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

RELATING TO EDUCATION; ENACTING THE INDIVIDUAL SERVICES MODEL ACT TO AID STUDENTS AT RISK OF DROPPING OUT OF SCHOOL; MAKING AN APPROPRIATION.

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] SHORT TITLE.--This act may be cited as the "Individual Services Model Act"."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] FINDINGS.--The legislature finds that:

A. young people with poor educational background and social difficulties require special support if they are to acquire recognized vocational qualifications;

B. students at risk of dropping out require remedial education and support for resolving problems and conflicts rooted in the student's social environment and in personality development;

C. the dropout rate crosses income lines, transcends language ability and persists across all ethnic groups;

D. it is necessary to initiate local demonstration projects that:

(1) focus on individual students;

(2) counsel at-risk students and their families;

(3) provide for language interpretation as necessary;

(4) schedule conferences around parents' jobs; and

(5) employ professionals who are able to coordinate local resources and provide students with appropriate vocational guidance;

E. demonstration projects should be student centered, designed so that the unique needs and characteristics of the student are considered;

F. demonstration projects should offer guidance and support services as appropriate to help students access education services as well as health and social services as may be locally available; and

G. demonstration projects should include:

(1) parents;

(2) post-secondary schools;

(3) various social service providers;

(4) business and industry;

(5) labor organizations; and

(6) other entities offering resources and techniques not entirely dependent upon the school."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Individual Services Model Act:

A. "at risk of dropping out of school" means a student who:

(1) is unable to master his current grade level;

(2) is at least two years below his grade level in reading or math;

(3) is failing two or more courses;

(4) is failing one or more sections of the most recent academic skills exam;

(5) is pregnant or a parent;

(6) has poor attendance or failing grades;

(7) has drug or alcohol abuse problems;

(8) is homeless; or

(9) is limited in the ability to speak, read and write in English; and

B. "support service" means:

(1) services for abused or neglected students;

(2) behavioral therapy;

(3) depression or suicide prevention services;

(4) educational diagnostic services;

(5) family counseling and therapy;

(6) prevention, intervention and treatment services for human immunodeficiency virus, acquired immune deficiency syndrome and sexually transmitted diseases;

(7) intentional and unintentional injury risk reduction services;

(8) job coaching services;

(9) language tutoring and interpreter services;

(10) mental health assessment;

(11) mentoring;

(12) nutrition problem services;

(13) physical health assessment;

(14) pregnancy prevention, intervention and treatment services;

(15) psychological evaluation services;

(16) psychological counseling;

(17) substance abuse prevention, intervention and treatment services;

(18) tutoring; and

(19) vocational evaluation services."

Section 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] EDUCATIONAL SERVICES--DROPOUT STUDENTS--PILOT PROJECTS.--

A. The department of education shall operate demonstration projects in selected areas throughout the state to provide support services to students at risk of dropping out of school.

B. Demonstration projects shall run until December 31, 2002.

C. The department of education shall enter into joint powers agreements with governmental entities as necessary and contract with private nonprofit corporations, school districts or charter schools to provide support services for students at risk of dropping out of school. The governmental entities and contractors shall recruit students at risk of dropping out of school and provide them support services.

D. The governmental entities may hire employees who are not certified pursuant to the School Personnel Act to work with students at risk of dropping out of school.

E. Students at risk of dropping out of school shall be held to the graduation requirements pursuant to Section 22-2-8.4 NMSA 1978 unless waived by the state superintendent.

F. Contracting entities shall be evaluated by criteria that include academic achievement, retention, student attendance and the number of students who pass the New Mexico high school competency exam.

G. Contracting entities shall maintain data measuring individual behavior, including drug abuse and pregnancy, among students at risk of dropping out from school.

H. Contracting entities shall provide or obtain services, including transportation, emergency medical services, security and support services, to address specific needs of students at risk of dropping out of school.

I. Contracting entities shall establish for each participating student an individual plan for student success, outlining individualized objectives and services needed.

J. The department of education shall request funding for the Individual Services Model Act in its agency budget request."

Section 5. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] AUTHORIZING WAIVERS.--The state superintendent may waive provisions of the Public School Code based on individual requests submitted for individual students participating in the Individual Services Model Act program. Requests for a waiver must document why it is in the best interest of the student while maintaining standards of accountability comparable to those established in the Public School Code."

Section 6. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal years 2000 through 2002 for the purpose of funding the provisions of the Individual Services Model Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.