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F I S C A L I M P A C T R E P O R T





SPONSOR: Miera DATE TYPED: 02/11/01 HB 36/aHEC
SHORT TITLE: Compulsory School Attendance Intervention SB
ANALYST: Gilbert


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02

NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



LFC Files

State Department of Education (SDE)



SUMMARY



Synopsis of HEC Amendment



House Education Committee amendment to House Bill 36 strikes the language in subsection E on page 4 as outlined below:



E. If the school district or private school intervened as provided in Subsection C of this section and the student accumulates a total of ten unauthorized absences during the semester, the authorized representative shall submit a request for family services to the children, youth and families department as provided in the Family in Need of Services Act.



The succeeding subsection is re-lettered accordingly and the remainder of the bill remains unchanged.



Synopsis of Original Bill



House Bill 36 relates to compulsory school attendance; conforms the Compulsory School Attendance Law with provisions of the Children's Code; and provides for student intervention to address student absenteeism.









Significant Issues



The Children's Code currently conflicts with provisions of the Compulsory School Attendance Law. This bill amends Section 22-12-7, NMSA 1978 to conform with the requirements of the Children's Code, Section 32A-3A-3, NMSA 1978, applicable to families in need of services.



FISCAL IMPLICATIONS



No apparent impact to the general fund. Schools are currently required to comply with relevant provisions of the Children's Code.



TECHNICAL ISSUES



Subsection E. of HB36 provides that a request for family services shall be submitted by the school district or private school if a student accumulates "a total of ten unauthorized absences" during the semester. According to the SDE, the Children's Code, Section 32A-3A-3, supra, provides for the referral only if the child is absent from school without an authorized excuse "for more than ten days" during a school semester.



The SDE also recommends that Section 22-12-8, NMSA 1978 should be repealed in view of this bill's amendment to Section 22-12-7B. supra, which provides a similar requirement for parental notification of a student's three unauthorized absences during the semester.



LG/ar