0001|                            HOUSE BILL 890
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          R. DAVID PEDERSON
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PUBLIC EDUCATION; PROVIDING FOR TEACHER-PARENT
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0012|     COMMITTEES FOR REMOVAL OF STUDENTS FOR NONATTENDANCE OR
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0013|     DISRUPTIVE BEHAVIOR; ENACTING A NEW SECTION OF THE PUBLIC
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0014|     SCHOOL CODE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Public School Code is
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0018|     enacted to read:
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0019|          "[<u>NEW MATERIAL</u>]  DISRUPTIVE BEHAVIOR IN CLASSROOM--
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0020|     ABSENCES--STUDENT REMOVAL BY TEACHER-PARENT DISCIPLINARY
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0021|     COMMITTEES.--
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0022|               A.  A public school teacher may remove a student
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0023|     from the teacher's classroom for uncooperative, disruptive or
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0024|     dangerous behavior or after ten cumulative days of absence from
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0025|     the teacher's classroom that are unexcused under the local
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0001|     school board's attendance policy.  The teacher's decision shall
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0002|     be subject to review pursuant to Subsection E of this section.
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0003|                B.  The teacher shall inform the principal or his
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0004|     designee of the student's removal from the classroom, and the
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0005|     principal or his designee shall notify the student's parent or
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0006|     guardian of the student's removal from the classroom.  Upon
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0007|     removal from the classroom, the student shall be placed in a
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0008|     school detention center until the student's parent or guardian
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0009|     picks up the student, or to such other place or placement
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0010|     alternative that the local school board designates.  If the
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0011|     parent or guardian does not pick up the student, the district
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0012|     shall contact the appropriate law enforcement, county health or
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0013|     social service agency.
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0014|               C.  A student who has been removed from class due to
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0015|     uncooperative, disruptive or dangerous behavior shall not
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0016|     return to class until the parent or guardian has attended a
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0017|     conference with the teacher and the teacher has given his
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0018|     written consent to having the student return.
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0019|               D.  A teacher shall not be required to provide make-
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0020|     up exams or to participate in private conferences or one-on-one
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0021|     activities in order to assist the student to make up school
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0022|     work missed due to being removed or suspended from the
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0023|     classroom pursuant to this section or pursuant to any other
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0024|     disciplinary action.  A student may secure tutoring to make up
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0025|     such school work.
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0001|               E.  Each public school shall establish a student
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0002|     disciplinary committee and a teacher-parent disciplinary
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0003|     committee appointed by the school principal.  Students removed  
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0004|     from class may appeal their removal to the student disciplinary
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0005|     committee, which shall hold a hearing and reach a decision
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0006|     within forty-eight hours of appeal.  The committee may uphold, 
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0007|     overturn or modify the removal.  The decision of the committee
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0008|     may be appealed to the superintendent of the school district,
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0009|     who shall render his decision within seven days of receiving
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0010|     the appeal.  The decision of the superintendent may be appealed
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0011|     to the local board of education, whose decision shall be final. 
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0012|     The hearing and appeals shall be conducted informally with an
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0013|     audiotape record of the initial teacher-parent disciplinary
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0014|     hearing.  The student shall have the right to notice of the
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0015|     reasons for removal, the right to appear at the initial hearing
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0016|     along with his parent or guardian and legal counsel at his own
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0017|     expense.  The student shall have the right to present his own
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0018|     information and any documentary information supporting
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0019|     nonremoval; the right to reasonable notice of the date, time
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0020|     and place of the initial hearing and all appeals; and the right
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0021|     to an unbiased and fair hearing committee.
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0022|               F.  All appeals shall recognize concepts of
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0023|     fundamental fairness, ensuring due process rights and equal
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0024|     application of the removal procedure, taking into account the
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0025|     circumstances of the incident giving rise to removal, the
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0001|     student's background and individual characteristics and
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0002|     disciplinary history.
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0003|               G.  A student who has been removed from the
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0004|     classroom in accordance with this section may be subject to
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0005|     removal for a period of time up to and including the entire
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0006|     balance of a school year."
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0007|                                - 4 - 
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