44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC SCHOOLS; PROVIDING FOR MINIMUM SAFETY STANDARDS IN PUBLIC SCHOOL ATHLETIC PROGRAMS; DECLARING AN EMERGENCY.

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] DUTIES OF BOARD--ADOPTION OF MANDATORY MINIMUM SAFETY STANDARDS FOR SCHOOL ATHLETIC PROGRAMS.--

A. As used in this section:

(1) "athletic activity" means any physical activity, whether part of a physical education program, intramural sports program, extracurricular sports program or cheerleading, that involves an exposure to catastrophic injury for the participant; and

(2) "catastrophic injury" means a severe injury incurred during participation in a public school sponsored activity.

B. The state board shall adopt by rule mandatory minimum safety standards for public school athletic programs and shall include at least the following provisions:

(1) standards shall apply to all athletic activities in which students are required or permitted to participate by official policy of a local school board;

(2) standards shall be adopted by a local school board and must apply to each school in a school district as a condition of having extracurricular athletic activities included as part of a school program in a school district governed by the board;

(3) standards shall apply to athletic activities, whether occurring in competition or practice;

(4) standards shall include a uniform parental consent to be executed before a student may engage in athletic activities and that consent shall inform the parent about the risks of injury involved in the activity and supply relevant statistics regarding the type and incidence of injury for the activity;

(5) standards may incorporate by reference suggested or adopted safety standards or rules of an existing national organization such as the national federation of state high school associations; and

(6) standards shall include requirements for reporting all catastrophic injuries incurred in athletic activities to the national center for catastrophic sports injury research."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.