SB 272 — MILITARY FAMILY EARLY SCHOOL ENROLLMENT

SENATEAN BILLACT 272RELATING 55THTO LEGISLATUREPUBLIC -SCHOOLS; STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Harold Pope, Jr.

ThisREQUIRING documentSCHOOL mayDISTRICTS incorporateAND amendmentsCHARTER proposedSCHOOLS byTO aALLOW committee,MILITARY butFAMILIES notTO yetENROLL adopted,SCHOOL-AGE asCHILDREN wellPRIOR asTO amendmentsTHEIR thatPHYSICAL havePRESENCE beenIN adoptedTHE duringSTATE. the current legislative session.

The7 documentBE isIT aENACTED toolBY toTHE showLEGISLATURE amendmentsOF inTHE contextSTATE andOF cannotNEW beMEXICO: used for the purpose of adding amendments to legislation.

hSECTION AN1. ACT g o RELATING TO PUBLIC SCHOOLS;

REQUIRINGSection SCHOOL22-1-4 DISTRICTSNMSA AND1978 t(being hrLaws g1975, eChapter i338, kSection CHARTER1, SCHOOLSas TOamended) ALLOWis MILITARYamended FAMILIESto TOread: ENROLL SCHOOL-AGE h r i s CHILDREN PRIOR TO THEIR PHYSICAL PRESENCE IN THE STATE.

h"22-1-4. , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

nFREE dPUBLIC dSCHOOLS--EXCEPTIONS--WITHDRAWING iAND =ENROLLING--OPEN =ENROLLMENT.-- oA. h SECTION 1.

Except as provided by Section 22-1-424-5-2 NMSA 19781978, (beingand Lawsexcept 1975,as lprovided ]in bSubsection ,dH iof this section, a ºfree epublic Chapterschool 338,education Sectionshall 1,be asavailable amended)to any school-age person who is amendeda toresident read:of this state and has not received a high school diploma or its equivalent.

r i = r t e w d m a n o "22-1-4.

FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND d m :

b e d s º o t n = .218980.1AIC February 19, 2021 (10:15am) s k m e e a n e d r e l u [ A d ENROLLING--OPEN ENROLLMENT.-- A.

Except as provided by Section 24-5-2 NMSA 1978, and except as provided in Subsection H of this section , 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.

[Any ] A person entitled to a free public school education pursuant to the provisions of this section may enroll or re-enroll in a public school at any time and, SB 272 Page 1 unless required to attend school pursuant to the [Compulsory School h Attendance Law] Attendance for Success Act, may withdraw from a u » r public school at any time.

t h g e l i D.

In adopting and promulgating rules concerning h r i s the enrollment of students transferring from a home school or h , e h private school to the public schools, the local school board t u g e b l e e , gh shall provide that the grade level at which the transferring n d d i = = o h student is placed is appropriate to the age of the student or l ] b ,d i a º r to the student's score on a student achievement test e r = t e w d m a n o administered according to the statewide assessment and daccountability msystem. :

b r e t º o t n = .218980.1AIC February 19, 2021 (10:15am) s k m e - 2 - e a n e d r e l u [ A d accountability system.

SB 272 Page 2 (3) priorities for enrollment of students as follows:

h (a) first, students residing within the u » r school district, or who will be residing within the school t h g e l i district if the student is a child in a military family who h r i s will be attending public school in the school district during h , e h the upcoming school year as provided in Subsection H of this t u g e b l e e , gh section, and within the attendance area of a public school and n d d i = = o h students who had resided in the attendance area prior to a l ] b ,d i a º r parent who is an active duty member of the armed forces of the eUnited rStates =or tmember eof wthe dnational mguard abeing ndeployed oand Unitedwhose Statesdeployment orhas memberrequired of the nationalstudent guardto beingrelocate deployedoutside dthe mattendance :area for custodial care;

b(b) rsecond, estudents twho ºpreviously oattended t n = .218980.1AIC February 19, 2021 (10:15am) s k m e - 3 - e a n e d r e l u [ A d and whose deployment has required the studentpublic toschool; relocate outside the attendance area for custodial care;

(b)and second,(c) studentsthird, [enrolledall inother aapplicants; school rated as "F" for two of the prior four years pursuant to the A-B-C-D-F Schools Rating Act;

(c) third students] who previously attended the public school;

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

Grounds for denial of enrollment or re-re-enrollment enrollment shall be limited to:

h (a) a student's expulsion from any g o t hr school district or private school in this state or any other gSB e272 iPage k3 state during the preceding twelve months;

or h r i s (b) a student's behavior in another h , t, school district or private school in this state or any other e u g e b l e e h state during the preceding twelve months that is detrimental to n d d i = = o h the welfare or safety of other students or school employees.

l ] b ,d i a º e F.

In adopting and promulgating rules governing renrollment iand =re-enrollment rat tpublic eschools wother dthan mcharter schools within the school district, a nlocal oschool board may establish additional enrollment preferences for rules admitting students in accordance with the second and re-enrollmentthird atpriorities publicof schoolsenrollment otherset thanforth din mSubparagraphs :(b) and (c) of Paragraph (3) of Subsection E of this section.

b e d s º o t n = .218980.1AIC February 19, 2021 (10:15am) s k m e - 4 - e a n e d r e l u [ A d charter schools within the school district, a local school board may establish additional enrollment preferences for rules admitting students in accordance with the second and third [and fourth] priorities of enrollment set forth in Subparagraphs (b) and (c) [and (d)] of Paragraph (3) of Subsection E of this section.

h G.

As long as the maximum allowable class size gSB o272 tPage hr4 established by law or by rule of a local school board, g e i k whichever is lower, is not met or exceeded in a public school h r i s by enrollment of first- and second-priority persons, the public h , t, school shall enroll other persons applying in the priorities e u g e b l e e h stated in the school district rules adopted pursuant to n d d i = = o h Subsections E and F of this section.

If the maximum would be l ] b ,d i a º e exceeded by enrollment of an applicant in the second [through r i = r t e w d m a n o fourth priority] and third priorities, the public school shall destablish ma :waiting list.

b e d s º o t n = .218980.1AIC February 19, 2021 (10:15am) s k m e - 5 - e a n e d r e l u [ A d establish a waiting list.

The school district or charter school shall provide the applicant with materials regarding h academic courses, electives, sports andSB other272 relevantPage g5 oand tother hrrelevant information regarding the public school in which the student g e i k wants to be enrolled.

The public school shall preregister the h r i s student in anticipation of the student's enrollment.

A h , t, student's parent:

e u g e b l e e h (1) shall provide proof of residence in the n d d i = = o h school district within SECºten»SECforty-five SECºforty-five»SEC days l ] b ,d i a º e after the published arrival date provided on official military r i = r t e w d m a n o documentation;

and d(2) mmay :use any of the following addresses related to the family's military move:

b e d s º o t n = .218980.1AIC February 19, 2021 (10:15am) s k m e - 6 - e a n e d r e l u [ A d (2) may use any of the following addresses related to the family's military move:

-SB 7272 -Page h6 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .218980.1AIC February 19, 2021 (10:15am) s k m e e a n e d r e l u [ A d