SM 32

                                1  SENATE MEMORIAL 32
                                2        57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4     Nicole Tobiassen and Candy Spence Ezzell and Linda M. Trujillo
                                5  and Natalie Figueroa
                                6
                                7
                                8
                                9
                                10  A MEMORIAL
                                11   REQUESTING THE LEGISLATIVE FINANCE COMMITTEE TO STUDY STATEWIDE
                                12   ISSUES RELATING TO TRANSPORTATION BARRIERS FOR STUDENTS IN FOSTER
                                13   CARE.
                                14
                                15  WHEREAS, it has been reported that nationwide, students in
                                16   foster care miss twice the number of school days compared to
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                                17   other students, which may be due to the fact that many foster
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                                18   children experience housing instability and school changes; and
                                19  WHEREAS, a 2024 legislative finance committee evaluation and
                                20   report on student attendance found that transportation issues
                                21   account for about fifteen percent of student absences; and
                                22  WHEREAS, school districts and charter schools that   receive
                                23   funding under Title I, Part A of the federal Elementary and
                                24   Secondary Education Act of 1965 must ensure that transportation
                                25   to and from school is provided for students in foster care,
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                                1    consistent with the procedures developed by the local education
                                2    agency in collaboration with the state or local child welfare
                                3    agency; and
                                4  WHEREAS, the federal Elementary and Secondary Education
                                5    Act of 1965 emphasizes the importance of limiting educational
                                6    disruption by allowing a student in foster care to remain in
                                7    the student's school of origin, unless it is determined to be
                                8    in the student's best interest to change schools; and
                                9  WHEREAS, efforts to maintain consistency in education for
                                10   students in foster care by allowing the students to remain at
                                11   the students' schools of origin can require creative solutions
                                12   and adjustments to existing transportation options, including
                                13   cross-jurisdictional travel and individualized rides, that
                                14   typical busing does not allow for; and
                                15        WHEREAS, New Mexico requires each school district or
                                16   charter school to develop and implement written procedures
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                                17   describing how transportation options to support allowing
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                                18   students in foster care to remain in their schools of origin
                                19   will be provided, arranged and funded; and
                                20        WHEREAS, additional costs incurred by a school district or
                                21   charter school to provide school-of-origin transportation must
                                22   be covered either through reimbursement by the children, youth
                                23   and families department, payment by the local education agency,
                                24   available federal funds or a previously negotiated cost-sharing
                                25   agreement, leaving some schools unsure about when, if or by
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                                1    whom the necessary additional transportation will be covered;
                                2    and
                                3  WHEREAS, only eligible foster care cases can claim
                                4    reimbursement under federal guidelines, which can become
                                5    complicated if any of the transportation costs are incurred for
                                6    students in foster care who are not eligible under a federal
                                7    program or if eligibility is not properly tracked and often
                                8    requires the state to manage the cost allocation process; and
                                9  WHEREAS, while in 2025, the children, youth and families
                                10   department contracted with two third-party providers to bring
                                11   transportation services to foster families, those contracts
                                12   have since been terminated; and
                                13  WHEREAS, currently there are proposals to study foster
                                14   care placement and treatment reimbursement rates, explicitly
                                15   including "reasonable travel expenses" as part of the costs
                                16   reimbursed to resource families, as well as to create a
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                                17   refundable foster parent or guardian income tax credit to
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                                18   strengthen foster family capacity and stable placement, which
                                19   may have indirect impacts on the need for high-cost
                                20   transportation options in the future; and
                                21  WHEREAS, reliable transportation to and from school is
                                22   essential for the protection and well-being of students in
                                23   foster care and must be a priority for the state, which
                                24   requires the dedication of appropriate resources and attention
                                25   to determine the most effective solution;
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                                1  NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE
                                2    OF NEW MEXICO that the legislative finance committee be
                                3    requested to study issues relating to transportation barriers
                                4    for students in foster care; and
                                5  BE IT FURTHER RESOLVED that the legislative finance
                                6    committee be requested to include in the study an examination
                                7    of existing barriers to providing appropriate transportation
                                8    for students in foster care across the state, including by
                                9    analyzing recent proposals that aim to provide reimbursements
                                10   and tax credits within the foster care system, identifying
                                11   existing gaps in support or funding, clarifying the time line
                                12   or information necessary for state agencies to determine the
                                13   actual transportation costs for a student in foster care and to
                                14   recommend strategies that will ensure comprehensive and
                                15   consistent funding to address the complicated issue of
                                16   transportation barriers for students in foster care; and
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                                17        BE IT FURTHER RESOLVED that the legislative finance
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                                18   committee be requested to provide a report with its findings
                                19   and recommendations to the appropriate interim legislative
                                20   committee on or before November 1, 2026; and
                                21        BE IT FURTHER RESOLVED that a copy of this memorial be
                                22   transmitted to the director of the legislative finance
                                23   committee.
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