SB0393EDS

SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 393

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

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 [RESPONSIBILITY]--WITHDRAWAL REQUIREMENTS--SUSPENSION OR DENIAL OF DRIVING PRIVILEGES--APPEAL TO SCHOOL DISTRICT, DEPARTMENT AND DISTRICT COURT.--

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, when a school-age person in grade eight through twelve withdraws from a public school without meeting the requirements in Subsection D of this section:

(1) a school may provide to the school-age person's parent a notice of noncompliance with the Compulsory School Attendance Law containing:

(a) the name, date of birth and address of the school-age person;

(b) a statement that the school-age person is in noncompliance with the Compulsory School Attendance Law due to withdrawal from school without meeting the requirements of Subsection D of this section; and

(c) notice of the opportunity to request a meeting with the principal or head administrator within two weeks to: 1) commit to returning to school and complying with the Compulsory School Attendance Law; or 2) provide evidence that the school-age person is no longer subject to the Compulsory School Attendance Law;

(2) a school district or state-chartered charter school may provide to the school-age person's parent and the motor vehicle division of the taxation and revenue department a certification of noncompliance with the Compulsory School Attendance Law no fewer than thirty days after the notice of noncompliance with the Compulsory School Attendance Law is sent to the parent if the school-age person remains noncompliant;

(3) upon the motor vehicle division's receipt of a certification of noncompliance with the Compulsory School Attendance Law, the motor vehicle division shall suspend or deny the issuance of an instruction permit, driver's license or provisional license of a school-age person pursuant to the Motor Vehicle Code; and

(4) following the suspension or denial of an instruction permit, driver's license or provisional license, the school-age person may:

(a) request a hearing from the school district or state-chartered charter school for the school-age person to provide evidence supporting a request that the school district or state-chartered charter school provide to the motor vehicle division a certification that the school-age person is in compliance with or is no longer subject to the Compulsory School Attendance law;

(b) appeal the school district's or state-chartered charter school's determination by requesting a hearing and final decision from the department pursuant to its rules; and

(c) appeal the department's final decision to the district court for the county in which the student resides pursuant to Section 39-3-1.1 NMSA 1978.

[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--SUSPENSION OR DENIAL OF DRIVING PRIVILEGES--APPEAL TO SCHOOL DISTRICT, DEPARTMENT AND DISTRICT COURT.--

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, when a student in grade eight through twelve accumulates ten or more unexcused absences and becomes a habitual truant:

(1) a school may provide to the school-age person's parent a notice of noncompliance with the Compulsory School Attendance Law containing:

(a) the name, date of birth and address of the school-age person;

(b) a statement that the school-age person is in noncompliance with the Compulsory School Attendance Law due to habitual truancy and the number and dates of unexcused absences; and

(c) notice of the opportunity to request a meeting with the principal or head administrator within two weeks to: 1) commit to returning to school and complying with the Compulsory School Attendance Law; 2) contest the occurrences and number of unexcused absences; or 3) provide evidence that the school-age person is no longer subject to the Compulsory School Attendance Law;

(4) following the suspension or denial of an instruction permit, driver's license or provisional license, the school-age person may:

(b) appeal the school district's or state-chartered charter school's determination by requesting a hearing and final decision from the department pursuant to its rules; and

(c) appeal the department's final decision to the district court for the county in which the student resides pursuant to Section 39-3-1.1 NMSA 1978."

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. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] AUTHORITY OF DIVISION TO SUSPEND LICENSE OF SCHOOL-AGE PERSON.--

A. The division is authorized:

(1) upon receipt of a certification of noncompliance with the Compulsory School Attendance Law from a school district, a state-chartered charter school or the public education department, to suspend or deny the granting of an instruction permit, driver's license or provisional license of a school-age person without a preliminary hearing; and

(2) upon receipt of a certification that the school-age person is in compliance with or is no longer subject to the Compulsory School Attendance Law from a school district, a state-chartered charter school or the public education department:

(a) reinstate a suspended instruction permit, driver's license or provisional license of a school-age person; or

(b) grant an instruction permit, driver's license or provisional license to a school-age person who was denied an instruction permit, driver's license or provisional license in accordance with this section.

B. The division may adopt and promulgate rules to implement the provisions of this section."

- 16 -