1. A. As used in this section:

   1. (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; provided that for fiscal years 2022 and 2023, the coefficients shall be calculated by regressing the total operational expenditures from fiscal year 2019;
   2. (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. (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. (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.
2. B. The department shall calculate the transportation allocation for each school district and state-chartered charter school.
3. C. The base amount is designated as product A. Product A is the constant calculated by regressing the total operational 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.
4. 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.
5. E. The allocation to each school district and state-chartered charter school shall be equal to product A plus product B. The adjustment factor shall be applied to the calculation.
6. 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.

History: Laws 1995, ch. 208, § 10; 1999 (1st S.S.), ch. 11, § 3; 2001, ch. 350, § 1; 2006, ch. 94, § 20; 2021, ch. 130, § 2; 2022, ch. 9, § 2.

ANNOTATIONS

Cross references. — For the legislative education study committee, see 2-10-1 NMSA 1978.

For the legislative finance committee, see 2-5-1 NMSA 1978.

For references to the former state board, see 9-24-15 NMSA 1978.

For the program support and student transportation division of the department, see 9-24-4 NMSA 1978.

The 2022 amendment, effective May 18, 2022, adjusted school districts' and charter schools' fiscal year 2023 transportation distribution calculations, and allowed state-chartered charter schools that operated a transportation program in fiscal year 2022 but did not operate a program in fiscal year 2019 or fiscal year 2020 to receive transportation funding based on fiscal year 2022 data; and in Subsection A, Paragraph A(1), after "provided that for fiscal", deleted "year" and added "years", and after "2022", added "and 2023".

Temporary provisions. — Laws 2022, ch. 9, § 3 provided that notwithstanding the provisions of the Public School Finance Act, for a state-chartered charter school that did not operate a to-and-from school transportation program in fiscal year 2019 or 2020 but did operate a to-and-from school transportation program in fiscal year 2022, the public education department shall use data from fiscal year 2022 to calculate the transportation distribution for fiscal year 2023.

The 2021 amendment, effective June 18, 2021, required the fiscal year 2022 calculation for the school transportation distribution be based on fiscal year 2019 transportation expenditure data; in Subsection A, Paragraph A(1), after "characteristics", added "provided that for fiscal year 2022, the coefficients shall be calculated by regressing the total operational expenditures from fiscal year 2019"; in Subsection E, after "product B", added "The adjustment factor shall be applied to the calculation"; and deleted Subsection G.

The 2006 amendment, effective July 1, 2007, added state-chartered charter schools in Paragraphs (1) and (4) of Subsection A and Subsections B through E; and added an amount established by rule for state-chartered charter schools in Paragraph (2) of Subsection A.

The 2001 amendment, effective June 15, 2001, in Subsection F, deleted "1999-2000, 2000-2001 and", inserted "2002-2003 and 2003-2004" substituted "ninety-five percent" for "one hundred percent" and "one hundred five percent" for "one hundred fifteen percent", and substituted "prior" for "1998-1999".

The 1999 amendment, effective May 21, 1999, added present Subsections A, C through E, and G and redesignated subsequent subsections accordingly; in Subsection B deleted "in the following manner" from the end of the introductory language and deleted Paragraphs (1) through (7), which set out the manner for calculating the transportation allocation for each school district; deleted former Subsection C, relating to determination of the transportation allocation by districts transporting less than 75 students; and in Subsection F substituted "1999-2000, 2000-2001 and 2001-2002 school years" for "1997-98, 1998-99 and 1999-2000 school years", "one hundred percent" for "ninety-five percent", "of the 1998-1999" for "of the 1996-97", and "expenditure" for "allocation".