N.M. Admin. Code § 6.40.2.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 6.40.2.11 - SCHOOL BUS ADVERTISEMENTS

A. SCHOOL BUS ADVERTISEMENT ADMINISTRATION

(1) The right to sell advertising space on school buses shall be within the sole discretion of the local school board, except as required by Paragraph (4) of Subsection A of 6.40.2.11 NMAC.

(2) Local school boards may sell advertising space on the interior and exterior of school buses. The local board shall develop guidelines for the type of advertisements that will be permitted.

(3) No advertisement shall involve obscenity, sexual material, gambling, tobacco, alcohol, political campaigns or causes, religion or promoting the use of drugs; or general content that is harmful or inappropriate for school buses as determined by the local board of education.

(4) All school bus private owners that have legal title to school buses used and operated pursuant to an existing bus service contract with a school district may lease space on their buses to the school district for the purpose of selling commercial advertisements. In exchange for leasing the space, the school bus owner-operators shall receive ten percent of the total value of the amount of the contract between the school district and the commercial advertiser.

(5) A school district shall be permitted to solicit offers from commercial advertisers for the use of space on the school buses that services its school district. The school district may enter into a lease agreement with a commercial advertiser for the use of any designated advertising space on a school bus that services the school district.

(6) The contract must include the time schedule permitted for placement and removal of the advertisement, the term of the agreement, the rental amount and the signatures of authorized parties. These agreements must be filed and maintained for a period of five years from the expiration date of the advertisement contract.

B. ADVERTISEMENT TERM

(1) In a lease agreement with a commercial advertiser, the school district shall establish the rental amount, schedule and term. The term of any lease agreement shall not be for a period longer than the time remaining on the school district's bus service contract with a school bus operator who owns the bus that is the subject of the lease agreement.

(2) A school district shall not enter into a lease agreement with a commercial advertiser that seeks to display an advertisement that is prohibited by local school board guidelines or by Paragraph (3) of Subsection A of 6.40.2.11 of this regulation.

C. EXTERIOR ADVERTISEMENT SPACE REQUIREMENTS AND RESTRICTIONS

(1) All school bus advertisements shall be painted or affixed by decal on the bus in a manner that does not interfere with national and state requirements for school bus markings, lights and signs. The commercial advertiser that contracts with the school district for the use of the space for advertisements shall be required to pay the cost of painting or affixing a decal for the advertisements on the bus and shall pay for its removal after the term of the contract has expired.

(2) No advertisements shall be displayed on the front, rear or left (driver) side of the school bus.

(3) No advertisement shall interfere with national and state requirements for school bus markings, lights, signs, emergency exits, service doors, windows and ventilation area of rear engines.

(4) The amount of space that will be permitted for commercial advertisements on the exterior portion of a school bus will be limited to 18-inches from the rear most portion of the bus and 6-inches from the window base line, service door(s), wheel well opening, required lettering or bus body reflectors. Advertisements will be permitted above the window drip rail leading toward the roof of the school bus.

D. INTERIOR ADVERTISEMENT SPACE REQUIREMENTS AND RESTRICTIONS

(1) The amount of space that will be permitted for commercial advertisements on the interior portion of school buses will be limited to the area above every other window not to exceed 24-inches wide by 12-inches in height.

(2) No advertisement shall interfere with national and state requirements for school bus markings, lights, signs, emergency exits, service doors and windows.

(3) No advertisements shall be displayed on the front or rear of the school bus.

(4) Advertisements shall be limited to health and safety related messages.

E. DISTRIBUTION OF FUNDS

(1) Funds raised from commercial advertisement shall be distributed from the school bus advertising fund after the required payment is made to school bus private owners.

(2) Sixty percent of the proceeds raised shall be distributed to each school district to use in accordance with the school district's technology plan in amounts proportionate to the amount that each school district contributed to the school bus advertising fund.

(3) Forty percent of the proceeds raised shall be distributed on a per membership basis of middle and junior high schools by the secretary of education to school districts for extracurricular activities. If a school district does not expend money from the school bus advertising fund for extracurricular activities, it shall revert to the fund.

F. REPORTING AND ACCOUNTABILITY

(1) Funds raised by a school district from lease agreements relating to the use of advertising space on school buses by commercial advertisers shall be remitted to the public education department, accounted for and subject to review and examination.

(2) School districts shall report to the public education department on how the funds were used in the technology plans and for extracurricular activities.

N.M. Admin. Code § 6.40.2.11

7-01-96, 7-31-97; 6.40.2.11 NMAC - Rn, 6 NMAC 9.2.12 & A, 7-31-2000; A, 11-15-2005