New Mexico Administrative Code

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 rat…

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 se…

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 th…

Public Education Department

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…

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, …

Permanent.

December 31, 1998

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.

A. "Department" means the public education department. B. "State transportation division means the program support and student transportation division.

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 scho…

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 …

Public Education Department

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 th…

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 ac…

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 distr…

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.

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 …

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 ser…

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 mai…

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 sti…

Permanent

December 31, 1998, unless a later date is cited at the end of a section.

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 stand…

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 …

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 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 …

Public Education Department, hereinafter the department.

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, subs…

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,…

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 sha…

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 f…

A. General requirements. An LEA electing to transport students in an SUV on a to-and-from route shall: (1) be limited to transport up to six students who are enrolled in the LEA; (2) only transport students whose residence is within the boundaries of the LEA, with the exception o…

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, how…

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.

Permanent.

March 27, 2018, unless a later date is cited at the end of a section.

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 a…

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 welfar…

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, wit…

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 ma…

Public Education Department

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 polic…

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 repre…

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 a…

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…

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 e…

Permanent.

December 31, 1998, unless a later date is cited at the end of a section.

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 distr…