SENATE JOINT MEMORIAL 18

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Mary Kay Papen

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

A JOINT MEMORIAL

REQUESTING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, PUBLIC EDUCATION DEPARTMENT AND DEPARTMENT OF HEALTH TO STUDY THE COMPULSORY SCHOOL ATTENDANCE LAW AND THE FAMILY IN NEED OF SERVICES ACT TO IDENTIFY STRATEGIES AND METHODS TO ADDRESS AND PREVENT TRUANCY AND TO KEEP STUDENTS IN SCHOOL.

     WHEREAS, according to the United States department of education, when young people become truant, they are telling their parents, school officials and the community at large that they are in trouble and need help if they are to succeed in life; and

     WHEREAS, research indicates that students who become truant and eventually drop out of school often set themselves up for a lifetime of struggle by reducing their ability to become productive citizens; and

     WHEREAS, students who are not in school cannot gain the knowledge and skills necessary to become contributing members to society; and

     WHEREAS, national studies report that one in ten fifteen-year-olds was truant at least once a week and that high truancy rates are linked to increased burglary, vandalism and substance abuse rates; and

     WHEREAS, national studies also report that forty-four percent of juvenile crimes occur between 8:30 a.m. and 1:30 p.m. each day and that two-thirds of male juveniles arrested while truant tested positive for drug use; and

     WHEREAS, in the 2003 interim the legislative education study committee convened a work group consisting of representatives from New Mexico's school districts, judicial districts, tribal governments, the public education department and other executive agencies, educational organizations and groups working with at-risk youth to examine the problem of truancy, including issues of law and methods to keep children in school; and

     WHEREAS, the work group found that the Compulsory School Attendance Law in the Public School Code and the Family in Need of Services Act in the Children's Code are intended to complement each other in addressing truancy issues; and

     WHEREAS, the work group found that throughout the state the provisions of the Family in Need of Services Act are seldom applied because of mitigating factors, among them limited resources, delays in the schedule of interventions, permissive language and unclear lines of responsibility; and

     WHEREAS, the Family in Need of Services Act requires that the children, youth and families department, the public education department and the department of health coordinate services for families and their children;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the children, youth and families department, in collaboration with the public education department and the department of health, be requested to study the Family in Need of Services Act in order to identify strategies and methods to address and prevent truancy and to keep students in school; and

     BE IT FURTHER RESOLVED that the study include a comprehensive review of enforcement and intervention provisions in both the Compulsory School Attendance Law and the Family in Need of Services Act to ensure a cohesive framework that prevents truancy; and

      BE IT FURTHER RESOLVED that the children, youth and families department report its findings and recommendations on any changes necessary to align both laws to the legislative education study committee by November 2004; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of children, youth and families, the secretary of public education, the secretary of health and the legislative education study committee for appropriate distribution.

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