SENATE BILL 441

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO PUBLIC SCHOOLS; CREATING A DUTY TO REPORT; CREATING DUTIES FOR THE PUBLIC EDUCATION DEPARTMENT.

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] SCHOOL SECURITY--SCHOOL DISTRICT DUTY TO REPORT.--

          A. A public school employee who receives or has knowledge of a threat made by a student to commit an act of violence on school property or at a school-sponsored event shall immediately call local law enforcement and report the threat. After reporting the threat to local law enforcement, the school employee shall report the threat to the local superintendent or head administrator. The head administrator of a charter school shall also report to the local superintendent in the school district in which the charter school is geographically located of a possible threat to the charter school. The local superintendent shall then report the threat immediately to the department.

          B. The department shall create a report of every threat made. The report shall include:

                (1) the name of the student;

                (2) the date and location of where the threat was made;

                (3) the details of the threat;

                (4) who the reporting school employee was and how the employee came to learn of the threat; and

                (5) a copy of the local law enforcement agency incident report.

          C. The department shall retain the reports for five years after the date of the report. Reports created by the department, school district or school pursuant to this section shall be treated as confidential and shall not be subject to the Inspection of Public Records Act.

          D. If the student transfers to a new public school within the state, the department shall provide the new school with a copy of the report of the student's history of threatening school violence."

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