New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 4 - STANDARD FOR PROVIDING TRANSPORTATION FOR ELIGIBLE STUDENTS › Section 6.41.4.8 - RESPONSIBILITIES OF THE LOCAL BOARD OF EDUCATION OR CHARTER SCHOOL ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
Each local board of education or charter school administrator
				  is responsible for adopting transportation policies, which ensure a safe,
				  timely, and efficient system of transportation for all eligible students,
				  including children in foster care and homeless children and youth, within its
				  jurisdiction. School transportation services for eligible students shall be
				  provided by use of a school bus, per capita feeder route, or SUVs or a
				  combination of school bus, per capita feeder route, or SUVs. Additional options
				  for transportation of children in foster care or homeless children and youth
				  may be explored while ensuring the safety of students. Therefore, each local
				  board of education or charter school administrator shall establish policies in
				  the following areas.
A.
Community, parent and staff involvement:
Each LEA shall:
(1) provide a platform for adequate
				community, parent, staff, and transportation service provider participation in
				the development of policies and procedures for providing transportation
				services to eligible students;
(2)
				approve a policy defining the responsibilities of parents, students, teachers,
				staff, and transportation service providers;
(3) provide a platform for adequate
				information and training provided to the community, parents, and school
				personnel so that each understands the rights and responsibilities associated
				with transportation services;
(4)
				approve a policy concerning complaints from parents, students, transportation
				providers, and others regarding school transportation;
(5) approve a policy concerning
				transportation as a related service for a student with an IEP as the IEP
				requires. The transportation administrator or designee, or transportation
				service provider shall be afforded the opportunity to participate in the
				development of the IEP as it relates to transportation;
(6) approve disciplinary procedures,
				including an appeal process, applicable to all students being transported. The
				procedures shall comply with all applicable federal and state law and
				department regulation. Information regarding disciplinary procedures shall be
				provided to parents and students;
(a) the
				procedures shall include the process for emergency removal of a student from a
				school bus;
(i) if emergency removal of a
				student is necessary, the driver shall report the incident or behavior to the
				transportation administrator within 24 hours of the incident; and
(ii) a written behavioral report shall be
				filed with the school and a copy of the report provided to the
				parents;
(b) nothing
				contained herein or in local board of education policy shall prevent the
				emergency removal of any student from a school bus if the student endangers or
				reasonably appears to endanger the health, welfare, or safety of themselves,
				any other student, teacher, or employee;
(7) approve disciplinary procedures including
				an appeal process applicable to students with an IEP being transported. The
				procedures shall comply with all applicable federal and state law and
				department regulation governing students with disabilities. Information
				regarding disciplinary procedures shall be provided to parents, students, and
				IEP teams;
(a) disciplinary procedures for a
				student with an IEP shall be specified in the student's IEP;
(b) the procedures shall include the process
				for emergency removal of a student with an IEP from a school bus;
(i) if emergency removal of a student is
				necessary, the driver shall report the incident or behavior to the
				transportation administrator within 24 hours of the incident; and
(ii) the transportation administrator shall
				report each incident or behavior in writing to the LEA's special education
				director within 24 hours of receiving the driver's report;
(c) nothing contained herein or in local
				school board policy shall prevent the emergency removal of any student from a
				vehicle if the student endangers or reasonably appears to endanger the health,
				welfare, or safety of themselves, any other student, teacher, or employee;
				and
(d) suspension of
				transportation service for a student with an IEP for more than ten cumulative
				days requires a change in transportation service in that student's IEP;
				and
(8)adopt and approve
				policies in specialized areas affected by federal regulations, state law, and
				new legislative initiatives related to school transportation.