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

RELATING TO PUBLIC SCHOOLS; AMENDING OPEN ENROLLMENT PROVISIONS TO PREVENT LOCAL SCHOOL BOARDS AND ADMINISTRATORS FROM AVOIDING THE REQUIREMENTS OF THE LAW.

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

Section 1. Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended) is amended to read:

"22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND ENROLLING--OPEN ENROLLMENT.--

A. Except as provided by Section 24-5-2 NMSA 1978, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent.

B. A free public school education in those courses already offered to persons pursuant to provisions of Subsection A of this section shall be available to any person who is a resident of this state and has received a high school diploma or its equivalent if there is available space in such courses.

C. Any person entitled to a free public school education pursuant to provisions of this section may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Compulsory School Attendance Law, may withdraw from a public school at any time.

D. In adopting and promulgating [regulations] rules concerning the enrollment of students transferring from a home school or private school to the public schools, the local school board shall provide that the grade level at which the transferring student is placed is appropriate to the age of the student or to the student's score on a student achievement test administered according to the statewide and local school district testing programs as determined by the state superintendent or both.

E. No later than July 15, 1999, a local school board shall adopt and promulgate [regulations] rules governing enrollment and re-enrollment at schools within the district. These [regulations] rules shall include:

(1) definition of the district boundary and the boundaries of attendance areas for each school;

[(2) for each school, definition of the boundaries of areas outside the district boundary or within the district but outside the school's attendance area, and within a distance of the school that would not be served by a school bus route as determined pursuant to Section 22-16-4 NMSA 1978 if enrolled, which areas shall be designated as "walk zones";

(3)] (2) priorities for enrollment of students as follows:

(a) first, persons residing within the district and within the attendance area of a school;

(b) second, persons who [previously] attended the school in the immediately preceding school year; [and]

(c) third, children of teachers teaching in the school to which the child applies; and

[(c) third] (d) fourth, all other applicants; and

[(4)] (3) establishment of maximum allowable class size if smaller than that permitted by law and ratification and description of the maximum class size in the charter of all charter schools within the district.

F. As long as the maximum allowable class size established by law, by [regulation] rule of a local school board or in the charter of a charter school, whichever is lower, is not met or exceeded in a school by enrollment of first-priority persons, the school shall enroll other persons applying in the order of the priorities stated in the district [regulations] rules adopted pursuant to Subsection E of this section. If the maximum would be exceeded by enrollment of an applicant in the second or third priority, the school shall establish a waiting list.

G. As soon as a reasonably accurate estimate of student attendance for an ensuing school year is made, a school district shall hold a public meeting after adequate public notice to:

(1) inform parents and others of the provisions of the district's rules adopted pursuant to this section; and

(2) disclose how, when and where a determination of students to be admitted or placed on a waiting list will be made.

H. As classroom space becomes available, persons highest on the waiting list within the highest priority on the list shall be notified and given the opportunity to enroll.

I. Determinations made pursuant to Paragraph (2) of Subsection G of this section shall be made in a public meeting and the determinations shall be open to public inspection. Applicants are entitled to have their priorities for enrollment in a school be based solely on the eligibility stated in Paragraph (1) and Subparagraphs (a) and (c) of Paragraph (2) of Subsection E of this section. A local school board shall not provide for other factors to be considered in establishing applicant priorities and shall not delegate that discretion to school administrators."