SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 68

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO JUVENILES; REQUIRING NOTIFICATION TO THE APPROPRIATE SCHOOL DISTRICT WHEN A CHILD IS ADJUDICATED FOR CERTAIN OFFENSES; REQUIRING CONFIDENTIALITY; PROVIDING FOR PURGING OF REFERENCES TO AN ADJUDICATION IN SCHOOL RECORDS.

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

     Section 1. A new section of the Delinquency Act is enacted to read:

     "[NEW MATERIAL] SCHOOL NOTIFICATION.--

          A. The department shall notify the superintendent of the school district where a child resides or is currently enrolled and the head administrator of any charter or private school where a child is enrolled when the child has been adjudicated for one of the following offenses:

                (1) murder, as provided in Section 30-2-1 NMSA 1978;

                (2) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

                (3) kidnapping, as provided in Section 30-4-1 NMSA 1978;

                (4) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

                (5) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978;

                (6) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

                (7) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

                (8) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

                (9) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

                (10) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;

                (11) aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978;

                (12) robbery, as provided in Section 30-16-2 NMSA 1978;

                (13) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

                (14) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

                (15) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978.

          B. Notification shall occur within thirty days of adjudication and shall become part of the child's school record, provided that the notification of and all reference to the adjudication shall be purged from school records when any of the following occurs:

                (1) the records relating to the adjudication have been sealed pursuant to the provisions of the Delinquency Act;

                (2) the child obtains a high school diploma or a general educational development certificate; or

                (3) the child has not attended any school in the school district for three years.

          C. All reference to a delinquency petition filed concerning a child shall be confidential and not subject to disclosure, except to authorized employees and agents of the school district, charter school or private school that have a legitimate educational interest as defined in the federal Family Educational Rights and Privacy Act.

          D. The notification provisions of this section are for the purposes of protecting the child who was adjudicated, protecting the other students and staff of the school and assuring a safe and secure educational environment. Notification of an adjudication shall not be used to stigmatize the child.

           E. The department and the public education department shall promulgate rules for implementing school notification procedures pursuant to this section, including the purging of school records pursuant to Subsection B of this section."

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