SENATE MEMORIAL 32

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Nicole Tobiassen and Candy Spence Ezzell and Linda M. Trujillo and Natalie Figueroa

 

 

 

 

A MEMORIAL

REQUESTING THE LEGISLATIVE FINANCE COMMITTEE TO STUDY STATEWIDE ISSUES RELATING TO TRANSPORTATION BARRIERS FOR STUDENTS IN FOSTER CARE.

 

     WHEREAS, it has been reported that nationwide, students in foster care miss twice the number of school days compared to other students, which may be due to the fact that many foster children experience housing instability and school changes; and

     WHEREAS, a 2024 legislative finance committee evaluation and report on student attendance found that transportation issues account for about fifteen percent of student absences; and

     WHEREAS, school districts and charter schools that receive funding under Title I, Part A of the federal Elementary and Secondary Education Act of 1965 must ensure that transportation to and from school is provided for students in foster care, consistent with the procedures developed by the local education agency in collaboration with the state or local child welfare agency; and

     WHEREAS, the federal Elementary and Secondary Education Act of 1965 emphasizes the importance of limiting educational disruption by allowing a student in foster care to remain in the student's school of origin, unless it is determined to be in the student's best interest to change schools; and

     WHEREAS, efforts to maintain consistency in education for students in foster care by allowing the students to remain at the students' schools of origin can require creative solutions and adjustments to existing transportation options, including cross-jurisdictional travel and individualized rides, that typical busing does not allow for; and

     WHEREAS, New Mexico requires each school district or charter school to develop and implement written procedures describing how transportation options to support allowing students in foster care to remain in their schools of origin will be provided, arranged and funded; and

     WHEREAS, additional costs incurred by a school district or charter school to provide school-of-origin transportation must be covered either through reimbursement by the children, youth and families department, payment by the local education agency, available federal funds or a previously negotiated cost-sharing agreement, leaving some schools unsure about when, if or by whom the necessary additional transportation will be covered; and

     WHEREAS, only eligible foster care cases can claim reimbursement under federal guidelines, which can become complicated if any of the transportation costs are incurred for students in foster care who are not eligible under a federal program or if eligibility is not properly tracked and often requires the state to manage the cost allocation process; and

     WHEREAS, while in 2025, the children, youth and families department contracted with two third-party providers to bring transportation services to foster families, those contracts have since been terminated; and 

     WHEREAS, currently there are proposals to study foster care placement and treatment reimbursement rates, explicitly including "reasonable travel expenses" as part of the costs reimbursed to resource families, as well as to create a refundable foster parent or guardian income tax credit to strengthen foster family capacity and stable placement, which may have indirect impacts on the need for high-cost transportation options in the future; and

     WHEREAS, reliable transportation to and from school is essential for the protection and well-being of students in foster care and must be a priority for the state, which requires the dedication of appropriate resources and attention to determine the most effective solution;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the legislative finance committee be requested to study issues relating to transportation barriers for students in foster care; and

     BE IT FURTHER RESOLVED that the legislative finance committee be requested to include in the study an examination of existing barriers to providing appropriate transportation for students in foster care across the state, including by analyzing recent proposals that aim to provide reimbursements and tax credits within the foster care system, identifying existing gaps in support or funding, clarifying the time line or information necessary for state agencies to determine the actual transportation costs for a student in foster care and to recommend strategies that will ensure comprehensive and consistent funding to address the complicated issue of transportation barriers for students in foster care; and

     BE IT FURTHER RESOLVED that the legislative finance committee be requested to provide a report with its findings and recommendations to the appropriate interim legislative committee on or before November 1, 2026; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the legislative finance committee.

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