SENATE BILL 47

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Craig W. Brandt

AN ACT

RELATING TO PUBLIC EDUCATION; PROHIBITING CERTAIN FEES; ALLOWING CERTAIN FEES.

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] CERTAIN FEES PROHIBITED.--

          A. A school, local school board or governing body of a charter school shall not charge fees to a student for:

                (1) participation in any course or program conducted during the school day that:

                     (a) allows the student to earn a credit;

                     (b) is subject to the standardized statewide grading system;

                     (c) is pursuant to an interim next-step plan, next-step plan, final next-step plan or individualized education plan;

                     (d) is necessary for enrollment, grade promotion or graduation;

                     (e) constitutes fine arts education; or                     (f) constitutes physical education;

                (2) participation in any school-sanctioned activity conducted during the school day;

                (3) instruction, educational assistance, special education or intervention rendered during the school day;

                (4) instructional materials for facilitating learning, unless the instructional materials are replacement instructional materials necessitated by the student's loss or damage;

                (5) school library materials, unless the school library materials are replacement school library materials necessitated by the student's loss or damage;

                (6) materials, supplies or equipment needed for a student to participate in any course or program conducted during the school day, unless the materials, supplies or equipment are replacement materials, supplies or equipment necessitated by the student's loss or damage; or

                (7) any item or service needed for a student to attend or be enrolled in the school or be registered in the school, school district or charter school. A school, local school board or governing body of a charter school may charge a student for a replacement item necessitated by the student's loss or damage.

          B. A school, local school board or governing body of a charter school may charge fees to a student for:

                (1) parking;

                (2) attendance at an event conducted before or after the school day or not on school grounds; or

                (3) anything not prohibited in Subsection A of this section.  

          C. Before a fee permitted in Subsection B of this section and not prohibited in Subsection A of this section may be charged to a student by a school, the fee shall be enacted by a local school board or governing body of a charter school at a public meeting, for which thirty days' notice was posted, and ratified by the department."

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