HOUSE BILL 166
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Dennis J. Roch
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC EDUCATION; ALLOWING SCHOOL DISTRICTS AND CHARTER SCHOOLS TO ESTABLISH TRANSPORTATION AGREEMENTS TO TRANSPORT CHARTER SCHOOL STUDENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-26 NMSA 1978 (being Laws 1967, Chapter 16, Section 76, as amended) is amended to read:
"22-8-26. TRANSPORTATION DISTRIBUTION.--
A. Money in the transportation distribution of the public school fund shall be used only for the purpose of making payments to each school district [or state-chartered charter school] for the to-and-from school transportation costs of students in grades kindergarten through twelve attending public school within the school district [or state-chartered charter school] and of three- and four-year-old children who meet the department-approved criteria and definition of developmentally disabled and for transportation of students to and from their regular attendance centers and the place where vocational education programs are being offered.
B. In the event a school district's [or state-chartered charter school's] transportation allocation exceeds the amount required to meet obligations to provide
to-and-from transportation, three- and four-year-old developmentally disabled transportation and vocational education transportation, fifty percent of the remaining balance shall be deposited in the transportation emergency fund.
C. Of the excess amount retained by the school district [or state-chartered charter school], at least
twenty-five percent shall be used for to-and-from transportation-related services, excluding salaries and benefits, and up to twenty-five percent may be used for other transportation-related services, excluding salaries and benefits as defined by rule of the department.
D. In the event the sum of the proposed transportation allocations to each school district [or state-chartered charter school] exceeds the amounts in the transportation distribution, the allocation to each school district [or state-chartered charter school] shall be reduced in the proportion that the school district [or state-chartered charter school] allocation bears to the total statewide transportation distribution.
E. A local school board [or governing body of a state-chartered charter school], with the approval of the state transportation director, may provide additional transportation services pursuant to Section 22-16-4 NMSA 1978 to meet established program needs.
F. A charter school in which at least twenty percent of the students qualify for transportation services in compliance with an individualized education plan or with Section 504 of the federal Rehabilitation Act of 1973 may choose to provide state-funded transportation services for its eligible students; provided that the eligible students are not receiving transportation services provided for all students.
[F.] G. Nothing in this section prohibits the use of school buses to transport the general public pursuant to the Emergency Transportation Act."
SECTION 2. Section 22-8-27 NMSA 1978 (being Laws 1967, Chapter 16, Section 77, as amended) is amended to read:
"22-8-27. TRANSPORTATION EQUIPMENT.--
A. The department shall establish a systematic program for the purchase of necessary school bus transportation equipment.
B. In establishing a system for the replacement of school-district-owned buses, the department shall provide for the replacement of school buses on a twelve-year cycle. School districts requiring additional buses to accommodate growth in the school district or to meet other special needs may petition the department for additional buses. Under exceptional circumstances, school districts may also petition the department for permission to replace buses prior to the completion of a twelve-year cycle or to use buses in excess of twelve years contingent upon satisfactory annual safety inspections.
C. In establishing a system for the use of contractor-owned buses by school districts [or state-chartered charter schools], the department shall establish a schedule for the payment of rental fees for the use of contractor-owned buses. The department shall establish procedures to ensure the systematic replacement of buses on a twelve-year replacement cycle. School districts requiring additional buses to accommodate growth in the school district or to meet other special needs may petition the department for additional buses. Under exceptional circumstances, school districts may also petition the department for permission to replace buses prior to the completion of a twelve-year cycle or to use buses in excess of twelve years contingent upon satisfactory annual safety inspections.
D. The school district shall file a lien on every contractor-owned school bus under the contract on which the contractor owes money, which lien shall have priority second only to a lien securing the purchase-money obligation. The school district shall perfect its lien on each contractor-owned school bus by filing the lien with the motor vehicle division of the taxation and revenue department. The lien shall be recorded on the title of the school bus. A school bus contractor shall not refinance or use a school bus on which a school district has a lien as collateral for any other loan without prior written permission of the department. A school bus lien shall be collected and enforced as provided in Chapter 55, Article 9 NMSA 1978. The school district shall release its lien on a school bus:
(1) when the department authorizes a replacement of the school bus; or
(2) when the contractor has reimbursed the school district the amount calculated pursuant to Subsection E of this section if the school bus service contract is terminated or not renewed and the contractor owes the school district as provided in that subsection.
E. No school district shall pay rental fees for any one bus for a period in excess of five years. In the event a school bus service contract is terminated or not renewed by either party, the department shall calculate the remaining number of years that a bus could be used based on a twelve-year replacement cycle and calculate a value reflecting that use. The school district shall deduct an amount equal to that value from any remaining amount due on the contract, or if no balance remains on the contract, the contractor shall reimburse the school district an amount equal to the value calculated.
F. If the school district fails to take action to collect money owed to it when a school bus contract is terminated or not renewed, the department may deduct the amount from the school district's transportation distribution."
SECTION 3. 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. Prior to November 15 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 the first 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 transported on the first 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. The allocations for the first six months of a school year shall be based upon the tentative transportation budget of the school district [or state-chartered charter school] for the current fiscal year. Allocations to a school district [or state-chartered charter school] for the remainder of the school year shall adjust the amount received by the school district [or state-chartered charter school] so that it equals the amount the school district [or state-chartered charter school] is entitled to receive for the entire school year based upon the November 15 report and 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."
SECTION 4. Section 22-8-29.1 NMSA 1978 (being Laws 1995, Chapter 208, Section 10, as amended) is amended to read:
"22-8-29.1. CALCULATION OF TRANSPORTATION ALLOCATION.--
A. As used in this section:
(1) "annual variables" means the coefficients calculated by regressing the total operational expenditures from two years prior to the current school year for each school district [and state-chartered charter school] using the number of students transported and the numerical value of site characteristics;
(2) "base amount" means the fixed amount that is the same for all school districts [and an amount established by rule for state-chartered charter schools];
(3) "total operational expenditures" means the sum of all to-and-from school transportation expenditures, excluding expenditures incurred in accordance with the provisions of Section 22-8-27 NMSA 1978; and
(4) "variable amount" means the sum of the product of the annual variables multiplied by each school district's [or state-chartered charter school's] numerical value of the school district's [and state-chartered charter school's] site characteristics multiplied by the number of days of operation for each school district [or state-chartered charter school].
B. The department shall calculate the transportation allocation for each school district [and state-chartered charter school].
C. The base amount is designated as product A. Product A is the constant calculated by regressing the total operations expenditures from the two years prior to the current school year for school district [or state-chartered charter school] operations using the numerical value of site characteristics approved by the department. The legislative education study committee and the legislative finance committee may review the site characteristics developed by the state transportation director prior to approval by the department.
D. The variable amount is designated as product B. Product B is the predicted additional expenditures for each school district [or state-chartered charter school] based on the regression analysis using the site characteristics as predictor variables multiplied by the number of days.
E. The allocation to each school district [and state-chartered charter school] shall be equal to product A plus product B.
F. For the 2001-2002, 2002-2003 and 2003-2004 school years, the transportation allocation for each school district shall not be less than ninety-five percent or more than one hundred five percent of the prior school year's transportation expenditure.
G. The adjustment factor shall be applied to the allocation amount determined pursuant to Subsections E and F of this section."
SECTION 5. Section 22-8-29.4 NMSA 1978 (being Laws 1995, Chapter 208, Section 13, as amended) is amended to read:
"22-8-29.4. TRANSPORTATION DISTRIBUTION ADJUSTMENT FACTOR.--
A. The department shall establish a transportation distribution adjustment factor. The adjustment factor shall be calculated as follows:
(1) calculate the unadjusted transportation allocation for each school district [and state-chartered charter school] designated in Section 22-8-29.1 NMSA 1978 as product A plus product B;
(2) the sum total of product A plus product B in all school districts [and state-chartered charter schools] added together equals product C; and
(3) subtract product C from the total operational transportation distribution for the current year and divide the result by product C and then add 1 in the following manner:
"[(total operational transportation distribution - C) ÷ C]
+ 1". The result is the transportation distribution adjustment factor.
B. As used in this section, "total operational transportation distribution" means the total legislative appropriation for the transportation distribution minus amounts included for capital outlay expenses."
SECTION 6. Section 22-8B-4 NMSA 1978 (being Laws 1999, Chapter 281, Section 4, as amended) is amended to read:
"22-8B-4. CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES--OPERATION.--
A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, physical or mental handicap, serious medical condition, race, creed, color, sex, gender identity, sexual orientation, spousal affiliation, national origin, religion, ancestry or need for special education services.
B. A charter school shall be governed by a governing body in the manner set forth in the charter contract; provided that a governing body shall have at least five members; and provided further that no member of a governing body for a charter school that is initially approved on or after July 1, 2005 or whose charter is renewed on or after July 1, 2005 shall serve on the governing body of another charter school. No member of a local school board shall be a member of a governing body for a charter school or employed in any capacity by a locally chartered charter school located within the local school board's school district during the term of office for which the member was elected or appointed.
C. A charter school shall be responsible for: (1) its own operation, including preparation of a budget, subject to audits pursuant to the Audit Act; and
(2) contracting for services and personnel matters.
D. A charter school may contract with a school district, a university or college, the state, another political subdivision of the state, the federal government or one of its agencies, a tribal government or any other third party for the use of a facility, its operation and maintenance and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter contract. Facilities used by a charter school shall meet the standards required pursuant to Section 22-8B-4.2 NMSA 1978.
E. A conversion school chartered before July 1, 2007 may choose to continue using the school district facilities and equipment it had been using prior to conversion, subject to the provisions of Subsection F of this section.
F. The school district in which a charter school is geographically located shall provide a charter school with available facilities for the school's operations unless the facilities are currently used for other educational purposes. An agreement for the use of school district facilities by a charter school may provide for reasonable lease payments; provided that the payments do not exceed the sum of the lease reimbursement rate provided in Subparagraph (b) of Paragraph (1) of Subsection I of Section 22-24-4 NMSA 1978 plus any reimbursement for actual direct costs incurred by the school district in providing the facilities; and provided further that any lease payments received by a school district may be retained by the school district and shall not be considered to be cash balances in any calculation pursuant to Section 22-8-41 NMSA 1978. The available facilities provided by a school district to a charter school shall meet all occupancy standards as specified by the public school capital outlay council. As used in this subsection, "other educational purposes" includes health clinics, daycare centers, teacher training centers, school district administration functions and other ancillary services related to a school district's functions and operations.
G. A locally chartered charter school may pay the costs of operation and maintenance of its facilities or may contract with the school district to provide facility operation and maintenance services.
H. Locally chartered charter school facilities are eligible for state and local capital outlay funds and shall be included in the school district's five-year facilities plan.
I. A [locally chartered] charter school that chooses to provide transportation services shall negotiate with [a] the school district in which it is geographically located to provide transportation to students eligible for transportation under the provisions of the Public School Code. The school district, in conjunction with the charter school, may establish a limit for student transportation to and from the charter school site not to extend beyond the school district boundary. However, nothing in this subsection shall be construed to require a charter school and school district to enter into a transportation agreement.
J. A charter school shall be a nonsectarian, nonreligious and non-home-based public school.
K. Except as otherwise provided in the Public School Code, a charter school shall not charge tuition or have admission requirements.
L. With the approval of the chartering authority, a single charter school may maintain separate facilities at two or more locations within the same school district; but, for purposes of calculating program units pursuant to the Public School Finance Act, the separate facilities shall be treated together as one school.
M. A charter school shall be subject to the provisions of Section 22-2-8 NMSA 1978 and the Assessment and Accountability Act.
N. Within constitutional and statutory limits, a charter school may acquire and dispose of property; provided that, upon termination of the charter, all assets of the locally chartered charter school shall revert to the local school board and all assets of the state-chartered charter school shall revert to the state, except that, if all or any portion of a state-chartered charter school facility is financed with the proceeds of general obligation bonds issued by a local school board, the facility shall revert to the local school board.
O. The governing body of a charter school may accept or reject any charitable gift, grant, devise or bequest; provided that no such gift, grant, devise or bequest shall be accepted if subject to any condition contrary to law or to the terms of the charter. The particular gift, grant, devise or bequest shall be considered an asset of the charter school to which it is given.
P. The governing body may contract and sue and be sued. A local school board shall not be liable for any acts or omissions of the charter school.
Q. A charter school shall comply with all state and federal health and safety requirements applicable to public schools, including those health and safety codes relating to educational building occupancy.
R. A charter school is a public school that may contract with a school district or other party for provision of financial management, food services, transportation, facilities, education-related services or other services. The governing body shall not contract with a for-profit entity for the management of the charter school.
S. To enable state-chartered charter schools to submit required data to the department, an accountability data system shall be maintained by the department.
T. A charter school shall comply with all applicable state and federal laws and rules related to providing special education services. Charter school students with disabilities and their parents retain all rights under the federal Individuals with Disabilities Education Act and its implementing state and federal rules. Each charter school is responsible for identifying, evaluating and offering a free appropriate public education to all eligible children who are accepted for enrollment in that charter school. The state-chartered charter school, as a local educational agency, shall assume responsibility for determining students' needs for special education and related services. The division may promulgate rules to implement the requirements of this subsection."
SECTION 7. EFFECTIVE DATE.--The effective date of provisions of this act is July 1, 2015.
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