FOSTER CARE STUDENTS TRANSPORTATION BARRIERS

SM032

SENATE MEMORIAL 32

57
th 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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