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F I S C A L I M P A C T R E P O R T





SPONSOR: Townsend DATE TYPED: 02-12-00 HB 46/aHEC
SHORT TITLE: Denial of Enrollment or Re-enrollment SB
ANALYST: Baca


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
 Recurring

or Non-Rec

 Fund

Affected

FY00 FY01 FY00 FY01
NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



LFC files

State Department of Education (SDE)



SUMMARY



Synopsis of HEC Amendment



The amendment adopted by the House Education Committee expands the rule for denial of enrollment and re-enrollment to the expulsion or behavior of a student in any other state. As introduced, the bill applied the rule only to expulsion and student behavior in any school district in New Mexico.



The intent and language in the bill are otherwise unchanged.



Synopsis of Bill



House Bill 46 sets forth conditions under which local school boards may deny enrollment or re-enrollment.



Significant Issues



The bill amends 22-1-4, NMSA 1978 to provide that local boards shall adopt rules governing the denial of enrollment or re-enrollment in schools in the district. and the school district's hearing and appeal process for such a denial. Denial of enrollment or re-enrollment is not mandated in the bill. This bill contains an emergency clause.



Grounds for denial of enrollment or re-enrollment shall be limited to:



FISCAL IMPLICATIONS



None apparent.



ADMINISTRATIVE IMPLICATIONS



None at the state level. Local school boards will be required to conduct the hearings necessary.



TECHNICAL ISSUES



See Substantive issues section.



OTHER SUBSTANTIVE ISSUES



Issues raised by SDE's legal staff in the SDE's analysis are quoted in their entirety below:



"Subsection E.(5)(a) limits the grounds for denial of enrollment or re-enrollment to expulsion from any school district within the preceding twelve months. It does not address long-term suspension within the preceding twelve months.



Subsection E.(5) (b) limits the grounds for denial of enrollment or re-enrollment to student's behavior in another school district during the preceding twelve months that is detrimental to the welfare or safety of other students or school personnel. With respect to re-enrollment, this provision should also address behavior in the school district in which the student is attempting to re-enroll.



In Subsection E.(5)(b), consideration should be given to whether the term "detrimental" is specific enough to comport with the requirements of substantive due process which requires that legislative enactments not be overbroad. In this regard, for example, courts have upheld the discipline of students for out-of-school conduct having a direct and immediate effect on school discipline or the general safety and welfare of the school.



It should also be noted that State Board of Education Regulation 6 NMAC 1.4 provides extensive procedural due process requirements that must be followed by a local board before it suspends or expels a student."



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