HOUSE BILL 270

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

James R.J. Strickler and Stephanie Garcia Richard

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO ALLOW HOME SCHOOL STUDENTS TO PARTICIPATE IN ACADEMIC ACTIVITIES REGULATED BY AN ASSOCIATION AND TO ESTABLISH REQUIREMENTS FOR SUCH PARTICIPATION.

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

     SECTION 1. Section 22-1-2.1 NMSA 1978 (being Laws 1985, Chapter 21, Section 2, as amended) is amended to read:

     "22-1-2.1. HOME SCHOOL--REQUIREMENTS--HOME SCHOOL TEAMS.--

          A. Any person operating or intending to operate a home school shall:

                [A.] (1) submit a home school registration form made available by the department and posted on the department's [web site] website to notify the department within thirty days of the establishment of the home school and to notify the department on or before August 1 of each subsequent year of operation of the home school;

                [B.] (2) maintain records of student disease immunization or a waiver of that requirement; and

                [C.] (3) provide instruction by a person possessing at least a high school diploma or its equivalent.

          B. A home school parent, guardian or other person having custody of a school-age person may organize a team consisting of home school students to participate in academic activities that are regulated by an association pursuant to Section 22-2-2 NMSA 1978. A home school team shall:

                (1) be entitled to regular or affiliate membership in the association;

                (2) be eligible for a separate membership in the association; provided that the association may promulgate rules to allow for consolidation of team memberships as the association may deem appropriate; and

                (3) designate a home school administrator who shall have the same authority and responsibility as that of a public school administrator or athletic director regarding the activity.

          C. The association shall promulgate such rules as required regarding home school team participation in academic activities.

          D. For purposes of this section:

                (1) "home school administrator" means a person designated by the home school team who shall be qualified pursuant to the School Personnel Act to provide instruction in the activity and be actively engaged in such instruction; and

                (2) "home school team" means a group of home school students organized to participate in a specific academic activity, as determined by an association or organization pursuant to Section 22-2-2 NMSA 1978."

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