March 8, 1999

Mr. Speaker:

Your EDUCATION COMMITTEE, to whom has been referred

HOUSE BILL 769

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 25, after the first comma insert "maintaining the privacy of the employee,".

2. On page 2, line 1, strike the first "termination" and insert in lieu thereof "removal from employment" and strike the second "termination" and insert in lieu thereof "removal from employment".

3. On page 2, line 3, strike "termination" and insert in lieu thereof "removal from employment".

4. On page 2, line 7, after "or" insert "for any".

5. On page 2, line 10, before the period insert "who is not a law enforcement agency or a person or organization employed by a law enforcement agency".

6. On page 2, lines 10 through 12, strike the sentence beginning with "A".

7. On page 2, line 13, strike "disclosure" and insert in lieu thereof "results" and after "confidential" insert a period and strike the remainder of the sentence beginning with "and".

8. On page 2, line 22, strike the quotation mark and insert in lieu thereof "Records and any related information shall be privileged and shall not be disclosed to a person not directly involved in an employment decision affecting the specific school employee or applicant for school employment.".

9. On page 2, between lines 22 and 23, insert the following new section:

"E. In the event the local school board removes any licensed school employee from employment for violating that local district's drug testing policy, the local school board shall notify the department of education of the identity of the removed licensed employee and provide copies of all removal documents, including the drug test results, if any, on which that board based its decision for removal. Any such drug test results shall be admissible at any hearing conducted by the department of education against the licensed employee's state educator's license. All documents received by the department of education relating to removal of a licensed school employee for violation of a local board's drug testing policy, shall not be considered a public record as defined in Subsection E of Section 14-2-5 NMSA 1978. In addition to a licensed employee's rights pursuant to Section 22-2-1, Subsection G of Section 22-2-2 and Section 22-10-22 NMSA 1978, any action by the department of education or the state board of education to revoke, suspend or deny the renewal of a licensed employee's license, based on violation of a local district's drug testing policy, shall be conducted at forums not open to the general public. Any such meetings or deliberations shall be exempted from the open meeting provisions of Sections 10-15-1 through 10-15-4 NMSA 1978."".,

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

Rick Miera, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 15 For 0 Against

Yes: 15

Excused: Stapleton

Absent: None

.128703.1

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