Section 7. Definitions

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 welfare agency” means the children youth and families department. C. “Children in foster care” means 24-hour substitute care for children and youth who are placed away from their parents or guardians and who are in custody of state or tribal welfare agencies. D. “Conviction” means an adjudication of guilt, and includes a guilty plea, judgment, or verdict, no contest, nolo contendere, conditional plea of guilty, or any other plea that would result in an adjudication of guilt in any court of competent jurisdiction. A conviction includes a deferred sentence and a conditional discharge prior to satisfaction of the conditions and after satisfaction of conditions where required by the act. E. “Driver” means school bus driver, substitute school bus driver, activity bus driver, school-owned activity vehicle driver, and sport utility vehicle (SUV) driver. F. “Eligible student” means: (1) Students eligible for transportation services under federal and state statute or under the department’s standard for determining hazardous walking conditions pursuant to 6.41.3 NMAC. Students are eligible for transportation services in accordance with Section 22-16-4 NMSA 1978 if school bus routes are: (a) one mile one way for students in grades kindergarten through six; (b) one and one-half miles one way for students in grades seven through nine, and; (c) two miles one way for students in grades 10 through 12. (2) Students with an IEP are entitled to transportation pursuant to Subparagraphs A through C of Paragraph (1) of Subsection F of 6.41.4.7 NMAC, or transportation as a related service pursuant to Subsection EE of 6.41.4.7 NMAC. G. “Employer” means an LEA or transportation service provider. 6.41.4 NMAC 2 H n grades seven through nine, and; (c) two miles one way for students in grades 10 through 12. (2) Students with an IEP are entitled to transportation pursuant to Subparagraphs A through C of Paragraph (1) of Subsection F of 6.41.4.7 NMAC, or transportation as a related service pursuant to Subsection EE of 6.41.4.7 NMAC. G. “Employer” means an LEA or transportation service provider. 6.41.4 NMAC 2 H. “Homeless children and youth” as defined by section 725(2) of the McKinney-Vento Act means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes: (1) children and youth who are: (a) sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (b) living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; (c) living in emergency or transitional shelters; (d) abandoned in hospitals; (2) children and youth who have a primary nighttime address that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; (3) children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or (4) migratory children under Title I Part C migrant education program. I. “Individualized education program (IEP)” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Sections 300.320 through 300.324 of 34 CFR. J. “IEP team” means individuals who are involved in writing a student’s IEP g, bus or train stations, or similar settings; or (4) migratory children under Title I Part C migrant education program. I. “Individualized education program (IEP)” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Sections 300.320 through 300.324 of 34 CFR. J. “IEP team” means individuals who are involved in writing a student’s IEP. In accordance with Section 300.321 of 34 CFR, Individuals with Disabilities Education Act, this team may include: (1) the student’s parents or legal guardian; (2) at least one of the student’s general education teachers; (3) the student’s special education teacher; (4) an individual who can interpret the instructional implications of a student’s evaluation; (5) an individual representing the school system; (6) individuals with knowledge or special expertise about the student; (7) representatives from transition service agencies, if applicable; or (8) the student, if appropriate. K. “Local education agency” or “LEA” means a local public school district or a state-chartered charter school. L. “On-duty time” means time related to the driving, servicing, or operation of the vehicle, or those duties assigned or necessary that are related to a specific LEA-sponsored activity trip such as staying with the vehicle for security purposes or assisting with supervision of students. On-duty time also includes performing any compensated work for an entity that is not a motor carrier. M. “Planned school-sponsored activity trip” means transportation of school groups when the activity is approved according to the LEA’s policy. Activity trips do not include recurring transportation that is part of the school day. N. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of berm or shoulder. O y that is not a motor carrier. M. “Planned school-sponsored activity trip” means transportation of school groups when the activity is approved according to the LEA’s policy. Activity trips do not include recurring transportation that is part of the school day. N. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of berm or shoulder. O. “School bus” means a commercial motor vehicle used to transport preprimary, primary or secondary school students from home to school, from school to home, or to and from school-sponsored events, but not including a vehicle: (1) operated by a common carrier, subject to and meeting all requirements of the public regulation commission but not used exclusively for the transportation of students; (2) operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the public regulation commission but is not used exclusively for the transportation of students; (3) operated as a per capita feeder as provided in Section 22-16-6 NMSA 1978; or (4) that is a minimum six-passenger, full-size, extended-length, sport utility vehicle operated by a school district employee pursuant to Subsection D of Section 22-16-4 NMSA 1978. P. “School bus assistant” means an individual employed by an LEA or a transportation service provider to help the school bus driver and students. A school bus assistant shall be provided on school buses when necessary, when required by law or regulation, or when required by a student’s IEP. Q. “School bus driver” means an individual employed by an LEA or a transportation service provider that has completed all federal, state, and department certification and licensing requirements and LEA criteria and is assigned to drive a school bus on an LEA-approved school bus route or on a planned LEA-sponsored activity trip in a school bus that meets requirements pursuant to 6.40.2 NMAC. 6.41.4 NMAC 3 R l bus driver” means an individual employed by an LEA or a transportation service provider that has completed all federal, state, and department certification and licensing requirements and LEA criteria and is assigned to drive a school bus on an LEA-approved school bus route or on a planned LEA-sponsored activity trip in a school bus that meets requirements pursuant to 6.40.2 NMAC. 6.41.4 NMAC 3 R. “School bus driver instructor (SBDI)” means a person certified by the department to provide mandatory pre-service training to applicants who want to drive a school bus in New Mexico. S. “School bus route” means a designated course regularly traveled by a school bus for to-and-from transportation to pick up students and take them to school or to deliver students from school to their homes or to designated school bus stops that are approved by the LEA. Should the typical number of students on a school bus route drop below the number of 10, it shall be the responsibility of the LEA to notify the department transportation director by phone or email immediately. T. “School of origin” means the school in which the child or youth is enrolled at the time of placement in foster care or prior to becoming homeless. U. “School-owned activity vehicle” means a vehicle other than a school bus that is used to transport students to and from planned LEA-sponsored activity trips. V. “School-owned activity vehicle driver” means an individual who meets all qualifications, licensing requirements and LEA criteria to drive students on LEA-sponsored activities in school-owned vehicles other than school buses. W. “School-owned activity vehicle instructor” or “AVI” means a person certified by the department to provide mandatory pre-service training to driver applicants for school-owned activity vehicles. X vehicle driver” means an individual who meets all qualifications, licensing requirements and LEA criteria to drive students on LEA-sponsored activities in school-owned vehicles other than school buses. W. “School-owned activity vehicle instructor” or “AVI” means a person certified by the department to provide mandatory pre-service training to driver applicants for school-owned activity vehicles. X. “Serious traffic offense” means any of the following offenses contained in Sections 66-1-1 through 66-8-141 NMSA 1978: (1) speeding in excess of 15 miles above any posted speed limit; (2) reckless driving; (3) careless driving; (4) passing a school bus; (5) following too closely; (6) operating a commercial motor vehicle without holding a valid commercial driver’s license (CDL) along with any endorsements; (7) racing on a highway; (8) homicide or great bodily harm by vehicle; (9) injury to a pregnant woman; (10) failing to stop after an accident involving death or personal injury; or (11) operating a vehicle after suspension or revocation of a driver’s license. Y. “Sponsor” means an individual, such as a coach, teacher, or parent who accompanies students on a planned LEA-sponsored activity trip. Z. “Substitute school bus assistant” means an individual employed by an LEA or transportation service provider to help the school bus driver and students when the assigned school bus assistant is absent. AA. “Substitute school bus driver” means an individual employed by an LEA or transportation service provider to operate a school bus on a school bus route when the assigned school bus driver is absent. The substitute school bus driver shall meet all certification and licensing requirements of a school bus driver. BB. “Sport utility vehicle (SUV)” means a sport utility vehicle or a crew cab pickup truck. This type of vehicle differs from a typical four-door sedan due to being constructed on a light or medium truck chassis, making it more rugged and giving it higher ground clearance ver is absent. The substitute school bus driver shall meet all certification and licensing requirements of a school bus driver. BB. “Sport utility vehicle (SUV)” means a sport utility vehicle or a crew cab pickup truck. This type of vehicle differs from a typical four-door sedan due to being constructed on a light or medium truck chassis, making it more rugged and giving it higher ground clearance. It must have four full-size doors and seat six to nine passengers. Vans and mini-vans are excluded from this definition. CC. “To-and-from route serviced by an SUV” means a designated course regularly traveled to pick up designated students at their designated pick-up location to take them to school or to deliver designated students from school to a designated drop-off location. DD. “Transportation administrator” means an individual employed by the LEA or transportation service provider who has responsibility to monitor and guide the transportation program, drivers, and assistants and who is required to make daily observations to detect reasonable suspicion for alcohol or substance use or both. EE. “Transportation as a related service” means specific modifications or support services or both that are required for transportation of a student with an IEP. FF. “Transportation service provider” means an individual or business that has entered into a binding agreement with the LEA to provide school transportation services. [6.41.4.7 NMAC - Rp, 6.41.4.7 NMAC, 3/27/2018; A, 1/16/2024] 6.41.4.8 RESPONSIBILITIES OF THE LOCAL BOARD OF EDUCATION OR CHARTER SCHOOL ADMINISTRATOR: 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 6.41.4 NMAC 4 students, including children in foster care and homeless children and youth, within its jurisdiction .4.8 RESPONSIBILITIES OF THE LOCAL BOARD OF EDUCATION OR CHARTER SCHOOL ADMINISTRATOR: 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 6.41.4 NMAC 4 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 ded 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 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 y 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: 6.41.4 NMAC 5 (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 tation 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 fingerprint-based background checks in accordance with state law. D th 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 fingerprint-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 minivans; (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. 6.41.4 NMAC 6 (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 mon carrier buses do not meet current New Mexico school bus construction standards and school bus phase-out pursuant to 6.40.2 NMAC. 6.41.4 NMAC 6 (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.