0001| SENATE BILL 112 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| ROD ADAIR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CHILDREN; CREATING A JUVENILE EDUCATION ASSISTANCE | 0012| PROGRAM; PROVIDING FINANCIAL ASSISTANCE FOR THE EDUCATION OF | 0013| CERTAIN CHILDREN; TRANSFERRING FUNDS; MAKING AN | 0014| APPROPRIATION. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Children's Code is | 0018| enacted to read: | 0019| "[|NEW MATERIAL|] JUVENILE EDUCATION ASSISTANCE PROGRAM-- | 0020| SCHOLARSHIP NOTES--ELIGIBILITY CRITERIA.-- | 0021| A. The "juvenile education assistance program" is | 0022| created in the department. The program shall provide | 0023| alternative education and financial assistance for up to two | 0024| thousand children a year who: | 0025| (1) have failed in public school; | - 1 - 0001| (2) are at risk of failing in public school; | 0002| (3) have dropped out of public school; or | 0003| (4) are at risk of dropping out of public | 0004| school. | 0005| B. A child is eligible to receive financial | 0006| assistance for education from the juvenile education | 0007| assistance program if the child meets the following criteria: | 0008| (1) the child qualifies by reason of one or | 0009| more provisions of Paragraphs (1) through (4) of Subsection A | 0010| of this section due to factors including abuse or neglect, | 0011| delinquency, chronic truancy, learning disabilities, substance | 0012| abuse or emotional disorders; | 0013| (2) the child's parent or guardian applies | 0014| for program assistance; | 0015| (3) the child's parent or guardian provides a | 0016| written letter of commitment to use the financial assistance | 0017| to further the child's education in an accredited setting; and | 0018| (4) the child's parent or guardian provides a | 0019| written letter of recommendation from a judge, a chief | 0020| juvenile probation officer or the principal of the child's | 0021| current or former school that states that a different | 0022| educational environment will improve the child's prospects for | 0023| achieving success in school. | 0024| C. Financial assistance shall be provided in the | 0025| form of "scholarship notes". Each scholarship note is equal | - 2 - 0001| to the amount of money that would be paid to the public school | 0002| the student would have attended. The scholarship note shall | 0003| be calculated in accordance with Sections 22-8-1 through | 0004| 22-8-25 NMSA 1978 and prorated for the number of months | 0005| remaining in the school year. | 0006| D. The child's parent or guardian is required to | 0007| use the scholarship note to help pay the cost of enrolling the | 0008| child in another public school or in a state-accredited | 0009| private school accredited by an accrediting body approved by | 0010| the state department of public education. | 0011| E. The school that has received a scholarship note | 0012| may present it for redemption to the department. The | 0013| scholarship note shall be accompanied by an affidavit | 0014| attesting to the child's enrollment in the school and | 0015| certification of the tuition and fees charged for attending | 0016| the school if it is a private school. In no case shall the | 0017| amount paid a private school exceed the normal tuition and | 0018| fees charged for a nonscholarship student at the school. | 0019| F. The state department of public education shall | 0020| transfer money annually to the department in an amount equal | 0021| to redeemed scholarship notes received by the department. | 0022| G. The department shall adopt and promulgate rules | 0023| to carry out the provisions of this section. | 0024| H. The department shall bear the cost of | 0025| administering the juvenile education assistance program." | - 3 - 0001| Section 2. EFFECTIVE DATE.--The effective date of the | 0002| provisions of this act is July 1, 1998. | 0003|  |