HOUSE BILL 240

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jimmie C. Hall and James G. Townsend and Nate Gentry

AN ACT

RELATING TO PUBLIC EDUCATION; ADDING AN EARLY WARNING SYSTEM TO THE COMPULSORY SCHOOL ATTENDANCE LAW; PROVIDING FOR TRUANCY AND DROPOUT PREVENTION COACHES; PROVIDING FOR THE SUSPENSION OR POSTPONEMENT OF DRIVING PRIVILEGES OF SCHOOL-AGE PERSONS WHO ARE IN VIOLATION OF THE COMPULSORY SCHOOL ATTENDANCE LAW.

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

     SECTION 1. Section 22-12-8 NMSA 1978 (being Laws 1985, Chapter 104, Section 1, as amended) is amended to read:

     "22-12-8. EARLY IDENTIFICATION [UNEXCUSED ABSENCES AND TRUANCY]--EARLY WARNING SYSTEM.--

          A. Notwithstanding the provisions of Section 22-12-7 NMSA 1978, if a student is in need of early intervention to prevent habitual truancy, the school district, charter school or private school shall contact the student's parent to inform the parent that the student has unexcused absences from school and to discuss possible interventions. The provisions of this section do not apply [to any absence] if the parent has contacted the school to explain the absence.

          B. Starting with the 2016-2017 school year, each school in a school district and each charter school shall implement the department-developed early warning system that uses data systems to identify students at risk of becoming habitual truants or dropping out of school. Considerations for identifying such students may include grades, absences and behavior citations.

          C. Starting with the 2016-2017 school year, for a student who, in a school year, has accumulated:

                (1) three or more unexcused absences, a school district or charter school shall notify the parent about the number and dates of the unexcused absences;

                (2) five or more unexcused absences, a truancy prevention team shall meet with the student and parent and develop a written attendance plan that:

                     (a) prescribes benchmark goals to improve student attendance; and

                     (b) includes intervention practices to improve student attendance and, if applicable, programs in which the student shall participate; and

                (3) ten or more unexcused absences, a school district or charter school shall notify the parent that the student has become a habitual truant."

     SECTION 2. Section 22-12-9 NMSA 1978 (being Laws 2004, Chapter 28, Section 1, as amended) is amended to read:

     "22-12-9. DEFINITIONS--UNEXCUSED ABSENCES AND TRUANCY--ATTENDANCE POLICIES.--

          A. As used in [this section and Sections 22-12-7 and 22-12-8 NMSA 1978] the Compulsory School Attendance Law:

                (1) "habitual truant" means a student who has accumulated the equivalent of ten days or more of unexcused absences within a school year;

                (2) "truancy prevention team" means a group consisting of a school administrator, a licensed school employee and a school employee who is responsible for monitoring student attendance and addressing unexcused absences. A truancy prevention team may also include municipal, county, state, tribal or federal officials or members of organizations to support students at risk of becoming habitual truants or dropping out of school;

                [(2)] (3) "student in need of early intervention" means a student who has accumulated five unexcused absences within a school year; and

                [(3)] (4) "unexcused absence" means an absence from school or classes for which the student does not have an allowable excuse pursuant to the Compulsory School Attendance Law or rules of the local school board or governing authority of a charter school or private school.

          B. An unexcused absence of two or more classes up to fifty percent of an instructional day shall be counted as one-half day absence, and the unexcused absence of more than fifty percent of an instructional day shall be counted as one full-day absence.

          C. Each school district and charter school shall maintain an attendance policy that:

                (1) provides for early identification of students with unexcused absences, students in need of early intervention and habitual truants and provides intervention strategies that focus on keeping students in need of early intervention in an educational setting and prohibit out-of-school suspension and expulsion as the punishment for unexcused absences and habitual truancy;

                (2) by July 1, 2017, through implementation of the department-developed early warning system, identifies and assists students with unexcused absences, students in need of early intervention and habitual truants pursuant to the provisions of Section 22-12-8 NMSA 1978;

                [(2)] (3) uses withdrawal as provided in Section 22-8-2 NMSA 1978 only after exhausting intervention efforts to keep students in educational settings;

                [(3)] (4) requires that class attendance be taken for every instructional day in every public school or school program in the school district; and

                [(4)] (5) provides for schools to document the following for each student identified as an habitual truant:

                     (a) attempts of the school to notify the parent that the student had unexcused absences;

                     (b) attempts of the school to meet with the parent to discuss intervention strategies; and

                     (c) intervention strategies implemented to support keeping the student in school.

          D. The department shall review and approve school district and charter school attendance policies.

          E. School districts and charter schools shall report unexcused absences and habitual truancy rates to the department in a form and at such times as the department determines and shall document intervention efforts made to keep students in need of early intervention and habitual truants in educational settings. Locally chartered charter schools shall provide copies of their reports to the school district. The department shall compile school district and charter school reports on rates of unexcused absences and habitual truancy and require school districts and charter schools to certify that the information is being reported consistently."

     SECTION 3. A new section of the Compulsory School Attendance Law is enacted to read:

     "[NEW MATERIAL] TRUANCY AND DROPOUT PREVENTION COACH.--Subject to the availability of funding, a truancy and dropout prevention coach shall be employed by each public school that has an habitual truancy rate of greater than fifteen percent of enrolled students. The minimum duties of a truancy and dropout prevention coach shall include:

          A. developing and implementing truancy prevention measures in accordance with the Compulsory School Attendance Law, providing formal notices of habitual truancy and conducting behavior intervention plan meetings with students and parents;

          B. identifying students in need of school attendance interventions;

          C. developing and implementing a tiered system of support based on a student's level of need. Such support may include preventative measures, targeted interventions, attendance incentives, consequences for unexcused absences or other actions to improve school attendance;

          D. incorporating family involvement and collaborating with community partners; and

          E. monitoring the progress of students in the school receiving truancy prevention services."

     SECTION 4. Section 22-12-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 175, as amended) is amended to read:

     "22-12-7. ENFORCEMENT OF ATTENDANCE LAW--HABITUAL TRUANTS--PENALTY--SUSPENSION OR DENIAL OF DRIVING PRIVILEGES--APPEAL TO SCHOOL DISTRICT, DEPARTMENT AND DISTRICT COURT.--

          A. Each local school board and each governing body of a charter school or private school shall initiate the enforcement of the provisions of the Compulsory School Attendance Law for students enrolled in their respective schools.

          B. To initiate enforcement of the provisions of the Compulsory School Attendance Law against [an] a student who is a habitual truant, a local school board or governing body of a charter school or private school or its authorized representatives shall give written notice of the habitual truancy by mail to or by personal service on the parent of the student subject to and in noncompliance with the provisions of the Compulsory School Attendance Law. The notice shall include a date, time and place for the parent to meet with the local school district, charter school or private school to develop intervention strategies that focus on keeping the student in an educational setting.

          C. If unexcused absences continue after written notice of habitual truancy as provided in Subsection B of this section has occurred, the student shall be reported to the juvenile probation [services] office of the judicial district where the student resides for an investigation as to whether the student shall be considered to be a neglected child or a child in a family in need of services because of habitual truancy and thus subject to the provisions of the Children's Code. The juvenile probation [services] office may send a written notice to a parent of the student directing the parent and student to report to the juvenile probation [services] office to discuss services for the student or the family. [In addition to any other disposition, the children's court may order the habitual truant's driving privileges to be suspended for a specified time not to exceed ninety days on the first finding of habitual truancy and not to exceed one year for a subsequent finding of habitual truancy.]

          D. If, after review by the juvenile probation office where the student resides, a determination and finding is made that the habitual truancy by the student may have been caused by the parent of the student, then the matter [will] shall be referred by the juvenile probation office to the district attorney's office or any law enforcement agency having jurisdiction for appropriate investigation and filing of charges allowed under the Compulsory School Attendance Law. Charges against the parent may be filed in metropolitan court, magistrate court or district court.

          E. A parent of the student who, after receiving written notice as provided in Subsection B of this section and after the matter has been reviewed in accordance with Subsection D of this section, knowingly allows the student to continue to violate the Compulsory School Attendance Law [shall be] is guilty of a petty misdemeanor. Upon the first conviction, a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) may be imposed, or the parent of the student may be ordered to perform community service. If violations of the Compulsory School Attendance Law continue, upon the second and subsequent convictions, the parent of the student who knowingly allows the student to continue to violate the Compulsory School Attendance Law [shall be] is guilty of a petty misdemeanor and shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for a definite term not to exceed six months or both.

          F. [The provisions of this section shall apply beginning July 1, 2004.] Starting with the 2017-2018 school year, when a student in grades eight through twelve accumulates ten or more unexcused absences in a school year and becomes an habitual truant:

                (1) a school shall give to the student's parent a notice of noncompliance with the Compulsory School Attendance Law containing:

                     (a) the name, date of birth and address of the student; 

                     (b) a statement that the student is in noncompliance with the Compulsory School Attendance Law due to habitual truancy and the number and dates of unexcused absences; and

                     (c) notice of the opportunity for the student and the student's parent to request an optional meeting with the school principal or head administrator within two weeks to: 1) commit to the student returning to school and complying with the Compulsory School Attendance Law; 2) contest the occurrences and number of the student's unexcused absences; 3) provide evidence that the student is no longer subject to the Compulsory School Attendance Law; or 4) request a hardship waiver pursuant to department rule to fulfill unavoidable employment or family medical caregiving duties;

                (2) a school district or charter school shall give to the student's parent and the motor vehicle division of the taxation and revenue department a state-provided certification of noncompliance with the Compulsory School Attendance Law no less than thirty days after the notice of noncompliance with the Compulsory School Attendance Law is sent to the parent pursuant to Paragraph (1) of this subsection if the student remains noncompliant, unless the student has been granted a hardship waiver pursuant to Item 4) of Subparagraph (c) of Paragraph (1) of this subsection prior to the issuance of a state-provided certification of noncompliance;

                (3) upon the motor vehicle division's receipt of a state-provided certification of noncompliance with the Compulsory School Attendance Law, the motor vehicle division shall suspend or deny the issuance of an instruction permit, provisional license or driver's license to a student pursuant to the Motor Vehicle Code until the student reaches the age of eighteen years; and

                (4) following the suspension or denial of an instruction permit, provisional license or driver's license, the student may:

                     (a) request a meeting with the school district or charter school to provide evidence supporting a request that the school district or charter school provide to the motor vehicle division a certification that the student is in compliance with or is no longer subject to the Compulsory School Attendance Law;

                     (b) appeal the school district's or charter school's determination by requesting a hearing and final decision from the department pursuant to its rules; and

                     (c) appeal the department's final decision to the district court for the county in which the student resides pursuant to Section 39-3-1.1 NMSA 1978."

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

     "[NEW MATERIAL] REPORTING.--No later than November 15, 2018 and each subsequent year, the department, in collaboration with the motor vehicle division of the taxation and revenue department and school districts and charter schools, shall submit an annual statewide report to the governor, the legislative education study committee and the legislative finance committee on the implementation of the Compulsory School Attendance Law. The annual statewide report shall include to the extent available:

          A. aggregate data for each middle school, high school, school district and charter school regarding implementation of Subsection F of Section 22-12-7 NMSA 1978 and Section 6 of this 2016 act, including:

                (1)  the number of students who accumulated the equivalent of ten days or more of unexcused absences within a school year;

                (2)  the number of state-provided certifications of noncompliance issued pursuant to the Compulsory School Attendance Law;

                (3)  the number of students who were denied the issuance of or incurred the suspension of an instruction permit, provisional license or driver's license due to noncompliance with the Compulsory School Attendance Law and the number of:

                     (a) students who had more than one denial or suspension; and

                     (b)  instruction permits, provisional licenses or driver's licenses that were denied or suspended and were subsequently granted or reinstated as a consequence of compliance with the Compulsory School Attendance Law; and

                (4)  the number of hardship waivers granted pursuant to Item 4) of Subparagraph (c) of Paragraph (1) of Subsection F of Section 22-12-7 NMSA 1978; and

          B. an evaluation of any improvement in academic achievement attributable to implementation of the Compulsory School Attendance Law, including, to the extent applicable, for each middle school, high school, school district and charter school:

                (1) the students' mathematics assessment scores;

                (2) the students' English language arts assessment scores;

                (3) the four-year cohort graduation rate; and

                (4) the most recent grade received under the A-B-C-D-F Schools Rating Act."

     SECTION 6. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] AUTHORITY OF DEPARTMENT TO SUSPEND LICENSE OF SCHOOL-AGE PERSON.--

          A. The department may:

                (1) upon receipt of a state-provided certification of noncompliance with the Compulsory School Attendance Law, pursuant to Section 22-12-7 NMSA 1978, to suspend or deny the granting of an instruction permit, provisional license or driver's license, without a preliminary hearing, of a school-age person as defined in Section 22-1-2 NMSA 1978 until the school-age person reaches the age of eighteen years; and

                (2) upon receipt of a state-provided certification that the school-age person is in compliance with or is no longer subject to the Compulsory School Attendance Law, to:

                     (a) reinstate a suspended instruction permit, provisional license or driver's license of a school-age person; or

                     (b) grant an instruction permit, provisional license or driver's license to a school-age person pursuant to the Motor Vehicle Code.

          B. The division may adopt and promulgate rules to implement the provisions of this section."

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