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 6.43.2.8 - SCHOOL BUS SERVICE CONTRACTS
Current through Register Vol. 35, No. 18, September 24, 2024
A. A local board may provide transportation services to students through the use of school bus service contracts.
B. Local boards may enter into school bus service contracts with individual school bus owner-operators or with fleet owners or with both. A local board may not enter into any school bus fleet service contract with any person who is simultaneously employed by that local board as an individual one-bus owner/operator.
C. All individual owner operator equipment contracts and fleet service contracts shall be in writing on forms approved by the public education department.
D. For fleet contractors, the amount of the contract shall include recognition of fuel costs, operation and maintenance costs, and salary and benefits costs. For individual owner operator equipment contracts, the amount of the contract shall include recognition of fuel and operations and maintenance costs.
E. Local boards may request assistance from the public education department regarding contracts; however, the public education department shall not be a party to the contract and shall not participate in the negotiations.
F. The local board shall give preference to in-state providers and the use of multiple providers when awarding contracts.
G. The local board may agree to a five-year contract period. Any changes in the terms of the contract require that the contract be renegotiated/amended. At the end of the contract period the contract may be renewed annually on the same terms and conditions at the option of the local board.
H. The local board may terminate a school bus service contract in accordance with the provisions of state law and the school bus contract.
I. The contractor, may with the approval of the local school board, terminate a contract in accordance with state law and the school bus contract.
J. The contractor shall comply with the terms and conditions set forth in the public education department contract form. The contractor shall be subject to all federal and state laws and regulations, which govern school transportation.
K. The local board shall comply with the procedures established by the secretary of public education for the purchase and replacement of school buses.
L. The local board shall comply with all state laws and regulations governing school transportation. The local board shall negotiate contracts for the required services at a fair and reasonable price.
M. The school district shall ensure that a lien is filed in its name on every contractor-owned school bus under the contract. The school district shall also ensure that a lien is perfected in its name on each contractor-owned school bus with the motor vehicle division of the taxation and revenue department. The lien shall be recorded on the title of the school bus. The school district shall provide documentation to the state transportation director that the school district has filed a lien on each school bus authorized under contract with the school district. A school bus contractor shall not refinance or use a school bus on which a school district has a lien as collateral for any other loan without prior written permission of the public education department. The school district shall release its lien on a school bus when:
