SENATE BILL 213

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

INTRODUCED BY

Gay G. Kernan

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO REQUIRE THE SENDING SCHOOL DISTRICT AND THE RECEIVING SCHOOL DISTRICT ENROLLING A HIGH SCHOOL STUDENT WHO HAS EXPERIENCED DISRUPTION IN THE EDUCATION PROCESS THROUGH NO FAULT OF THE STUDENT TO PROVIDE THAT STUDENT WITH OPPORTUNITIES TO PARTICIPATE IN COMPARABLE SCHOOL ACADEMIC PROGRAMS AND EXTRACURRICULAR ACTIVITIES FOR WHICH THE STUDENT IS ELIGIBLE AND TO EARN CREDITS AND GRADUATE FROM HIGH SCHOOL.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] TIMELY GRADUATION AND SUPPORT FOR STUDENTS WHO EXPERIENCE DISRUPTION IN THE STUDENT'S EDUCATION.--

          A. For purposes of this section, "a student who has experienced disruption in the student's education" means a student who experiences one or more changes in school or school district enrollment during a single school year as the result of:

                (1) homelessness as defined in the federal McKinney-Vento Homeless Assistance Act;

                (2) adjudication:

                     (a) as an abused or neglected child;

                     (b) as part of a family in need of court-ordered services voluntary placement pursuant to the Family Services Act; or

                     (c) as a delinquent; or

                (3) placement in a mental health treatment facility or habilitation program for developmental disabilities pursuant to the Children's Mental Health and Developmental Disabilities Act who or placement in treatment foster care.

          B. When a student who has experienced a disruption in the student's education transfers to a new public school or school district, the receiving school or school district shall communicate with the sending school district within two days of the student's enrollment. The sending school or school district shall provide the receiving school or school district with any requested records within two days of having received the receiving school's or school district's communication.

          C. A student who has experienced a disruption in the student's education transferring to a new school as the result of circumstances set forth in this section shall have:

                (1) priority placement in classes that meet state graduation requirements; and

                (2) timely placement in elective classes that are comparable to those in which the student was enrolled at the student's previous school or schools as soon as the school or school district receives verification from the student's records.

          D. For a student who has experienced disruption in the student's education at any time during the student's high school enrollment, a school district and public schools shall ensure:

                (1) acceptance of the student's state graduation requirements for a diploma of excellence pursuant to the Public School Code;

                (2) equal access to participation in sports and other extracurricular activities, career and technical programs or other special programs for which the student qualifies;

                (3) timely assistance and advice from counselors to improve the student's college or career readiness; and

                (4) that the student receives all special education services to which the student is entitled."