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
Universal Citation: 6 NM Admin Code 6.40.2.11
Current through Register Vol. 35, No. 18, September 24, 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.
B. ADVERTISEMENT TERM
(1) In a lease agreement with a commercial
advertiser, the school district shall establish the rental amount, schedule and
term. The term of any lease agreement shall not be for a period longer than the
time remaining on the school district's bus service contract with a school bus
operator who owns the bus that is the subject of the lease agreement.
(2) A school district shall not enter into a
lease agreement with a commercial advertiser that seeks to display an
advertisement that is prohibited by local school board guidelines or by
Paragraph (3) of Subsection A of 6.40.2.11 of this regulation.
C. EXTERIOR ADVERTISEMENT SPACE REQUIREMENTS AND RESTRICTIONS
(1) All school bus advertisements shall be
painted or affixed by decal on the bus in a manner that does not interfere with
national and state requirements for school bus markings, lights and signs. The
commercial advertiser that contracts with the school district for the use of
the space for advertisements shall be required to pay the cost of painting or
affixing a decal for the advertisements on the bus and shall pay for its
removal after the term of the contract has expired.
(2) No advertisements shall be displayed on
the front, rear or left (driver) side of the school bus.
(3) No advertisement shall interfere with
national and state requirements for school bus markings, lights, signs,
emergency exits, service doors, windows and ventilation area of rear
engines.
(4) The amount of space
that will be permitted for commercial advertisements on the exterior portion of
a school bus will be limited to 18-inches from the rear most portion of the bus
and 6-inches from the window base line, service door(s), wheel well opening,
required lettering or bus body reflectors. Advertisements will be permitted
above the window drip rail leading toward the roof of the school bus.
D. INTERIOR ADVERTISEMENT SPACE REQUIREMENTS AND RESTRICTIONS
(1)
The amount of space that will be permitted for commercial advertisements on the
interior portion of school buses will be limited to the area above every other
window not to exceed 24-inches wide by 12-inches in height.
(2) No advertisement shall interfere with
national and state requirements for school bus markings, lights, signs,
emergency exits, service doors and windows.
(3) No advertisements shall be displayed on
the front or rear of the school bus.
(4) Advertisements shall be limited to health
and safety related messages.
E. DISTRIBUTION OF FUNDS
(1) Funds raised from commercial
advertisement shall be distributed from the school bus advertising fund after
the required payment is made to school bus private owners.
(2) Sixty percent of the proceeds raised
shall be distributed to each school district to use in accordance with the
school district's technology plan in amounts proportionate to the amount that
each school district contributed to the school bus advertising fund.
(3) Forty percent of the proceeds raised
shall be distributed on a per membership basis of middle and junior high
schools by the secretary of education to school districts for extracurricular
activities. If a school district does not expend money from the school bus
advertising fund for extracurricular activities, it shall revert to the
fund.
F. REPORTING AND ACCOUNTABILITY
(1) Funds
raised by a school district from lease agreements relating to the use of
advertising space on school buses by commercial advertisers shall be remitted
to the public education department, accounted for and subject to review and
examination.
(2) School districts
shall report to the public education department on how the funds were used in
the technology plans and for extracurricular activities.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.