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 6.41.4.9 - RESPONSIBILITIES OF THE LEA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
(1) The
				LEA shall designate a transportation administrator.
(2) The LEA shall observe all federal and
				state laws, department regulations, and local board of education policies and
				procedures. The LEA shall follow the New Mexico guide for school vehicle
				maintenance and safety audit program.
(3) Prior to providing services, the LEA
				shall ensure that each transportation service provider has a properly executed
				contract on a form approved by the department.
(4) The LEA shall direct drivers, school bus
				assistants, and substitute school bus assistants on meeting all transportation
				requirements of students' IEPs.
(5)
				The LEA shall, in accordance with applicable federal and state law and
				department regulation:
(a) verify
				qualifications which include fingerprint-based background checks and reference
				checks made and completed for the following positions:
(i) school bus driver;
(ii) substitute school bus driver;
(iii) activity school bus driver;
(iv) school-owned activity vehicle
				driver;
(v) SUV driver;
(vi) school bus assistant; and
(vii) substitute school bus
				assistant;
(b) ensure
				proper training is provided by a qualified trainer and documented on the
				applicable pre-service training record as provided by the department. The
				training shall be completed prior to the drivers, school bus assistants, and
				substitute school bus assistants performing assigned duties; and
(c) ensure ongoing training is provided and
				continuing requirements for drivers, school bus assistants, and substitute
				school bus assistants are met pursuant to
				6.41.4.13 NMAC.
(6) The LEA shall establish and provide to
				all drivers written procedures to be followed:
(a) for immediate replacement of a vehicle
				when a vehicle fails pre-trip inspection;
(b) during inclement weather; and
(c) during school bus evacuation
				drills.
(7) The LEA shall
				provide to transportation service providers and drivers vital emergency
				information for all students with an IEP or special medical conditions. All
				vital emergency information shall be treated as a confidential record as
				provided by law.
(8) The LEA, shall
				be available until all school bus drivers have completed their trips and all
				students have been properly delivered.
(9) The LEA shall develop and implement a
				school transportation safety curriculum for students who ride school buses to
				and from planned LEA-sponsored activity trips.
(10) The LEA shall review for safety each
				student walk zone for each school on an LEA approved cycle. The review cycle
				shall not exceed five years.
(11)
				The LEA shall ensure that school bus evacuation drills are performed and
				documented once per semester.
(12)
				All school buses, activity school buses, and school-owned activity vehicles
				shall be alcohol, drug, and tobacco free areas. The LEA shall ensure that,
				prior to or during work periods, all drivers, school bus assistants, and
				substitute school bus assistants shall not use alcoholic beverages, illegal
				substances, or legal substances which would impair the driver's or the
				assistant's ability to perform required duties.
(13) The transportation administrator shall
				ensure compliance with 49 CFR Part 382 by maintaining documentation including
				proof of contract and pools of driver names. Drivers who possess a CDL shall
				constitute a pool of names and the school-owned activity vehicle drivers shall
				constitute a separate pool of names for random drug and alcohol
				testing.
(14) The LEA shall arrange
				for and document in-service training that meets the department's required hours
				for applicable staff.