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6.41.3NMAC


Published: 2015

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TITLE 6                 PRIMARY AND SECONDARY EDUCATION

CHAPTER 41       TRANSPORTATION - SCHOOL BUS SAFETY

PART 3                 STANDARDS

FOR DETERMINING HAZARDOUS WALKING CONDITIONS

 

6.41.3.1                 ISSUING

AGENCY: 

Public Education Department

[12-31-98, 07-30-99; 6.41.3.1 NMAC

- Rn, 6 NMAC 9.5.2.1, 05-31-01; A, 11-13-09]

 

6.41.3.2                 SCOPE:  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 maintained.

[12-31-98, 6.41.3.2 NMAC - Rn, 6

NMAC 9.5.2.2, 05-31-01; A, 11-13-09]

 

6.41.3.3                 STATUTORY

AUTHORITY: 

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 stipulates that no school bus

route shall be maintained for lesser distance than: (1) one mile one way for

students in grades kindergarten through six; (2) one and one-half miles one way

for students in grades seven through nine; and (3) two miles one way for

students in grades ten though twelve.

[12-31-98; 6.41.3.3 NMAC - Rn, 6

NMAC 9.5.2.3, 05-31-01; A, 11-13-09]

 

6.41.3.4                 DURATION:  Permanent

[12-31-98; 6.41.3.4 NMAC - Rn, 6

NMAC 9.5.2.4, 05-31-01]

 

6.41.3.5                 EFFECTIVE

DATE: 

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

[12-31-98; 6.41.3.5 NMAC - Rn, 6

NMAC 9.5.2.5 & A, 05-31-01]

 

6.41.3.6                 OBJECTIVE:  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 standards shall be flexible and not rigidly applied by the local

school board and the state transportation director to prevent accidents and

help ensure student safety.

[12-31-98; 6.41.3.6 NMAC - Rn, 6

NMAC 9.5.2.6 & A, 05-31-01]

 

6.41.3.7                 DEFINITIONS:

                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 crossing site where,

for the street or roadway being crossed, no crossing guard, traffic enforcement

officer, stop sign, or traffic control signal is present, or the crossing site

is not designated or marked as a reduced speed school crossing zone.

                C.            High speed - 40 miles per hour (MPH) or higher posted speed limit.

                D.            Department - The public education

department.

                E.             State transportation division - The

program support and student transportation division.

[12-31-98; 6.41.3.7 NMAC - Rn, 6

NMAC 9.5.2.7 & A, 05-31-01; A, 11-13-09]

 

6.41.3.8                 REQUIREMENTS:  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 director must approve any costs incurred for implementing

transportation due to the qualification of the hazardous walking standards

prior to implementation. The costs must be within the available resources of

the categorical transportation appropriation.

                B.            The school district shall justify

that an attempt has been made to improve or eliminate hazardous walking

conditions and/or establish properly posted signs or supervised school

crossings in those cases where such crossings would eliminate hazardous walking

conditions.

                C.            The district must also show effort

to utilize the existence of available pedestrian crossings at controlled

intersections within the statutory walking distance to the specific attendance

center, which may require students to walk an increased distance before

crossing the street.

                D.            Traffic volume shall be determined

by the most current traffic engineering study conducted by a state or local

agency.

[12-31-98; 6.41.3.8 NMAC - Rn, 6

NMAC 9.5.2.8, 05-31-01]

 

6.41.3.9                 STANDARDS

FOR HAZARDOUS WALKING CONDITIONS:  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 total volume on  roads exceeds a rate of 120 vehicles per hour

or on roads with little or no walking space is available (shoulder or path) and

the traffic volume exceeds sixty (60) vehicles per hour during the times when

children are en route to or from school and at least one of the following

exists:

                    (1)     less than four (4) feet of walking space

outside of a curbed roadway for a continuous distance of 75 feet or more on at

least one side of the roadway;

                    (2)     less than five (5) feet of walking space

outside of the traveled portion of an uncurbed roadway for a continuous

distance of 75 feet or more on at least one side of the roadway;

                    (3)     a physical or visual obstruction on the walking

space that obstructs for a distance of 75 feet or more.

                B.            Walking across roadway and/or

intersection.

                    (1)     If the traffic volume of the street or

roadway being crossed exceeds a rate of 180 vehicles per hour through an unregulated

crossing site, which exceeds forty (40) feet in width during the times when

children are en route to or from school.

                    (2)     If the total traffic volume of the

intersection in all directions exceeds the following vehicle rates as applicable:

                              (a)     secondary school children - a rate of 70

vehicles per minute;

                              (b)     elementary school children - a rate of 55

vehicles per minute through a regulated intersection during the times when

children are en route to or from school, unless crossing guards or other

traffic enforcement officers are present.

                    (3)     If roadways that students must cross are

major traffic arteries for high volume movement of traffic with five lanes or

greater, high speed and high accident frequency, during the times when children

are en route to or from school, and where it is determined that traffic lights

and traffic guards are not adequate. If a turn bay is present at a traffic control

signal, it is not considered a lane. High speed is 40 M.P.H. or higher posted

speed limit.

                C.            Railroad crossings. Hazardous

walking conditions shall automatically apply to students required to walk

across a main lane, at grade, railroad crossing. (This does not include

industrial, spur or exempt railroad crossings.)

[12-31-98; 6.41.3.9 NMAC - Rn, 6

NMAC 9.5.2.9 & A, 05-31-01]

 

6.41.3.10               TEMPORARY

HAZARDOUS WALKING CONDITIONS:  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 the state transportation director to show that efforts have been made with

local government entities to eliminate the hazardous conditions or show that

efforts are underway to eliminate the conditions.

[12-31-98; 6.41.3.10 NMAC - Rn, 6

NMAC 9.5.2.10, 05-31-01]

 

6.41.3.11               APPLICATION

FOR TRANSPORTATION DUE TO HAZARDOUS WALKING CONDITIONS:  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 action of the local board of education due

to the determination of hazardous walking conditions, the request shall have

the recommendation of the police agency having jurisdiction and shall have the

necessary back-up data, cost impact and method for implementation submitted by

the administration of the local public school prior to approval.

[12-31-98; 6.41.3.11 NMAC - Rn, 6

NMAC 9.5.2.11, 05-31-01]

 

6.41.3.12               DISCONTINUANCE

OF TRANSPORTATION:  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 district

administration to notify the state transportation director and all affected

parties as soon as walking conditions are improved and temporary transportation

is terminated.

[12-31-98; 6.41.3.12 NMAC - Rn, 6

NMAC 9.5.2.12, 05-31-01]

 

6.41.3.13               APPEAL:

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.

[12-31-98; 6.41.3.13 NMAC - Rn, 6

NMAC 9.5.2.13, 05-31-01; A, 11-13-09]

 

6.41.3.14               FLEXIBLE

APPLICATION OF THIS RULE:  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

of education therefore, may choose to adopt hazardous walking standards that

exceed those outlined under Section 6.41.3.10 NMAC.  The requirements for the application of the

hazardous walking standards that exceed Section 6.41.3.9 NMAC are:

                A.            the local board of education shall

adopt a written policy which includes the standards for hazardous walking

within the local district that exceed those outlined in Section 6.41.3.9 NMAC;

and

                B.            any additional costs incurred due to

the local school district's policy which exceed the standards established in

Section 6.41.3.9 NMAC shall be the responsibility of the local district unless

a legislative appropriation has been approved for this purpose.

[12-31-98; 6.41.3.14 NMAC - Rn, 6

NMAC 9.5.2.14, 05-31-01; A, 11-13-09]

 

6.41.3.15               CLARIFYING

THE LIMITATION ON QUALIFICATION FOR TRANSPORTATION:  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 served by the school bus route. The walking

distance for each attendance center is based on the highest-grade level served.

[12-31-98; 6.41.3.15 NMAC - Rn, 6

NMAC 9.5.2.15, 05-31-01]

 

HISTORY OF 6.41.3 NMAC:

PRE-NMAC HISTORY: The

material in this regulation was derived from that previously filed with the

State Records Center and Archives under State Board of Education Regulation

73-3 Clarifying the Limitation on Qualification for Transportation, filed

January 22, 1973;

Amendment #1 State Board of

Education Regulation 73-3 Clarifying the Limitation on Qualification for

Transportation, filed June 27, 1988;

State Board of Education

Regulation 93-22 General Standards for Determining Hazardous Walking

Conditions, filed December 20,1993;

State Board of Education

Regulation 84-5 Standards and Criteria for Determining Extremely Hazardous

Walking Conditions, filed July 11,1984;

State Board of Education

Regulation 80-9 Hazardous Walking Conditions Criteria, filed December 1, 1980;

State Board of Education

Regulation 79-5 Hazardous Walking Conditions Criteria, filed May 14, 1979;

State Board of Education

Regulation 78-7 Hazardous Walking Conditions Criteria, filed July 7, 1978.