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.