SB0393

SENATE BILL 393

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Craig Brandt

AN ACT

RELATING TO PUBLIC EDUCATION; ADDING TO THE PUBLIC SCHOOL CODE AN EARLY IDENTIFICATION AND NOTIFICATION AND IMMEDIATE INTERVENTION SYSTEM TO PREVENT UNEXCUSED ABSENCES, HABITUAL TRUANCY AND WITHDRAWAL FROM SCHOOL; PROVIDING FOR THE SUSPENSION OR POSTPONEMENT OF DRIVING PRIVILEGES OF SCHOOL-AGE PERSONS IN VIOLATION OF THE COMPULSORY SCHOOL ATTENDANCE LAW UPON A HEARING BY THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT.

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

SECTION 1. Section 22-12-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 170, as amended by Laws 2007, Chapter 307, Section 6 and by Laws 2007, Chapter 308, Section 6) is amended to read:

"22-12-2. COMPULSORY SCHOOL ATTENDANCE--WITHDRAWAL REQUIREMENTS--RESPONSIBILITY.--

A. Except as otherwise provided, a school-age person shall attend public school, private school, home school or a state institution until the school-age person is at least eighteen years of age unless that person has graduated from high school or received a general educational development certificate. [A parent may give written, signed permission for the school-age person to leave school in case of hardship approved by the local superintendent.]

B. A school-age person subject to the provisions of the Compulsory School Attendance Law shall attend school for at least the length of time of the school year that is established in the school district in which the person is a resident or the state-chartered charter school in which the person is enrolled, and the school district or state-chartered charter school shall not excuse a student from attending school except as provided in that law or for parent-authorized medical reasons.

C. Any parent of a school-age person subject to the provisions of the Compulsory School Attendance Law is responsible for the school attendance of that person.

D. A school-age person who is subject to the provisions of the Compulsory School Attendance Law shall not withdraw from a public school unless:

(1) the parent of the school-age person provides written documentation of the person's enrollment in another public school or a private school or a home school operated pursuant to the provisions of Section 22-1-2.1 NMSA 1978;

(2) the school receives:

(a) written documentation of the school-age person's illness;

(b) written documentation of a financial hardship causing the school-age person to be employed full time to support the person's family; or

(3) at an exit interview:

(a) the school-age person, the parent of the school-age person and the principal meet to discuss the intention to withdraw from school;

(b) the school-age person and the parent of the school-age person sign a written acknowledgment that a withdrawal from school is likely to diminish the future earnings and long-term employment prospects of the school-age person; and

(c) the principal agrees to the withdrawal and signs the written acknowledgment signed by the school-age person and the parent of the school-age person.

E. Starting with the 2014-2015 school year, a school-age person in grade eight through twelve who withdraws from a public school without meeting the requirements in Subsection D of this section may be certified as a school-age person in violation of the Compulsory School Attendance Law by the department and referred to the motor vehicle division of the taxation and revenue department for a hearing to determine the suspension or postponement of driving privileges. The motor vehicle division may suspend or postpone driving privileges until the person is no longer of school age or the department certifies to the motor vehicle division that the school-age person is in compliance with the Compulsory School Attendance Law, whichever occurs first.

[D.] F. Each local school board and each governing body of a charter school or private school shall enforce the provisions of the Compulsory School Attendance Law for students enrolled in their respective schools."

SECTION 2. Section 22-12-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 175, as amended) is amended to read:

"22-12-7. ENFORCEMENT OF ATTENDANCE LAW--HABITUAL TRUANTS--PENALTY.--

A. Each local school board and each governing body of a charter school or private school shall initiate the enforcement of the provisions of the Compulsory School Attendance Law for students enrolled in their respective schools.

B. To initiate enforcement of the provisions of the Compulsory School Attendance Law against [an] a student who is a habitual truant, a local school board or governing body of a charter school or private school or its authorized representatives shall give written notice of the habitual truancy by mail to or by personal service on the parent of the student subject to and in noncompliance with the provisions of the Compulsory School Attendance Law. The notice shall include a date, time and place for the parent to meet with the local school district, charter school or private school to develop intervention strategies that focus on keeping the student in an educational setting.

C. If unexcused absences continue after written notice of habitual truancy as provided in Subsection B of this section has occurred, the student shall be reported to the juvenile probation [services] office of the judicial district where the student resides for an investigation as to whether the student shall be considered to be a neglected child or a child in a family in need of services because of habitual truancy and thus subject to the provisions of the Children's Code. The juvenile probation [services] office may send a written notice to a parent of the student directing the parent and student to report to the juvenile probation [services] office to discuss services for the student or the family. [In addition to any other disposition, the children's court may order the habitual truant's driving privileges to be suspended for a specified time not to exceed ninety days on the first finding of habitual truancy and not to exceed one year for a subsequent finding of habitual truancy.]

D. If, after review by the juvenile probation office where the student resides, a determination and finding is made that the habitual truancy by the student may have been caused by the parent of the student, then the matter [will] shall be referred by the juvenile probation office to the district attorney's office or any law enforcement agency having jurisdiction for appropriate investigation and filing of charges allowed under the Compulsory School Attendance Law. Charges against the parent may be filed in metropolitan court, magistrate court or district court.

E. A parent of the student who, after receiving written notice as provided in Subsection B of this section and after the matter has been reviewed in accordance with Subsection D of this section, knowingly allows the student to continue to violate the Compulsory School Attendance Law [shall be] is guilty of a petty misdemeanor. Upon the first conviction, a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) may be imposed, or the parent of the student may be ordered to perform community service. If violations of the Compulsory School Attendance Law continue, upon the second and subsequent convictions, the parent of the student who knowingly allows the student to continue to violate the Compulsory School Attendance Law [shall be] is guilty of a petty misdemeanor and shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for a definite term not to exceed six months or both.

F. [The provisions of this section shall apply beginning July 1, 2004.] Starting with the 2014-2015 school year, a student in grade eight through twelve who is an habitual truant may be certified as a student in violation of the Compulsory School Attendance Law by the department and referred to the motor vehicle division of the taxation and revenue department for a hearing to determine the suspension or postponement of driving privileges. The student's driving privileges shall be suspended or postponed until the student is no longer of school age or the department certifies to the motor vehicle division that the student is in compliance with the Compulsory School Attendance Law, whichever occurs first."

SECTION 3. Section 22-12-8 NMSA 1978 (being Laws 1985, Chapter 104, Section 1, as amended) is amended to read:

"22-12-8. EARLY IDENTIFICATION AND NOTIFICATION AND IMMEDIATE INTERVENTION SYSTEM FOR UNEXCUSED ABSENCES AND [TRUANCY] WITHDRAWAL RISK FACTORS.--[Notwithstanding the provisions of Section 22-12-7 NMSA 1978, if a student is in need of early intervention, the school district, charter school or private school shall contact the student's parent to inform the parent that the student has unexcused absences from school and to discuss possible interventions. The provisions of this section do not apply to any absence if the parent has contacted the school to explain the absence.]

A. The department shall develop, and school districts shall implement, an early identification and notification and immediate intervention system pursuant to this section to minimize unexcused absences and prevent habitual truancy and withdrawal from school.

B. When a student accumulates five unexcused absences, the school shall request in writing a meeting and meet with the student's parent to discuss:

(1) the reasons for the unexcused absences;

(2) immediate interventions to prevent further unexcused absences;

(3) parental involvement in preventing further unexcused absences; and

(4) the potential consequences of habitual truancy.

C. For each student who demonstrates any risk factor that may lead to withdrawal from school, each school shall provide to the student immediate interventions aligned to the student's next step plan pursuant to Section 22-13-1.1 NMSA 1978 and the risk factors demonstrated by the student.

D. For a student who demonstrates any risk factor for withdrawing from school, the school shall maintain and provide to the student's parent and the school district a record of each risk factor and immediate intervention taken.

E. As used in this section, a "risk factor" includes:

(1) multiple discipline referrals;

(2) third grade reading scores below the proficiency level;

(3) habitual truancy in grades six through nine;

(4) failing in a course in grades six through nine; or

(5) a grade point average of 1.5 or below in grade nine."

SECTION 4. Section 22-12-9 NMSA 1978 (being Laws 2004, Chapter 28, Section 1, as amended) is amended to read:

"22-12-9. UNEXCUSED ABSENCES [AND], TRUANCY AND WITHDRAWAL--ATTENDANCE POLICIES.--

A. As used in this section and Sections 22-12-7 and 22-12-8 NMSA 1978:

(1) "habitual truant" means a student who has accumulated the equivalent of ten days or more of unexcused absences within a school year;

[(2) "student in need of early intervention" means a student who has accumulated five unexcused absences within a school year;] and

[(3)] (2) "unexcused absence" means an absence from school or classes for which the student does not have an allowable excuse pursuant to the Compulsory School Attendance Law or rules of the local school board or governing authority of a charter school or private school.

B. An unexcused absence of two or more classes up to fifty percent of an instructional day shall be counted as one-half day absence, and the unexcused absence of more than fifty percent of an instructional day shall be counted as one full-day absence.

C. Each school district and charter school shall maintain an attendance policy that:

(1) provides for an early identification [of students with unexcused absences, students in need of early intervention and habitual truants and provides intervention strategies that focus on keeping students in need of early intervention in an educational setting and prohibit out-of-

school suspension and expulsion as the punishment for unexcused absences and habitual truancy] and notification and immediate intervention system, pursuant to Section 22-12-8 NMSA 1978, for keeping in an educational setting, without out-of-school suspension or expulsion as a punishment, students who have five or more unexcused absences, students who are habitual truants and students who demonstrate risk factors for withdrawing from school;

(2) [uses] allows withdrawal [as provided in Section 22-8-2 NMSA 1978] only after exhausting intervention efforts to keep students in educational settings;

(3) requires that class attendance be taken for every instructional day in every public school or school program in the school district; and

(4) provides for schools to document the following for each student identified as an habitual truant:

(a) attempts of the school to notify the parent that the student had unexcused absences;

(b) attempts of the school to meet with the parent to discuss intervention strategies; and

D. The department shall review and approve school district and charter school attendance policies.

E. School districts and charter schools shall report unexcused absences and habitual truancy rates to the department in a form and at such times as the department determines and shall document intervention efforts made to keep students in need of early intervention and habitual truants in educational settings. Locally chartered charter schools shall provide copies of their reports to the school district.

F. Once per semester, each school shall report to the school district, and once per school year, each school district shall report to the department, the number of students who:

(1) accumulated five unexcused absences;

(2) accumulated ten unexcused absences;

(3) withdrew from school pursuant to the provisions of Subsection D of Section 22-12-2 NMSA 1978:

(a) with an exit interview; or

(b) without an exit interview;

(4) stopped attending school during a semester; or

(5) failed to return to school after a school break.

G. The department shall compile school district and charter school reports on rates of unexcused absences [and], habitual truancy and withdrawals and require school districts and charter schools to certify that the information is being reported consistently."

SECTION 5. Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:

"66-5-30. AUTHORITY OF DIVISION TO SUSPEND OR REVOKE LICENSE.--

A. The division is authorized to suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee:

(1) has been convicted of an offense for which mandatory revocation of license is required upon conviction;

(2) has been convicted as a driver in an accident resulting in the death or personal injury of another or serious property damage;

(3) has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(4) is an habitually reckless or negligent driver of a motor vehicle;

(5) is incompetent to drive a motor vehicle;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has been convicted of an offense in another state or tribal jurisdiction that if committed within this state's jurisdiction would be grounds for suspension or revocation of the license;

(8) has violated provisions stipulated by a district court in limitation of certain driving privileges;

(9) has failed to fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state court or tribal court, whenever appearance is required by law or by the court as a consequence of a charge or conviction under the Motor Vehicle Code or pursuant to the laws of the tribe;

(10) has failed to pay a penalty assessment within thirty days of the date of issuance by the state or a tribe; or

(11) has accumulated seven points, but less than eleven points, and when the division has received a recommendation from a municipal or magistrate judge that the license be suspended for a period not to exceed three months.

B. Upon suspending the license of a person as authorized in Subsection A of this section, the division shall immediately notify the licensee in writing and upon [his] the licensee's request shall afford [him] the licensee an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the division and the licensee agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail. The director may, in [his] the director's discretion, extend the twenty-day period. Upon the hearing, the director or [his] the director's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the division shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify or extend the suspension of the license or revoke the license.

C. The division is authorized to suspend or postpone the granting of an instruction permit, driver's license or provisional license to a school-age person or student certified and referred by the public education department as being in violation of the Compulsory School Attendance Law, following a hearing to be held within twenty days of the division's receipt of the certification and in the county where the school-age person or student resides. The twenty-day period shall not include Saturdays, Sundays and legal holidays. The director may, in the director's discretion, extend the twenty-day period. Upon the hearing, the director or the director's duly authorized agent may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require an examination of the school-age person or student. Upon the hearing, the division may suspend or postpone driving privileges until the school-age person or student is no longer of school age or the public education department certifies to the division that the school-age person or student is in compliance with the Compulsory School Attendance Law."

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