SENATE JOINT MEMORIAL 32

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

William E. Sharer

A JOINT MEMORIAL

REQUESTING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND THE PUBLIC EDUCATION DEPARTMENT, IN CONSULTATION WITH THE ATTORNEY GENERAL AND OTHER ENTITIES, TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE NOTIFICATION OF PUBLIC AND PRIVATE SCHOOLS WHEN A STUDENT IS THE SUBJECT OF A DELINQUENCY PETITION.

     WHEREAS, there have been instances in which a juvenile charged with a serious crime, as cited in a delinquency petition, has been enrolled in a public school without the knowledge of school personnel; and

     WHEREAS, in some cases these students may pose a threat to other students or to school personnel; and

     WHEREAS, if school personnel were informed of the circumstances they might be able to provide assistance to the accused student and to take additional measures to ensure that another student or staff member does not become the victim of an assault or other serious crime; and

     WHEREAS, the prospect of requiring notification to certain school personnel when a student is the subject of a delinquency petition presumes a corresponding action by the school personnel and implies a level of responsibility and liability that may not exist otherwise; and

     WHEREAS, the New Mexico Children's Code and the federal Family Educational Rights and Privacy Act restrict the dissemination of information about juveniles; and

     WHEREAS, delinquency petitions are public records open to public inspection at the court of jurisdiction; and

     WHEREAS, all persons, including juveniles, charged with serious crimes are presumed innocent until proven guilty; and

     WHEREAS, a policy that governs the release to a public or private school of information contained in or related to a delinquency petition necessitates a balance between preserving the civil rights of the accused and ensuring the safety of other students and staff; and

     WHEREAS, the constitution of New Mexico requires that a "uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state shall be established and maintained"; and

     WHEREAS, the children, youth and families department and the public education department are drafting a memorandum of understanding regarding the notification of school personnel when adjudicated youth are attending public or private schools;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the children, youth and families department and the public education department, in consultation with the office of the attorney general and with representatives of public school districts, charter schools, private schools, district attorneys, law enforcement agencies and other appropriate entities, study the issues surrounding the timely notification of public and private schools when a student is the subject of a delinquency petition; and

     BE IT FURTHER RESOLVED that the children, youth and families department and the public education department report findings and recommendations of the study to the legislative education study committee no later than November 1, 2007; 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 and the attorney general.

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