SENATE BILL 147

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Harold Pope and Linda M. Trujillo

 

 

 

 

 

AN ACT

RELATING TO CHILDREN; ENACTING THE EXCLUSIONARY PRACTICES ACT; PROVIDING LIMITATIONS ON THE EXPULSION OR SUSPENSION OF CHILDREN IN AN EARLY PRE-KINDERGARTEN OR PRE-KINDERGARTEN PROGRAM OR IN A LICENSED CHILD CARE FACILITY; PROVIDING EXCEPTIONS; REQUIRING REPORTING.

 

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

     SECTION 1. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Exclusionary Practices Act"."

     SECTION 2. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Exclusionary Practices Act:

          A. "enrolling entity" means any community- or school-based pre-kindergarten or early pre-kindergarten program or any licensed child care facility in New Mexico that serves children aged six weeks through five years;

          B. "expulsion" means the permanent removal or dismissal of a child from a program or facility and includes a soft expulsion;

          C. "in-school suspension" means the removal or exclusion of a child from the general classroom or program setting to another setting;

          D. "out-of-school suspension" means the temporary removal of a child from the classroom or program setting; and

          E. "soft expulsion" means a practice that makes the program an unviable or unwelcoming care arrangement and leaves a parent or legal guardian with little choice other than to withdraw the child."

     SECTION 3. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] EXPULSION--OUT-OF-SCHOOL SUSPENSION-- PROHIBITED--EXCEPTIONS.--

          A. An enrolling entity shall not expel a child for a reason related to the child's behavior or for a disciplinary reason.

          B. An enrolling entity shall not in-school or out-of-school suspend a child for a reason related to the child's behavior or for a disciplinary reason, unless it is determined by the enrolling entity that the child has willfully caused or attempted to cause bodily injury or threatened serious bodily injury to another person, except in self-defense. The length of an out-of-school suspension given pursuant to this subsection shall not exceed three school days for any individual incident.

          C. Planned transitions to settings that are jointly agreed upon by the parent or legal guardian of a child and an enrolling entity to better meet a child's needs shall not be considered a suspension or expulsion so long as the enrolling entity did not create the conditions to encourage the parent or legal guardian to withdraw their child.

          D. A request by an enrolling entity that a parent or legal guardian remove a child for disciplinary reasons from the enrolling entity for any length of time during the day constitutes an out-of-school suspension and is subject to the requirements of this section.

          E. Changes to services for a child with an individualized education program or individual family service plan shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act.

          F. Nothing in this section shall:

                (1) preclude the right of a parent or legal guardian to voluntarily withdraw the parent's or legal guardian's child from an enrolling entity; or

                (2) prevent an enrolling entity from suspending, expelling or disenrolling a child for reasons outside of those stated in the Exclusionary Practices Act and unrelated to discipline or a child's behavior."

     SECTION 4. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] REPORTING REQUIREMENTS.--An enrolling entity shall report to the early childhood education and care department a disenrollment, expulsion or suspension of a child in the manner and on forms required by that department."

     SECTION 5. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] RULEMAKING AUTHORITY.--The early childhood education and care department shall promulgate rules necessary to carry out the provisions and requirements of the Exclusionary Practices Act."

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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