reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 35 - INDIAN EDUCATION › Part 2 - IMPLEMENTING THE INDIAN EDUCATION ACT › Section 6.35.2.14 - AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fund shall
				consist of all appropriations, gifts, grants, donations, and income from
				investment of the fund.
B. Awards
				from the fund shall be used to support and advance the purposes of the
				act.
C. At least annually, the
				department will establish and disseminate procedures for submission of requests
				for information and applications for grants from the fund, including the
				requirements that:
(1) requests for
				information and applications identify the program and goal to be achieved
				relevant to the act;
(2) requests
				for information and applications describe how the program will be sustained
				beyond the fiscal years being funded; and
(3) requests for information and applications
				describe how the effectiveness of the programs supported by the grant will be
				measured and reported to the department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions apply to the design and construction standards for
				  school buses manufactured for use in New Mexico and school bus
				  phase-out.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority is Chapter 22, Article 16, Transportation of
				  Students, Sections
				  22-16-2.A
				  and B;
				  22-16-9;
				  and
				  22-16-11.A,
				  NMSA, 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1996, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The state transportation director shall maintain school bus
				  construction standards that meet the needs for school operations that are
				  consistent with national recommendations and design objectives.
A. To establish the parameters of school bus
				design and construction which provides a safe environment for student
				passengers.
B. The school bus
				construction standards shall be developed for the body and chassis of the
				school bus.
C. The school bus
				construction standards shall contain construction and design for transporting
				students with disabilities.
D. The
				school bus construction standards shall be developed to include design and
				construction to meet the needs of a unified transportation system.
E. To establish school bus construction costs
				for small, medium and large buses, and to establish a maximum useful life
				criteria for spare and activity buses.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Type
				A
- A Type "A" school bus is a van conversion or bus constructed
				utilizing a cutaway front-section vehicle with a left side driver's door. The
				entrance door is behind the front wheels. This definition includes two
				classifications: Type A-I, with a gross vehicle weight rating (GVWR) less than
				equal to 10,000 pounds; and Type A-II with a GVWR greater than 10,000 pounds.
				Type "A-I" school buses are not approved for use in New Mexico.
B.
Type B
- A Type "B" school
				bus is constructed utilizing a stripped chassis. The entrance door is behind
				the front wheels. This definition includes two classifications: Type B1, with
				GVWR less than or equal to 10,000 pounds; and Type B2, with a GVWR greater than
				10,000 pounds.
Type "B" school buses are not approved for use in New
				Mexico.
C.
Type
				C
- A Type "C" school bus is constructed utilizing a chassis with a hood
				and front fender assembly. The entrance door is behind the front
				wheels.
D.
Type D
- A
				Type "D" school bus is constructed utilizing a stripped chassis. The entrance
				door is ahead of the front wheels.
E.
Commercial advertiser
- A
				person who advertises a product or services for profit or not for profit and
				has a permitted advertisement.
F.
School bus private owner
- A person who owns a school bus other
				than a local school district, the state public education department, the state
				or any other political subdivision of the state.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.8 - SCHOOL BUS PHASE-OUT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				school buses including spare and activity buses shall not be operated for any
				purpose once they have become twenty (20) years of age, from the date of (body)
				manufacture.
B. School buses twenty
				(20) years of age, from the date of (body) manufacture shall be removed from
				service in accordance with Section
				22-16-9,
				NMSA, 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.9 - BUS CHASSIS STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
AIR CLEANER
(1) The engine intake air
				cleaner system shall be furnished and properly installed by the chassis
				manufacturer to meet engine manufacturer's specifications.
(2) All diesel engine air filters shall
				include a restriction indicator of the latching type that retains the maximum
				restriction developed during operation of the engine. The indicator should
				include a reset control so the indication can be returned to zero when
				desired.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.10 - BUS BODY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
AIR CONDITIONING (optional equipment):
Air conditioning systems must
				meet manufacture standards.
B.
AISLE
(1) All emergency doors
				shall be accessible by a 12-inches minimum aisle. Aisle shall be unobstructed
				at all times by any type of barrier, seat, wheelchair or tie down, unless a
				flip seat is installed and occupied. A flip seat in the unoccupied (up)
				position shall not obstruct the 12-inches minimum aisle to any side emergency
				door.
(2) The seat backs shall be
				slanted sufficiently to give aisle clearance of 15-inches at tops of seat
				backs.
(3) All school buses
				equipped with a power lift shall provide a 30" aisle leading from any
				wheelchair/mobility aid position to at least one emergency door and the lift
				area.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 40 - TRANSPORTATION - SCHOOL BUS EQUIPMENT › Part 2 - NM SCHOOL BUS STANDARDS AND SCHOOL BUS PHASE-OUT › Section 6.40.2.11 - SCHOOL BUS ADVERTISEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
SCHOOL BUS ADVERTISEMENT ADMINISTRATION
(1) The right to sell advertising space on
				school buses shall be within the sole discretion of the local school board,
				except as required by Paragraph (4) of Subsection A of 6.40.2.11
				NMAC.
(2) Local school boards may
				sell advertising space on the interior and exterior of school buses. The local
				board shall develop guidelines for the type of advertisements that will be
				permitted.
(3) No advertisement
				shall involve obscenity, sexual material, gambling, tobacco, alcohol, political
				campaigns or causes, religion or promoting the use of drugs; or general content
				that is harmful or inappropriate for school buses as determined by the local
				board of education.
(4) All school
				bus private owners that have legal title to school buses used and operated
				pursuant to an existing bus service contract with a school district may lease
				space on their buses to the school district for the purpose of selling
				commercial advertisements. In exchange for leasing the space, the school bus
				owner-operators shall receive ten percent of the total value of the amount of
				the contract between the school district and the commercial
				advertiser.
(5) A school district
				shall be permitted to solicit offers from commercial advertisers for the use of
				space on the school buses that services its school district. The school
				district may enter into a lease agreement with a commercial advertiser for the
				use of any designated advertising space on a school bus that services the
				school district.
(6) The contract
				must include the time schedule permitted for placement and removal of the
				advertisement, the term of the agreement, the rental amount and the signatures
				of authorized parties. These agreements must be filed and maintained for a
				period of five years from the expiration date of the advertisement
				contract.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 2 - SCHOOL BUS INSPECTIONS › Section 6.41.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of this rule apply to public school districts and
				  governs the standards for inspection and safety of school buses used to
				  transport public school children under the jurisdiction of the department. This
				  rule establishes that school districts are responsible for the safe
				  transportation of their students and if districts contract for transportation
				  services, requires that school districts hold their contractor(s) accountable
				  for safety of the contracted buses.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 2 - SCHOOL BUS INSPECTIONS › Section 6.41.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted by the department pursuant to Section
				  22-16-2,
				  NMSA, 1978 which stipulates the state transportation division of the department
				  shall: establish standards and certify for safety, vehicles that are defined as
				  school buses by the Motor Vehicle Code [Chapter 66, Articles 1 to 8, except
				  66-7-102.1
				  NMSA, 1978].
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 2 - SCHOOL BUS INSPECTIONS › Section 6.41.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish a school bus safety maintenance program in
				  school districts and to institute a safety audit program which is conducted by
				  the school transportation division in cooperation with other agencies and
				  entities.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 2 - SCHOOL BUS INSPECTIONS › Section 6.41.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the public education department.
B. "State transportation division means the
				program support and student transportation division.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 2 - SCHOOL BUS INSPECTIONS › Section 6.41.2.8 - REQUIREMENTS OF THE PUBLIC EDUCATION DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department, working cooperatively with other agencies and
				  entities, will establish a safety audit program. The department, or its
				  authorized representatives, will be required to:
A. randomly audit district school bus
				maintenance and inspections records;
B. conduct random school bus inspections as a
				division, or through joint power agreements with other agencies, or contract
				with other entities;
C. conduct
				random school bus inspections in compliance with the department's guide for
				school bus maintenance and safety audit program;
D. maintain records of the school districts
				inspection and safety audits.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 2 - SCHOOL BUS INSPECTIONS › Section 6.41.2.9 - REQUIREMENTS OF SCHOOL DISTRICTS

Current through Register Vol. 35, No. 13, July 16, 2024
School districts shall ensure that all school buses are
				  inspected semi-annually in accordance with the guide for school bus maintenance
				  and safety audit program.
A. School
				districts must maintain the following:
(1)
				maintenance records in accordance with the department's guide for school bus
				maintenance and safety audit program;
(2) semi-annual inspection records completed
				by the contractor or in the case of owned operations, the local school district
				superintendent;
(3) pre-and-post
				trip records of daily inspections for the school year completed by the
				contractor or school district transportation director;
(4) inspection records of random inspections
				conducted by inspectors or auditor authorized by the department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of this rule apply to public school districts to
				  provide general standards pursuant to statute to allow for exceptions to
				  subsection B of Section
				  22-16-4
				  NMSA 1978, which establishes the distance from the attendance center that a
				  school bus route may be approved or maintained.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted by the department pursuant to Section
				  22-16-2,
				  NMSA 1978 which stipulates that the state transportation division shall enforce
				  those rules adopted by the department relating to school bus transportation and
				  subsection B of Section
				  22-16-4,
				  NMSA 1978 which stipulates that no school bus route shall be maintained for
				  lesser distance than:
(1) one mile
				one way for students in grades kindergarten through six;
(2) one and one-half miles one way for
				students in grades seven through nine; and
(3) two miles one way for students in grades
				ten though twelve.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
In school districts having hazards walking conditions as
				  determined by the local school board and confirmed by the state transportation
				  director, students of any grade may be transported a lesser distance then that
				  provided in subsection B of Section
				  22-16-4,
				  NMSA 1978. The standards shall be flexible and not rigidly applied by the local
				  school board and the state transportation director to prevent accidents and
				  help ensure student safety.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Regulated - A
				crossing site where, for the street or roadway being crossed, a crossing guard,
				traffic enforcement officer, stop sign, or traffic control signal is present or
				the crossing site is designated and marked as a reduced speed school crossing
				zone.
B. Unregulated - A crossing
				site where, for the street or roadway being crossed, no crossing guard, traffic
				enforcement officer, stop sign, or traffic control signal is present, or the
				crossing site is not designated or marked as a reduced speed school crossing
				zone.
C. High speed
-
40 miles per hour (MPH) or higher posted speed limit.
D. Department - The public education
				department.
E. State transportation
				division - The program support and student transportation division.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In school districts having hazardous walking conditions, as
				  determined by the local school board and confirmed by the state transportation
				  director, students of any grade may be transported a lesser distance than that
				  provided by law.
A. The local board of
				education and the state transportation director must approve any costs incurred
				for implementing transportation due to the qualification of the hazardous
				walking standards prior to implementation. The costs must be within the
				available resources of the categorical transportation appropriation.
B. The school district shall justify that an
				attempt has been made to improve or eliminate hazardous walking conditions
				and/or establish properly posted signs or supervised school crossings in those
				cases where such crossings would eliminate hazardous walking
				conditions.
C. The district must
				also show effort to utilize the existence of available pedestrian crossings at
				controlled intersections within the statutory walking distance to the specific
				attendance center, which may require students to walk an increased distance
				before crossing the street.
D.
				Traffic volume shall be determined by the most current traffic engineering
				study conducted by a state or local agency.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.9 - STANDARDS FOR HAZARDOUS WALKING CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Transportation may be provided for students in grades K
				  through 12 who reside within the statutory walking distance from their
				  attendance center pursuant to Section
				  22-16-4
				  NMSA 1978 supra, if the following criteria are met:
A. Walking parallel to (along side of)
				roadway. If the total volume on roads exceeds a rate of 120 vehicles per hour
				or on roads with little or no walking space is available (shoulder or path) and
				the traffic volume exceeds sixty (60) vehicles per hour during the times when
				children are en route to or from school and at least one of the following
				exists:
(1) less than four (4) feet of
				walking space outside of a curbed roadway for a continuous distance of 75 feet
				or more on at least one side of the roadway;
(2) less than five (5) feet of walking space
				outside of the traveled portion of an uncurbed roadway for a continuous
				distance of 75 feet or more on at least one side of the roadway;
(3) a physical or visual obstruction on the
				walking space that obstructs for a distance of 75 feet or more.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.10 - TEMPORARY HAZARDOUS WALKING CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Temporary transportation service may be provided in cases
				  involving conditions such as construction, dams, drainage ditches, etc., which
				  have been determined to be hazardous by the local board of education. The
				  superintendent of the local district must provide justification to the state
				  transportation director to show that efforts have been made with local
				  government entities to eliminate the hazardous conditions or show that efforts
				  are underway to eliminate the conditions.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.11 - APPLICATION FOR TRANSPORTATION DUE TO HAZARDOUS WALKING CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The determination of hazardous walking conditions shall be
				  made on a case by case basis by a local board of education and approved by the
				  state transportation director in accordance with the application format. Where
				  additional transportation services are requested by official action of the
				  local board of education due to the determination of hazardous walking
				  conditions, the request shall have the recommendation of the police agency
				  having jurisdiction and shall have the necessary back-up data, cost impact and
				  method for implementation submitted by the administration of the local public
				  school prior to approval.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.12 - DISCONTINUANCE OF TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
In the event that transportation is approved under any of the
				  foregoing exceptions, such transportation will be discontinued immediately upon
				  the improvement of the conditions for which the transportation has been
				  provided. It shall be the responsibility of the local school district
				  administration to notify the state transportation director and all affected
				  parties as soon as walking conditions are improved and temporary transportation
				  is terminated.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.13 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
If a local board of education does not agree with the final
				  determination of the state transportation director, the board may appeal to the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.14 - FLEXIBLE APPLICATION OF THIS RULE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with subsection C of Section
				  22-16-4
				  NMSA 1978, supra, the local school board and the state transportation director
				  to prevent accidents and help ensure student safety shall flexibly and not
				  rigidly apply the standards for hazardous walking conditions. Local boards of
				  education therefore, may choose to adopt hazardous walking standards that
				  exceed those outlined under Section
				  6.41.3.10
				  NMAC. The requirements for the application of the hazardous walking standards
				  that exceed Section
				  6.41.3.9
				  NMAC are:
A. the local board of
				education shall adopt a written policy which includes the standards for
				hazardous walking within the local district that exceed those outlined in
				Section 6.41.3.9 NMAC; and
B. any
				additional costs incurred due to the local school district's policy which
				exceed the standards established in Section 6.41.3.9 NMAC shall be the
				responsibility of the local district unless a legislative appropriation has
				been approved for this purpose.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 3 - STANDARDS FOR DETERMINING HAZARDOUS WALKING CONDITIONS › Section 6.41.3.15 - CLARIFYING THE LIMITATION ON QUALIFICATION FOR TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Where the educational program of a school district is
				  structured on a basis other than grades one through six, seven through nine,
				  and ten through twelve, the highest limitations of Section
				  22-16-4,
				  NMSA 1978, shall be applied for all students attending each attendance center
				  served by the school bus route. The walking distance for each attendance center
				  is based on the highest-grade level served.
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 6.41.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department, hereinafter the
				  department.
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 6.41.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of Chapter 41, Part 4 apply to local education
				  agencies (LEA). This regulation governs LEAs. If an LEA chooses to provide
				  transportation services by contracting with a transportation service provider
				  instead of through LEA employed personnel, it may do so. The LEA, however, is
				  responsible for ensuring that the provisions of transportation services comply
				  with all pertinent state and federal regulations including 49 Code of Federal
				  Regulations Part 382 and statutes and department regulations.
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 6.41.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is promulgated pursuant to Sections
				  1111g(1)(E) and 1112c(5)(B) of ESEA, Section 722g(J)(iii) of the McKinney-Vento
				  Act, and Sections
				  22-2-1,
				  22-2-2,
				  22-8-26,
				  22-10A-5,
				  22-16-2,
				  22-16-4,
				  and Subsection D of Section
				  9-24-8
				  NMSA 1978.
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 6.41.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 27, 2018, unless a later date is cited at the end of a
				  section.
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 6.41.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish a safe, timely, and efficient system of
				  transportation responsive to the needs of eligible public school students,
				  hereinafter students, including children and youth in foster care and homeless
				  children and youth, and to guide the provision of school transportation and
				  transportation as a related service to students with an Individualized
				  Education Program (IEP). LEAs, therefore, shall ensure that all eligible
				  students are served within the requirements of current federal and state laws
				  and department regulations.
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 6.41.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Activity
				driver"
means an individual who is employed by an LEA or a
				transportation service provider and has completed all federal, state, and
				department certifications, licensing requirements, and LEA criteria to drive
				students on school-sponsored activities.
B.
"Child welfare agency"
means
				the children youth and families department.
C.
"Children in foster care"
means 24-hour substitute care for children and youth who are placed away from
				their parents or guardians and who are in custody of state or tribal welfare
				agencies.
D.
"Conviction"
means an adjudication of guilt, and includes a guilty
				plea, judgment, or verdict, no contest, nolo contendere, conditional plea of
				guilty, or any other plea that would result in an adjudication of guilt in any
				court of competent jurisdiction. A conviction includes a deferred sentence and
				a conditional discharge prior to satisfaction of the conditions and after
				satisfaction of conditions where required by the act.
E.
"Driver"
means school bus
				driver, substitute school bus driver, activity bus driver, school-owned
				activity vehicle driver, and sport utility vehicle (SUV) driver.
F.
"Eligible student"
means:
(1) Students eligible for transportation
				services under federal and state statute or under the department's standard for
				determining hazardous walking conditions pursuant to 6.41.3 NMAC. Students are
				eligible for transportation services in accordance with Section
				22-16-4 NMSA 1978 if school bus
				routes are:
(a) one mile one way for students
				in grades kindergarten through six;
(b) one and one-half miles one way for
				students in grades seven through nine, and;
(c) two miles one way for students in grades
				10 through 12.
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 6.41.4.10 - REQUIREMENTS OF TRANSPORTATION SERVICE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
The
				transportation service providers shall:
(1)
				Cooperate with the LEA administration to provide safe and efficient
				transportation services for all eligible students;
(2) keep all required vehicle maintenance
				records;
(3) hire all school bus
				drivers, substitute school bus drivers, activity school bus drivers, school bus
				assistants, and substitute school bus assistants in accordance with LEA
				policies, federal, state, and department regulations, and Section
				22-10-3.3
				NMSA 1978;
(4) maintain all school
				bus driver, substitute school bus driver, activity school bus driver, school
				bus assistant, and substitute school bus assistant files with required
				documentation in accordance with federal, state and department
				regulations;
(5) hire mechanics and
				office support personnel;
(6)
				provide to all drivers written procedures to be followed:
(a) during inclement weather; and
(b) during school bus evacuation
				drills;
(7) provide to
				each driver an LEA-approved written plan of action in case of an emergency
				covering:
(a) vehicle trouble requiring
				evacuation;
(b) vehicle trouble not
				requiring evacuation;
(c) passenger
				trouble requiring transportation personnel intervention;
(d) passenger trouble requiring police
				intervention; and
(e) passenger
				trouble requiring medical intervention.
(8) attend IEP meetings as
				necessary.
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 6.41.4.11 - RESPONSIBILITIES OF DRIVERS, SCHOOL BUS ASSISTANTS, AND SUBSTITUTE SCHOOL BUS ASSISTANTS

Current through Register Vol. 35, No. 13, July 16, 2024
All drivers and, where applicable, all school bus assistants
				  and substitute school bus assistants shall:
A.
Comply with the following.
(1) Operate the vehicle in a safe and
				efficient manner in accordance with federal, state, local statutes and
				regulations, department regulations, and LEA policies.
(2) Cooperate with the transportation
				administrator's compliance with 49 CFR Part 382 as conducted by the LEA and
				transportation service provider.
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 6.41.4.12 - SCHOOL BUS SAFETY AND EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
All school buses used to transport students on school bus
				  routes and LEA-sponsored activities shall meet requirements pursuant to 6.40.2
				  NMAC and the state of New Mexico guide for school bus maintenance and safety
				  audit program, school bus inspection guide.
A. Each school bus shall be equipped with an
				operable seat belt for the driver that shall be used when the school bus is in
				motion.
B. Each school bus shall
				have seat belts or a seat harness as required on school buses when required in
				a student's IEP.
C. Each school bus
				shall have at least one seat belt cutter properly secured in a location within
				reach of the driver while the driver is belted into the driver's seat pursuant
				to Paragraph (1) of Subsection YY of
				6.40.2.10
				NMAC. The seat belt cutter shall be durable and designed to eliminate the
				possibility of the operator or others being cut during use.
D. Each school bus shall carry a first aid
				kit with contents pursuant to Paragraph (2) of Subsection P of
				6.40.2.10
				NMAC.
E. Each school bus shall
				carry a body fluid clean-up kit pursuant to Paragraph (3) Subsection P of
				6.40.2.10
				NMAC.
F. Each school bus shall be
				equipped with at least one UL-approved pressurized dry-chemical fire
				extinguisher complete with hose. The fire extinguisher shall have a total
				rating of 2A10BC or greater and meet the requirements of Paragraph (1) of
				Subsection P of
				6.40.2.10
				NMAC. The extinguisher shall be securely mounted in the driver's compartment,
				fully charged and in working condition.
G. Each school bus shall be equipped with a
				minimum of three triangular warning reflectors pursuant to Paragraph (4) of
				Subsection P of
				6.40.2.10
				NMAC, and the driver shall be knowledgeable as to their proper placement.
				Drivers shall use reflectors in the event of prolonged stops on the roadway.
(1) On a two-lane road:
(a) a warning reflector shall be placed on
				the traffic side of the school bus 10 feet from the front or rear of the school
				bus, depending on traffic direction;
(b) a warning reflector shall be placed in
				the center of the traffic lane or shoulder occupied by the disabled school bus
				100 feet from the rear of the school bus; and
(c) a warning reflector shall be placed in
				the center of the traffic lane or shoulder occupied by the disabled school bus
				100 feet from the front of the school bus.
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 6.41.4.13 - CONTINUING REQUIREMENTS FOR DRIVERS, SUBSTITUTE DRIVERS, SCHOOL BUS ASSISTANTS, AND SUBSTITUTE SCHOOL BUS ASSISTANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
School bus drivers, substitute
				school bus drivers, and drivers of activity buses shall maintain and provide to
				the employer a copy of the following:
(1) a current CDL with appropriate class and
				endorsements;
(2) a current DOT
				medical examiner's certificate in compliance with federal and state CDL
				licensing requirements;
(3) a
				driving record obtained through the New Mexico motor vehicle division or the
				national driver register or other states' motor vehicle division and printed
				annually; and
(4) a current first
				aid and CPR certificate which has been obtained from a course approved by the
				department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of this rule apply to public school districts
				  where temporary transportation boundaries are established to transport students
				  from an adjoining districts within a specified geographic area where it is
				  impractical to transport such students to school within the district where they
				  live.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted by the public education department
				  pursuant to Section
				  22-2-1,
				  22-2-2,
				  22-16-2
				  and Section
				  22-8-26,
				  NMSA, 1978, which stipulates that money in the transportation distribution of
				  the public school fund shall be used only for the purpose of making payments to
				  each school district for the to-and-from transportation of eligible students.
				  Eligible students are those who live within the legal boundaries of the school
				  district, who meet the statutory requirements for eligibility, and who utilize
				  the transportation services on a regular basis. Only eligible students shall be
				  counted for purposes of funding.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish requirements related to the provision of
				  transportation services to students who attend school in a district other than
				  the district in which they live and to establish procedures pertaining to the
				  resolution of transportation issues in areas where local school districts are
				  engaged in school district boundary disputes.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.8 - TRANSPORTATION BOUNDARY AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Districts are authorized to enter into transportation boundary agreements with
				an adjoining district or adjoining districts regarding students living within a
				specified geographic area where geographical conditions would otherwise make it
				impractical to transport such students to school within the district where they
				live.
B. A transportation boundary
				agreement must be approved by both local boards of education prior to a
				district crossing boundary lines to transport students.
C. A transportation boundary agreement shall
				not duplicate transportation services that are not required to effectuate the
				provision of this rule. If duplicate transportation services are so required,
				specific justification shall be provided within the agreement that the
				requirements of efficiency and economy are met.
D. Transportation boundary agreements are not
				authorized to provide services to students who attend school out-of-district as
				a matter of choice.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.9 - PROCEDURES AND CRITERIA FOR TEMPORARY TRANSPORTATION BOUNDARY AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A transportation
				boundary agreement must be approved by the local board of education
				representing the district in which the student(s) lives and the proposed
				attendance district.
B. The
				agreement shall include a legal description of the adjoining area outside the
				district's boundaries that transportation services will be provided under the
				terms of the agreement.
C. The
				temporary transportation boundary line(s) and the existing school district
				boundary line(s) must be shown and highlighted on U.S. geological survey maps
				(or their equivalent) which are attached to the agreement.
D. Both local boards of education must agree
				to the conditions, which are specified in the agreement.
E. The duration of the agreement is
				determined by both local boards of education based on the length of time that
				it is needed.
F. Both local school
				board presidents must sign the initial agreement and submit the original
				agreement to the state transportation director for approval.
G. Upon review and findings that the
				conditions of this rule and other applicable regulations and state and federal
				laws have been complied with, the state transportation director and the
				secretary of public education will approve the agreement.
H. The local boards of education must review
				the agreement annually. Any revisions in the terms of the agreement require
				approval by both local boards. The revised agreement must be submitted to the
				public education department for approval prior to the initiation of service. If
				no changes occur, the existing agreement may be continued.
I. The extended area of transportation
				service added to a district boundary through the agreement shall be counted in
				the square miles per student for purposes of funding.
J. Students who receive transportation
				services within the area approved through the agreement shall be counted for
				transportation funding by the district in which they attend school.
K. One or both districts can accomplish
				termination of the agreement. The public education department must be notified
				by both school districts when the agreement is terminated.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.10 - NON-REIMBURSABLE TRANSPORTATION SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Students who attend an out-of-district
				school as a matter of choice are not eligible to be counted for the
				transportation distribution of the public school fund. Such students shall be
				counted on the fortieth day as non-eligible riders.
B. Districts shall establish local policies
				governing the transportation of non-eligible students who live outside the
				district boundaries. Any such policies shall be in accordance with applicable
				state and federal law and regulations.
C. Districts who, by local policy, elect to
				provide transportation services to ineligible students who live outside the
				district's boundaries, shall do so at no additional cost to the school
				transportation fund. Such students may board the bus at the last legal stop on
				an approved route if space is available. Additional services or equipment shall
				not be added to accommodate non-eligible students. Non-eligible students will
				not generate funding through the transportation formula.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.11 - TRANSPORTATION OF STUDENTS RESIDING ON RESERVATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. District administrators shall communicate
				with tribal leaders relative to transportation services.
B. Before the local boards of education enter
				into a transportation boundary agreement involving Native American students,
				district administrators shall consult with tribal representatives and shall
				review concerns or issues raised by representatives of the tribe when
				negotiating the terms of the agreement.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 42 - TRANSPORTATION - SCHOOL ATTENDANCE AND SERVICE AREAS › Part 2 - TEMPORARY BOUNDARY AGREEMENTS › Section 6.42.2.12 - RESOLUTION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				boundary disputes arise between local boards, which cannot be resolved, a
				resolution process is available through the public education
				department.
B. Local boards may
				request that public education department conduct a study of the issues relating
				to the boundary dispute and provide written recommendations for resolving the
				disputes.
C. A local board may file
				a written complaint with the public education department after all efforts to
				negotiate a resolution to the boundary dispute have failed.
D. The public education department, following
				a complete review of the issues related to a transportation boundary complaint,
				shall render an opinion in writing to the local boards of education. The
				opinion shall specify whether conditions exist which require a transportation
				boundary agreement based on the criteria set forth in this rule.
E. If local boards of education are unwilling
				or unable to negotiate a transportation boundary agreement consistent with the
				opinion of the public education department, the public education department
				shall develop a temporary transportation boundary amendment. The local boards
				of education shall comply with the requirements set forth in the temporary
				transportation boundary amendment. The temporary transportation boundary
				amendment shall be reviewed annually by the public education department. The
				temporary transportation boundary amendment shall be rescinded when the public
				education department determines that the conditions requiring the amendment no
				longer exist.
F. The decision of
				public education department shall be final.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of this rule apply to public school districts
				  where school bus services are provided by private school bus
				  operations.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-16-2,
				  22-16-3,
				  22-16-6
				  and
				  22-8-27,
				  NMSA 1978.