SB 80 — NO SCHOOL DISCRIMINATION FOR HAIR

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 80 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 4 6 8 10 AN ACT RELATING TO RACE;

e8 t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

w l n d 18 SECTION 1.

Section 22-5-4.3 NMSA 1978 (being Laws 1986, = = 19 a l Chapter 33, Section 9, as amended) is amended to read:

i a e r 20 "22-5-4.3.

SCHOOL DISCIPLINE POLICIES--STUDENTS MAY SELF-SELF-ADMINISTER a t m m 21 ADMINISTER CERTAIN MEDICATIONS.-- d r e 22 A.

Local school boards shall establish student c e s k 23 discipline policies and shall file them with the department.

e a n b 24 The local school board shall involve parents, school personnel u [ and students in the development of these policies, and public .220586.1 SJC/SB 80 hearings shall be held during the formulation of these policies in the high school attendance areas within each school district or on a district-wide basis for those school districts that have no high school.

SJC/SB 80 Page 1 B.

An individual school within a school district e t 17 may establish a school discipline policy, provided that w l n d 18 parents, school personnel and students are involved in its = = 19 development and a public hearing is held in the school prior to a l i a e r 20 its adoption.

If an individual school adopts a discipline a t m m 21 policy in addition to the local school board's school district d r e 22 discipline policy, it shall submit its policy to the local c e s k 23 school board for approval.

e a n b 24 D.

No school employee who in good faith reports any u [ known or suspected violation of the school discipline policy or .220586.1 - 2 - SJC/SB 80 in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of the employee's efforts to enforce any part of the policy.

All public school and school district discipline policies shall allow students to carry and self-administer asthma medication and emergency anaphylaxis SJC/SB 80 Page 2 medication that has been legally prescribed to the student by a licensed health care provider under the following conditions:

(3) the health care provider formulates a e t 17 written treatment plan for managing asthma or anaphylaxis w l n d 18 episodes of the student and for medication use by the student = = 19 during school hours or school-sponsored activities, including a l i a e r 20 transit to or from school or school-sponsored activities;

and a t m m 21 (4) the student's parent has completed and d r e 22 submitted to the school any written documentation required by c e s k 23 the school or the school district, including the treatment plan e a n b 24 required in Paragraph (3) of this subsection and other u [ documents related to liability.

.220586.1 - 3 - SJC/SB 80 F.

The parent of a student who is allowed to carry and self-administer asthma medication and emergency anaphylaxis medication may provide the school with backup medication that shall be kept in a location to which the SJC/SB 80 Page 3 student has immediate access in the event of an asthma or anaphylaxis emergency.

and e t 17 (3) "race" includes traits historically w l n d 18 associated with race, including hair texture, length of hair, = = 19 protective hairstyles or cultural or religious headdresses." a l i a e r 20 SECTION 2.

Section 22-8B-4 NMSA 1978 (being Laws 1999, a t m m 21 Chapter 281, Section 4, as amended) is amended to read:

d r e 22 "22-8B-4.

CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES--RESPONSIBILITIES--OPERATION.-- c e s k 23 OPERATION.-- e a n b 24 A.

A charter school shall be subject to all federal u [ and state laws and constitutional provisions prohibiting .220586.1 - 4 - SJC/SB 80 discrimination on the basis of disability, physical or mental handicap, serious medical condition, race, creed, color, sex, gender identity, sexual orientation, SJC/SB 80 Page 4 spousal affiliation, national origin, religion, ancestry or need for special education services and shall not allow for the imposition of discipline, discrimination or disparate treatment against a student based on the student's race, religion or culture or because of the student's use of protective hairstyles or cultural or religious headdresses.

and provided further that no member of a governing body for a charter school that is initially approved on or after July 1, 2005 or whose charter is renewed on or after July 1, 2005 shall serve on the governing body of another charter e t 17 school.

No member of a local school board shall be a member of w l n d 18 a governing body for a charter school or employed in any = = 19 capacity by a locally chartered charter school located within a l i a e r 20 the local school board's school district during the term of a t m m 21 office for which the member was elected or appointed.

d r e 22 C.

c e s k 23 (1) its own operation, including preparation e a n b 24 of a budget, subject to audits pursuant to the Audit Act;

and u [ (2) contracting for services and personnel .220586.1 - 5 - SJC/SB 80 matters.

A charter school may contract with a school SJC/SB 80 Page 5 district, a university or college, the state, another political subdivision of the state, the federal government or one of its agencies, a tribal government or any other third party for the use of a facility, its operation and maintenance and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter contract.

The school district in which a charter school is e t 17 geographically located shall provide a charter school with w l n d 18 available facilities for the school's operations unless the = = 19 facilities are currently used for other educational purposes.

a l i a e r 20 An agreement for the use of school district facilities by a a t m m 21 charter school may provide for reasonable lease payments;

d r e 22 provided that the payments do not exceed the sum of the lease c e s k 23 reimbursement rate provided in Subparagraph (b) of Paragraph e a n b 24 (1) of Subsection I of Section 22-24-4 NMSA 1978 plus any u [ reimbursement for actual direct costs incurred by the school .220586.1 - 6 - SJC/SB 80 district in providing the facilities;

and provided further SJC/SB 80 Page 6 that any lease payments received by a school district may be retained by the school district and shall not be considered to be cash balances in any calculation pursuant to Section 22-8-41 NMSA 1978.

e t 17 H.

Locally chartered charter school facilities are w l n d 18 eligible for state and local capital outlay funds and shall be = = 19 included in the school district's five-year facilities plan.

a l i a e r 20 I.

A locally chartered charter school shall a t m m 21 negotiate with a school district to provide transportation to d r e 22 students eligible for transportation under the provisions of c e s k 23 the Public School Code.

The school district, in conjunction e a n b 24 with the charter school, may establish a limit for student u [ transportation to and from the charter school site not to .220586.1 - 7 - SJC/SB 80 Page 7 extend beyond the school district boundary.

Within constitutional and statutory limits, a e t 17 charter school may acquire and dispose of property;

provided w l n d 18 that, upon termination of the charter, all assets of the = = 19 locally chartered charter school shall revert to the local a l i a e r 20 school board and all assets of the state-chartered charter a t m m 21 school shall revert to the state, except that, if all or any d r e 22 portion of a state-chartered charter school facility is c e s k 23 financed with the proceeds of general obligation bonds issued e a n b 24 by a local school board, the facility shall revert to the local u [ school board.