Current through Register Vol. 35, No. 18, September 24, 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.
B.
Student services:
Transportation is provided to students who are eligible for transportation
pursuant to Sections
22-16-2
and
22-16-4,
NMSA 1978. Students who do not obey the state and local LEA regulations
governing student transportation may have their transportation services revoked
by the LEA. Each LEA shall adopt:
(1) a
student disciplinary policy for school transportation, including procedures for
suspending a student's transportation privilege and for holding parents
responsible for any malicious destruction to the vehicle or assault on a driver
or others. Policies shall be in agreement with and subject to procedural
safeguards and protections specified in federal, state, and department
regulations;
(2) a comparable
travel time policy that shall:
(a) ensure that
transportation time for a student with an IEP is comparable to transportation
time provided to neighborhood students who do not have an IEP;
(b) consider the least distance from a
student with an IEP's home to the school site as compared to the least distance
from the homes of neighborhood students who do not have an IEP to the school
site;
(c) consider the time for
other transportation services identified in the IEP. Any variance from the
comparable travel time policy shall be determined on a case-by-case basis by
the IEP team and shall be clearly stated in the IEP;
(3) a policy regarding the transportation of
specialized personnel, such as licensed nurses and special education
assistants, or other designated persons;
(4) a policy regarding the transportation of
animals that accompany a student with an IEP and shall ensure that the
certification, training, and immunization requirements for the animal are
completed and current;
(5) a policy
outlining acceptable procedures for medicine transport. The policy shall
include the designated place for transport and the personnel authorized to
administer medication during transport when necessary;
(6) a policy regarding the maintenance of a
roster or seating chart for students who ride school buses;
(7) a policy for providing transportation
services for students eligible under Section 504 of the Rehabilitation Act of
1973 when such services are specified in the student's accommodation plan;
and
(8) a policy covering a do not
resuscitate request from the parents or guardians specific to the student while
the student is being transported on a school bus, school-owned activity
vehicle, or SUV.
C.
Relationship with transportation providers. When a transportation
service provider is contracted to provide school transportation services, each
local board of education or charter school administrator shall:
(1) approve all contracts and contract
amendments with a transportation service provider in accordance with state law
and department regulation;
(2)
approve a policy governing the termination of a contract with a transportation
service provider in accordance with state law and department
regulation;
(3) include as a part
of each contract a scope of work which ensures that this regulation and all
other applicable state and federal regulations and state statutes and
department regulations are adhered to; and
(4) develop policy involving finger-print
based background checks in accordance with state law.
D.
Planned LEA-sponsored
activities: Each local board of education or charter school
administrator shall adopt policies and procedures concerning the safety and
welfare of students who are transported to and from planned LEA-sponsored
activities. Policies and procedures shall comply with all applicable federal,
state, and department regulations.
(1)
Vehicles used for school-sponsored activities shall be school-owned, leased, or
private vehicles that meet the following department requirements:
(a) vehicles shall not be vans or
mini-vans;
(b) excluding buses,
vehicles shall not seat less than six or more than nine people including the
driver;
(c) excluding buses,
vehicles shall have seat belts available for all occupants and all occupants
are required to wear them while the vehicle is in motion;
(d) vehicles shall have available secure
cargo storage or other adequate tie-down for securing items in the vehicle,
excluding hitched trailers; and
(e)
trailers shall not be hitched to vehicles while the vehicle is transporting
students.
(2) Policies
and procedures shall include provision for the use of commercial common carrier
buses, taking into account that commercial common carrier buses do not meet
current New Mexico school bus construction standards and school bus phase-out
pursuant to 6.40.2 NMAC.
(3)
Policies and procedures shall include provisions for rest and relaxation for
students and the driver(s) during the trip.
(4) Policies and procedures shall include
procedures for releasing students on the planned activity trip to parents or
guardians.
(5) Policies shall
explicitly state that prior to and during work periods all drivers, school bus
assistants, and substitute school bus assistants have not used and do not use
alcoholic beverages, illegal substances, or legal substances which would impair
the driver's or the assistant's ability to perform required duties.