SENATE BILL 233
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO PUBLIC EDUCATION; ENACTING THE STUDENT BILL OF RIGHTS.
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 BILL OF RIGHTS.--
A. Public school students have the right to a learning environment in which discrimination in all forms, including discrimination due to disability, sexual orientation, gender, race, ethnicity, age or class, is not tolerated by the school district or public school administration; school security personnel, school police or school resource officers; or students.
B. Students have the right to an environment in which students and school personnel are encouraged and given the means to participate in anti-racism, cultural sensitivity and tolerance training that promotes principles of equity, engages students in a culturally sensitive manner and supports a multicultural, multilingual and culturally relevant curriculum that includes access to bilingual education and ethnic studies.
C. Students and their families have the right to feel safe and comfortable in their school environments. In furtherance of that right:
(1) public schools shall provide access to translation and interpretation for students and their families in educational settings;
(2) students shall have access to the gender-assigned bathrooms they feel most comfortable using and access to those bathrooms when needed shall not be denied; and
(3) students shall be addressed by the gender pronouns and name that is self-indicated in educational settings.
D. Students have the right to have their teachers and other school personnel follow special plans that affect their educational settings, such as individualized educational plans, Section 504 plans pursuant to the federal Rehabilitation Act of 1973 or other accommodations as directed by the school assistance team or implemented pursuant to a doctor's orders.
E. Students have the right to extracurricular and after-school programs and the means and support to access those programs and the right to request the formation of new clubs that fit their interests, because these programs and activities are important mechanisms through which students prepare for life after high school, including improving their ability to access higher education and otherwise develop their minds, talents and perspectives.
F. Students have the right to information, resources and support to prepare them for life after high school, including the encouragement to pursue higher education and to not be discouraged from pursuing higher education based on any discriminatory factors. Students who choose to pursue college shall have access to college readiness counselors to assist them in their transition into higher education, and students who choose vocational education or to enter the workforce shall have access to vocational counselors to assist them in their transition to further vocational education or the workforce, including information, training and job placement assistance, to make that transition.
G. Students have the right to equitable school and classroom environments, in which:
(1) classroom sizes are small;
(2) buildings, technology and materials are current and in good condition;
(3) creative approaches to teaching are encouraged;
(4) respect and open communication among parents, teachers, community organizations and students are encouraged;
(5) building strong intergenerational relationships is valued; and
(6) public schools are fully funded in order to achieve these goals.
H. Students have the right to affordable, nutritious and culturally appropriate food in the school environment, because proper nutrition is essential to the development of physical, emotional and intellectual well-being.
I. Students have the right to bilingual education and bilingual after-school programs and to integrated multilingual classrooms and public schools that encourage students to speak their home languages while in school so that they may become fluent speakers and thinkers in the languages important to their development as fully rounded human beings who are able to excel in their cultural, familial and economic environments.
J. Students have the right to a learning environment that is free of cruel and unusual punishment, including:
(1) the use of excessive force by school security personnel, school police, school resource officers or other law enforcement officers;
(2) freedom from over-policing in school;
(3) freedom of speech and of the press; and
(4) the right to petition and peacefully assemble with the purpose of improving the school, classroom and learning environments.
K. Students have the right to:
(1) due process and to be considered innocent until proven guilty;
(2) transparency within the discipline process; and
(3) freedom from searches of personal property by school security, school police, school resource officers or other school personnel without reasonable cause and to have their parents notified if such searches do occur.
L. Students have the right to public schools that:
(1) seek alternatives to a police presence, whether by school security, school resources or other law enforcement officers;
(2) are free of immigration enforcement;
(3) are free from the criminalization of youth; and
(4) seek alternatives to suspension and expulsion policies and in which students are given a clean slate each year in alignment with restorative justice practices.
M. Students have the right to access gang and violence prevention, peer-based mediation and intervention programs on campus.
N. Students have the right and the opportunity to organize themselves and be represented by their peers in important school decision-making processes.
O. Students have the right to:
(1) self-representation in school district or charter school meetings, whether through a committee or a self-started group, without being tokenized or dismissed due to their youth; and
(2) notification of school district or charter school and school personnel meeting times and places and to organize collectively when issues arise that affect students and their families.
P. Students have the right to adequate access to and are encouraged to use mental health services in educational settings, including access to social workers, therapists and school counselors, and to be given resources to other mental health support services outside of the school when needed.
Q. Students have the right to engage in conversations with school personnel about aspects of their learning experience and to understand how the school budget works and is allocated.
R. In times of emergencies, such as an epidemic or pandemic, natural disaster, national security threat or other unforeseen event, students shall be given the means to participate in public school in the way it is deemed necessary by the state and the school district that ensures the physical safety of students. Students shall have the access and means they need to participate in education, including quality access to internet and technology for online learning. Students shall not be graded, failed or penalized for lack of participation during these times. The public school shall maintain quality access to necessary services normally provided by the school, including mental health services, nutritional services and college or career readiness support.
S. In furtherance of the rights provided for in this section, public schools are encouraged to:
(1) become sanctuary schools and ensure the safety of undocumented communities; and
(2) seek out restorative justice or alternative practices instead of punitive punishments carried out by security, school resource officers and other school personnel.
T. Students have the right to access a copy of the school district's or charter school's student bill of rights and to seek public school- or school-district-specific changes to those rights when such changes will improve the learning environment."
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