HOUSE BILL 500

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

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING ADDITIONAL REQUIREMENTS FOR DEVELOPMENT AND COMPLETION OF TRAINING RELATED TO CHILD ABUSE AND NEGLECT, SEXUAL ABUSE AND ASSAULT AND SUBSTANCE ABUSE; REQUIRING DEVELOPMENT OF RELATED POLICIES; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 22-10A-32 NMSA 1978 (being Laws 1988, Chapter 48, Section 1, as amended) is amended to read:

     "22-10A-32. LICENSED SCHOOL EMPLOYEES--REQUIRED TRAINING PROGRAM AND POLICIES.--

          A. All licensed school employees shall be required to complete [training in] a "day-of-safety" professional development course on the detection and reporting of child abuse and neglect, including sexual abuse and assault, and substance abuse. Except as otherwise provided in this subsection, [this] the day-of-safety professional development course requirement shall be completed within [the] a licensed school employee's first year of employment by a school district or charter school. Licensed school employees hired prior to the [2014-2015] 2017-2018 school year shall complete the sexual abuse and assault component of the required [training] course during the [2014-2015] 2017-2018 school year.

          B. The department shall develop a [training program] day-of-safety professional development course that consists of at least eight hours of instruction, including training materials and necessary training staff, to meet the requirement of Subsection A of this section to make the training available in every school district and charter school. Each school district and charter school shall adopt written policies that are included in the course material, and that:

                (1) establish a process for internal coordination and tracking of child abuse and neglect reports made by school district or charter school personnel;

                (2) clarify that school district and charter school personnel may contact law enforcement or other state officials directly to report child abuse or neglect concerns, and that personnel are not required to report those concerns through an internal chain of command; and

                (3) prohibit a school district or charter school from adopting a policy that relieves any school district or school personnel of the person's duty to report suspected child abuse or neglect.

          C. The department shall coordinate the development of the [program] day-of-safety professional development course with appropriate staff in school districts, [and at] the human services department, the department of health, [and] the children, youth and families department and the office of the attorney general. The department shall consult with the federal centers for disease control and prevention when developing the evidence-based training component on child sexual abuse and assault to include methods and materials that have proven to be effective.

          [C.] D. The [training program] day-of-safety professional development course developed pursuant to this section shall be made available by the department to the deans of every college of education in New Mexico for use in providing such training to students seeking elementary and secondary education licensure.

          E. For the purpose of this section, "child abuse and neglect" means actions or inactions that constitute "abandonment" as defined in the Abuse and Neglect Act, or that cause a child to be an "abused child" or a "neglected child" as defined in the Abuse and Neglect Act."

     SECTION 2. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2018 and 2019 to develop a day-of-safety professional development course to train school personnel on detecting and reporting child abuse and neglect. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

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