree to the conditions that are specified in the transportation boundary agreement.
E. The duration of the transportation boundary agreement shall be determined by both local school boards based on the length of time that the agreement is needed.
F. Except as provided in Section 5 of this 2014 act, no transportation boundary agreement shall be valid unless both local school board presidents sign the initial transportation boundary agreement and submit the original agreement to the state transportation director for approval.
G. Upon review and findings that the conditions of this rule and other applicable regulations and state and federal laws have been complied with, the state transportation director and the secretary shall approve the transportation boundary agreement.
H. The local school boards shall review the transportation boundary agreement annually. Any revisions in the terms of the agreement require approval by both local school boards. The revised agreement shall be submitted to the department for approval prior to the initiation 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 the 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. One or both school districts can accomplish termination of the transportation boundary agreement. The department shall be notified by both school districts when the agreement is terminated."
SECTION 3. A new section of Chapter 22, Article 16 NMSA 1978 is enacted to read:
"[NEW MATERIAL] NON-REIMBURSABLE 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 of the public school fund. Such students shall be counted on the fortieth day as ineligible student riders.
B. School districts shall establish local policies governing the transportation of ineligible students who live outside of the school district boundaries. Any such policies shall be in accordance with applicable state and federal law and regulations.
C. School districts that, by local policy, elect to provide transportation services to ineligible students who live outside of the school district's boundaries 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. Additional services or equipment shall not be added 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 OF STUDENTS RESIDING ON NATIVE AMERICAN RESERVATIONS.--
A. School district administrators shall communicate with tribal leaders relative to transportation services on Native American reservations.
B. Before the local school boards enter into a transportation boundary agreement involving Native American students, school district administrators shall consult with tribal representatives and shall review concerns or issues raised by representatives of the tribe when negotiating the terms of the agreement."
SECTION 5. 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, a resolution process is available through the department.
B. Local school boards may request that the department conduct a study of the issues relating to the transportation boundary dispute and provide written recommendations for resolving the dispute.
C. A local school board may file a written complaint with the department after all efforts to negotiate a resolution to a transportation boundary dispute have failed.
D. The department, following a complete review of the issues related to a transportation boundary complaint, shall render an opinion in writing to the local school boards. The opinion shall specify whether conditions exist that require a transportation boundary agreement based on the criteria set forth in this rule.
E. If the local school boards are unwilling or unable to negotiate a transportation boundary agreement consistent with the opinion of the department, the department shall develop a temporary transportation boundary amendment. The local school boards shall comply with the requirements set forth in the temporary transportation boundary amendment. The temporary transportation boundary amendment shall be reviewed annually by the department. The temporary transportation boundary amendment shall be rescinded when the department determines that the conditions requiring the amendment no longer exist.
F. The decision of the department shall be final."
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
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