44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO EDUCATION; MANDATING THE ADOPTION OF STUDENT DISCIPLINE POLICIES PERTAINING TO THE THREAT AND USE OF WEAPONS IN SCHOOL; PROVIDING FOR A DUE PROCESS HEARING; REMOVING DISCIPLINE POLICIES FOR DISABLED STUDENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-5-4.7 NMSA 1978 (being Laws 1995, Chapter 47, Section 1) is amended to read:

"22-5-4.7. ADDITIONAL STUDENT DISCIPLINE POLICIES-- WEAPON-FREE SCHOOLS.--

A. In addition to other student discipline policies:

(1) each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the jurisdiction of [the] a local school board; [The local school board or the superintendent of the school district may modify the expulsion requirement on a case-by-case basis.

B. Student discipline policies shall also provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student requests a due process hearing, then the student shall remain in the alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise]

(2) each school district shall adopt a policy providing for the suspension from school, for a period of not less than six months, of a student who is determined to have knowingly threatened to bring a weapon to a school for the purpose of committing great bodily harm with the weapon against a person at a school under the jurisdiction of a local school board; and

(3) each school district shall adopt a policy providing for the suspension from school, for a period of not less than ten school days, of a student who is determined to have knowingly failed to immediately report to the appropriate law enforcement or school authorities any threat to bring a weapon to a school for the purpose of committing great bodily harm with the weapon against a person at a school under the jurisdiction of a local school board.

B. Each school district shall provide policies for a due process hearing to be conducted upon the request of a parent or guardian when a student is determined to have knowingly failed to report a threat by another person to bring a weapon to school for the purpose of committing great bodily harm with the weapon against a person, threatened to bring a weapon to school for the purpose of committing great bodily harm with the weapon against another person or brought a weapon to a school. Student discipline policies shall also provide for placement in an alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise.

C. For the purposes of this section:

(1) "weapon" means:

[(1)] (a) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and

[(2)] (b) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellent charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or similar device; and

(2) "great bodily harm" means an injury to a person that creates a high probability of death, causes serious disfigurement or results in permanent or protracted loss or impairment of the function of any member or organ of the body."