0001|                           SENATE BILL 273
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                          ROMAN M. MAES III
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO PUBLIC SCHOOLS; REQUIRING STUDENTS TO REMAIN ON
    |
0012|     SCHOOL PROPERTY DURING SCHOOL HOURS; AMENDING AND ENACTING
    |
0013|     SECTIONS OF THE NMSA 1978.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  Section 22-5-4 NMSA 1978 (being Laws 1967,
    |
0017|     Chapter 16, Section 28, as amended) is amended to read:
    |
0018|          "22-5-4.  LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local
    |
0019|     school board shall have the following powers or duties:
    |
0020|               A.  subject to the regulations of the state board,
    |
0021|     supervise and control all public schools within the school
    |
0022|     district and all property belonging to or in the possession of
    |
0023|     the school district;
    |
0024|               B.  employ a superintendent of schools for the
    |
0025|     school district and fix his salary;
    |
0001|               C.  delegate administrative and supervisory
    |
0002|     functions of the local school board to the superintendent of
    |
0003|     schools;
    |
0004|               D.  subject to the provisions of law, approve or
    |
0005|     disapprove the employment, termination or discharge of all
    |
0006|     employees and certified school personnel of the school district
    |
0007|     upon a recommendation of employment, termination or discharge
    |
0008|     by the superintendent of schools; provided that any employment
    |
0009|     relationship shall continue until final decision of the board. 
    |
0010|     Any employment, termination or discharge without the prior
    |
0011|     recommendation of the superintendent is void;
    |
0012|               E.  apply to the state board for a waiver of certain
    |
0013|     provisions of the Public School Code relating to length of
    |
0014|     school day, staffing patterns, subject area or the purchase of
    |
0015|     instructional materials for the purpose of implementing a
    |
0016|     collaborative school improvement program for an individual
    |
0017|     school;
    |
0018|               F.  fix the salaries of all employees and certified
    |
0019|     school personnel of the school district;
    |
0020|               G.  contract, lease, purchase and sell for the
    |
0021|     school district;
    |
0022|               H.  acquire and dispose of property;
    |
0023|               I.  have the capacity to sue and be sued;
    |
0024|               J.  acquire property by eminent domain <s>[as]</s>
    |
0025|     pursuant to the procedures provided in the Eminent Domain Code;
    |
0001|               K.  issue general obligation bonds of the school
    |
0002|     district;
    |
0003|               L.  repair and maintain all property belonging to
    |
0004|     the school district;
    |
0005|               M.  for good cause and upon order of the district
    |
0006|     court, subpoena witnesses and documents in connection with a
    |
0007|     hearing concerning any powers or duties of the local school
    |
0008|     boards;
    |
0009|               N.  except for expenditures for salaries, contract
    |
0010|     for the expenditure of money according to the provisions of the
    |
0011|     Procurement Code;
    |
0012|               O.  adopt regulations pertaining to the
    |
0013|     administration of all powers or duties of the local school
    |
0014|     board;
    |
0015|               P.  accept or reject any charitable gift, grant,
    |
0016|     devise or bequest.  The particular gift, grant, devise or
    |
0017|     bequest accepted shall be considered an asset of the school
    |
0018|     district or the public school to which it is given; <s>[and]</s>
    |
0019|               Q.  offer and, upon compliance with the conditions
    |
0020|     of such offer, pay rewards for information leading to the
    |
0021|     arrest and conviction or other appropriate disciplinary
    |
0022|     disposition by the courts or juvenile authorities of offenders
    |
0023|     in case of theft, defacement or destruction of school district
    |
0024|     property.  All such rewards shall be paid from school district
    |
0025|     funds in accordance with regulations that shall be promulgated
    |
0001|     by the department of education; <u>and</u>
    |
0002|               <u>R.  develop rules and procedures to ensure
</u>    |
<u></u>0003| <u>    compliance with the Compulsory School Attendance Law, Section
</u>    |
<u></u>0004| <u>    22-12-2 NMSA 1978, that all students remain on school property
</u>    |
<u></u>0005| <u>    during school hours</u>."
    |
0006|          Section 2.  Section 22-12-2 NMSA 1978 (being Laws 1967,
    |
0007|     Chapter 16, Section 170, as amended) is amended to read:
    |
0008|          "22-12-2.  COMPULSORY SCHOOL ATTENDANCE--RESPONSIBILITY.--
    |
0009|               A.  Any qualified student and any person who because
    |
0010|     of his age is eligible to become a qualified student as defined
    |
0011|     by the Public School Finance Act until attaining the age of
    |
0012|     majority shall attend a public school, a private school, a home
    |
0013|     school or a state institution.  A person shall be excused from
    |
0014|     this requirement if:
    |
0015|                    (1)  the person is specifically exempted by law
    |
0016|     from the provisions of this section;
    |
0017|                    (2)  the person has graduated from a high
    |
0018|     school;
    |
0019|                    (3)  the person is at least sixteen years of
    |
0020|     age and has been excused by the local school board or its
    |
0021|     authorized representative upon a finding that the person will
    |
0022|     be employed in a gainful trade or occupation or engaged in an
    |
0023|     alternative form of education sufficient for the person's
    |
0024|     educational needs and the parent, guardian or other person
    |
0025|     having custody and control consents;
    |
0001|                    (4)  with consent of the parent, guardian or
    |
0002|     person having custody and control of the person to be excused,
    |
0003|     the person is excused from the provisions of this section by
    |
0004|     the superintendent of schools of the school district in which
    |
0005|     the person is a resident and the person is under eight years of
    |
0006|     age; or
    |
0007|                    (5)  the person is judged, based on standards
    |
0008|     and procedures adopted by the state board, to be unable to
    |
0009|     benefit from instruction because of learning disabilities or
    |
0010|     mental, physical or emotional conditions.
    |
0011|               B.  A person subject to the provisions of the
    |
0012|     Compulsory School Attendance Law shall attend school for at
    |
0013|     least the length of time of the school year that is established
    |
0014|     in the school district in which the person is a resident.
    |
0015|               <u>C.  A person subject to the provisions of the
</u>    |
<u></u>0016| <u>    Compulsory School Attendance Law in a school district that had
</u>    |
<u></u>0017| <u>    a total actual membership for school year 1995-96 of not less
</u>    |
<u></u>0018| <u>    than 12,500 students and not more than 13,000 students shall
</u>    |
<u></u>0019| <u>    attend school and remain on the school property for the entire
</u>    |
<u></u>0020| <u>    school day except while attending functions away from the
</u>    |
<u></u>0021| <u>    school property that are sanctioned by the local school board
</u>    |
<u></u>0022| <u>    and except for excused absences as approved by the school
</u>    |
<u></u>0023| <u>    board.</u>
    |
0024|               <s>[C.]</s> <u>D.</u>  Any parent, guardian or person having
    |
0025|     custody and control of a person subject to the provisions of
    |
0001|     the Compulsory School Attendance Law is responsible for the
    |
0002|     school attendance of that person."
    |
0003|          Section 3.  [<u>NEW MATERIAL</u>]  LOCAL SCHOOL BOARD--
    |
0004|     ADDITIONAL DUTIES.--Effective for the school year beginning in
    |
0005|     fall 1997, the local school board of a school district in which
    |
0006|     students are required to remain on school property during
    |
0007|     school hours pursuant to the provision of Section 22-12-2 NMSA
    |
0008|     1978 shall establish and implement rules and procedures to
    |
0009|     ensure that students remain on school property during the
    |
0010|     entire school day except while attending functions away from
    |
0011|     the school property that are sanctioned by the school board and
    |
0012|     except excused absences as approved by the school board.  Rules
    |
0013|     and procedures may include among their provisions:
    |
0014|               A.  fencing or other physical means to enclose
    |
0015|     school campuses;
    |
0016|               B.  hiring additional personnel for security and
    |
0017|     monitoring students; and
    |
0018|               C.  penalties to enforce the closed campus rules.
    |
0019|                               
    |