SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 464

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING NOTICE BEFORE PUBLIC SCHOOLS RELEASE PERSONAL INFORMATION ABOUT STUDENTS TO POST-SECONDARY RECRUITERS; PROVIDING OTHER REQUIREMENTS AND LIMITATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] STUDENT INFORMATION--PRIVACY AND CHOICE IN DISCLOSURE--REQUIREMENTS AND LIMITATIONS ON POST-SECONDARY RECRUITMENT.--

          A. As used in this section, "post-secondary recruiter" means a person who recruits students to enroll in a school, college or university; to join a branch of the armed services; to join a community or national service organization; or to join a business, firm or other employment.

          B. Each school district and charter school shall develop a post-secondary recruitment policy for high school that includes the requirements of Subsection C of this section.

          C. Each school district and charter school shall:

                (1) provide two written notifications to its students and parents that explains that students and parents have the right to withhold personally identifiable and directory student information from any or all post-secondary recruiters; provided that the second notification shall be given not less than two weeks prior to the high school releasing students' personal information to post-secondary recruiters; and provided further that each notification shall include the date on which student personal information will be released to post-secondary recruiters and the method by which students and parents may notify the high school of their choice to withhold their personal information;

                (2) maintain an annual record of students and parents who choose to withhold the student's personal information from all post-secondary recruiters and shall consider this withholding to be the final choice of the student and parent for the duration of the student's attendance at that high school, unless later changed in writing by the student or parent;

                (3) not release student personal information to post-secondary recruiters prior to that school district's or charter school's fortieth school day;

                (4) limit the number of visits and the total hours of access by a post-secondary recruiter to a set number of school days that do not exceed six per academic year, per post-secondary recruiter;

                (5) require advance notification of at least forty-eight hours before a post-secondary recruiter is allowed to visit the high school campus to engage in recruiting activities;

                (6) maintain a publicly available log of post-secondary recruiters, their hosting organizations and the dates and times of visits to the school campus to engage in recruiting activities;

                (7) require post-secondary recruiters to remain in designated locations that are publicly visible and accessible, such as student centers, classrooms or cafeterias;

                (8) require the written permission of a student's parent before allowing minor students to leave a school campus with a post-secondary recruiter; and

                (9) provide for equal access to all post-secondary recruitment organizations requesting access, without preference to any individual or group of organizations."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

- 4 -