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

RELATING TO PUBLIC ASSISTANCE; CREATING AN EDUCATION REQUIREMENT FOR NEW MEXICO WORKS ACT PARTICIPANTS; PENALIZING BENEFIT GROUPS WHOSE SCHOOL-AGE MEMBERS HAVE A CERTAIN NUMBER OF UNEXCUSED ABSENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the New Mexico Works Act is enacted to read:

"[NEW MATERIAL] MANDATORY SCHOOL ATTENDANCE.--

A. If a school-age member of a benefit group has five or more unexcused absences in a grading period, that benefit group shall be subject to the following sanctions:

(1) twenty-five percent reduction of cash assistance for the first incidence of five or more unexcused absences in a grading period;

(2) fifty percent reduction of cash assistance for the second incidence of five or more unexcused absences in the succeeding grading period; and

(3) termination of cash assistance for the third incidence of five or more unexcused absences in the succeeding grading period.

B. A benefit group whose cash assistance has been terminated may reapply for assistance only after the school- age member of the benefit group has completed a grading period with four or fewer unexcused absences. Upon approval of the application, the benefit group shall be eligible to receive:

(1) fifty percent of the amount of cash assistance it was receiving prior to the imposition of the first sanction after the school-age member of the benefit group completes a grading period following the termination of benefits with four or fewer unexcused absences;

(2) seventy-five percent of the amount of cash assistance it was receiving prior to the imposition of the first sanction after the school-age member of the benefit group completes the first grading period following the reinstatement of benefits with four or fewer unexcused absences; and

(3) full reinstatement of benefits after the school-age member of the benefit group completes the second grading period following the reinstatement of benefits with four or fewer unexcused absences.

C. The parent or legal guardian of each school-age member of a benefit group shall deliver a copy of a certified attendance report that indicates whether a child's absences are excused or unexcused to the local income support division office within five days of its issuance or be subject to sanctions pursuant to Subsection A of this section.

D. Upon the request of a parent or legal guardian, a public school shall provide a certified attendance report that indicates the number of unexcused absences an enrolled student in that public school accumulates each grading period.

E. For the purposes of this section:

(1) "school-age member" means any dependent child who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent; and

(2) "unexcused absence" means any absence that a school district considers unexcused, including suspension or expulsion."

Section 2. Section 27-2B-11 NMSA 1978 (being Laws 1998, Chapter 8, Section 11 and Laws 1998, Chapter 9, Section 11) is amended to read:

"27-2B-11. INELIGIBILITY.--

A. The following are ineligible to be members of a benefit group:

(1) an inmate or patient of a nonmedical institution;

(2) a person who, in the two years preceding application, assigned or transferred real property unless he:

(a) received or receives a reasonable return;

(b) attempted to or attempts to receive a reasonable return; or

(c) attempted to or attempts to regain title to the real property;

(3) a minor unmarried parent who has not successfully completed a high school education and who has a child at least twelve weeks of age in his care unless the minor unmarried parent:

(a) participates in educational activities directed toward the attainment of a high school diploma or its equivalent; or

(b) participates in an alternative educational or training program that has been approved by the department;

(4) a minor unmarried parent who is not residing in a place of residence maintained by his parent, legal guardian or other adult relative unless the department:

(a) refers or locates the minor unmarried parent to a second-chance home, maternity home or other appropriate adult-supervised supportive living arrangement, taking into account the needs and concerns of the minor unmarried parent;

(b) determines that the minor unmarried parent has no parent, legal guardian or other appropriate adult relative who is living or whose whereabouts are known;

(c) determines that a minor unmarried parent is not allowed to live in the home of a living parent, legal guardian or other appropriate adult relative;

(d) determines that the minor unmarried parent is or has been subjected to serious physical or emotional harm, sexual abuse or exploitation in the home of the parent, legal guardian or other appropriate adult relative;

(e) finds that substantial evidence exists of an act or a failure to act that presents an imminent or serious harm to the minor unmarried parent and the child of the minor unmarried parent if they live in the same residence with the parent, legal guardian or other appropriate adult relative; or

(f) determines that it is in the best interest of the unmarried minor parent to waive this requirement;

(5) a minor child who has been absent or is expected to be absent from the home for forty-five days;

(6) a person who does not provide a social security number or who refuses to apply for one;

(7) a person who is not a resident of New Mexico;

(8) a person who fraudulently misrepresented residency to receive assistance in two or more states simultaneously except that such person shall be ineligible only for ten years;

(9) for five years following the date of release from any federal or state prison or county jail or following the date of completion of the terms of probation, a person convicted of a drug-related felony on or after August 22, 1996; however, the cash assistance of the other members of his assistance group shall be reduced only by the amount to which he otherwise would be entitled;

(10) a person who is a fleeing felon or a probation and parole violator;

(11) a person concurrently receiving supplemental security income, tribal temporary assistance for needy families, bureau of Indian affairs general assistance or adoption subsidies; [and]

(12) unless he demonstrates good cause, a parent who does not assist the department in establishing paternity or obtaining child support or who does not assign support rights to New Mexico as required pursuant to the federal act;

(13) a person between sixteen and sixty-one years of age with access to child-care services who does not have either a high school diploma or its equivalent and who does not participate in educational activities directed toward the attainment of a high school diploma or its equivalent;

(14) a person sixty-two years of age or older who has not received cash benefits or services prior to June 18, 1999 and who has access to child-care services and does not have a high school diploma or its equivalent and who does not participate in educational activities directed toward the attainment of a high school diploma or its equivalent; and

(15) a person who is participating in educational activities directed toward the attainment of a high school diploma or its equivalent and who does not complete his course of study within one year of its initiation.

B. At the time of application, a participant shall state in writing whether he or another member of the benefit group has been convicted on or after August 22, 1996 of a drug-related felony.

C. A person convicted of a drug-related felony may be eligible to receive services if the department in consultation with the corrections department determines that services would enhance his rehabilitation and employment success.

D. For the purposes of this section, "second-chance home" means an entity that provides a supportive and supervised living arrangement to a minor unmarried parent where the minor unmarried parent is required to learn parenting skills, including child development, family budgeting, health and nutrition and other skills to promote long-term economic independence and the well-being of children."

Section 3. REPEAL.--Section 27-2B-9 NMSA 1978 (being Laws 1998, Chapter 8, Section 9 and Laws 1998, Chapter 9, Section 9) is repealed.