0001| SENATE BILL 262
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| GLORIA HOWES
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO EDUCATION; PROVIDING FOR HOME-SCHOOL STUDENTS TO
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0013| PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES;
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0014| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Public School Code is
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0018| enacted to read:
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0019| "[NEW MATERIAL] HOME SCHOOL--PARTICIPATION IN
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0020| INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.--A home-school
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0021| student shall be eligible to participate in any interscholastic
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0022| extracurricular activity offered in the public schools, provided
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0023| the student:
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0024| A. meets New Mexico activities association, state
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0025| board and local school board rules, regulations, policies,
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0001| procedures and standards applicable to all public school
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0002| students, with the exception of the school's class or school
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0003| attendance requirements, but including those relating to
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0004| catastrophic health and accident insurance coverage, during the
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0005| time of participation in the interscholastic extracurricular
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0006| activity;
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0007| B. meets and adheres to the same team or squad
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0008| responsibilities and standards of behavior and academic
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0009| performance of other student members of the team or squad;
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0010| C. participates in the interscholastic
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0011| extracurricular activity at the public school that the student
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0012| would normally attend;
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0013| D. submits to the local school board administration
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0014| acceptable documentation of any interscholastic extracurricular
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0015| eligibility standards required of all other public school
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0016| students; and
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0017| E. submits to school authorities all required
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0018| information and forms."
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0019| Section 2. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0020| Chapter 16, Section 5, as amended) is amended to read:
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0021| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
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0022| powers granted to the state board pursuant to Section 22-2-1
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0023| NMSA 1978, the state board shall perform the following duties:
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0024| A. properly and uniformly enforce the provisions of
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0025| the Public School Code;
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0001| B. determine policy for the operation of all public
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0002| schools and vocational education programs in the state;
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0003| C. appoint a state superintendent;
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0004| D. purchase and loan instructional material to
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0005| students pursuant to the Instructional Material Law and adopt
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0006| regulations relating to the use and operation of instructional
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0007| material depositories in the instructional material distribution
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0008| process;
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0009| E. designate courses of instruction to be taught in
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0010| all public schools in the state;
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0011| F. assess and evaluate all state institutions and
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0012| those private schools that desire state accreditation;
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0013| G. determine the qualifications for and issue a
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0014| certificate to any person teaching, assisting teachers,
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0015| supervising an instructional program, counseling, providing
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0016| special instructional services or administering in public
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0017| schools, according to law and according to a system of
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0018| classification adopted and published by the state board;
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0019| H. suspend or revoke a certificate held by a
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0020| certified school instructor or certified school administrator,
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0021| according to law, for incompetency, immorality or for any other
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0022| good and just cause;
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0023| I. make full and complete reports on consolidation
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0024| of school districts to the legislature;
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0025| J. prescribe courses of instruction, requirements
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0001| for graduation and standards for all public schools, for private
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0002| schools seeking state accreditation and for the educational
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0003| programs conducted in state institutions;
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0004| K. adopt regulations for the administration of all
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0005| public schools and bylaws for its own administration;
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0006| L. require periodic reports on forms prescribed by
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0007| it from all public schools and attendance reports from private
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0008| schools;
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0009| M. authorize adult educational programs to be
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0010| conducted in schools under its jurisdiction and promulgate and
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0011| publish regulations governing all such adult educational
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0012| programs;
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0013| N. require any school under its jurisdiction that
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0014| sponsors athletic programs involving sports to mandate that the
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0015| participating student obtain catastrophic health and accident
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0016| insurance coverage, such coverage to be offered through the
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0017| school and issued by an insurance company duly licensed pursuant
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0018| to the laws of New Mexico;
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0019| O. require all accrediting agencies for public
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0020| schools in the state to act with its approval;
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0021| P. accept and receive all grants of money from the
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0022| federal government or any other agency for public school
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0023| purposes and disburse the money in the manner and for the
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0024| purpose specified in the grant;
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0025| Q. require prior approval for any educational
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0001| program in a public school that is to be conducted, sponsored,
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0002| carried on or caused to be carried on by a private organization
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0003| or agency;
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0004| R. approve or disapprove all rules or regulations
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0005| promulgated by any association or organization attempting to
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0006| regulate any public school activity and invalidate any rule or
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0007| regulation in conflict with any regulation promulgated by the
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0008| state board. The state board may require performance and
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0009| financial audits of any association or organization attempting
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0010| to regulate any public school activity. The state board shall
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0011| have no power or control over the rules or regulations or the
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0012| bylaws governing the administration of the internal organization
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0013| of the association or organization;
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0014| S. review decisions made by the governing board or
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0015| officials of any organization or association regulating any
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0016| public school activity, and any decision of the state board
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0017| shall be final in respect thereto;
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0018| T. accept or reject any charitable gift, grant,
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0019| devise or bequest. The particular gift, grant, devise or
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0020| bequest accepted shall be considered an asset of the state;
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0021| U. establish and maintain regional centers, at its
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0022| discretion, for conducting cooperative services between public
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0023| schools and school districts within and among those regions and
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0024| to facilitate regulation and evaluation of school programs;
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0025| V. assess and evaluate for accreditation purposes at
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0001| least one-third of all public schools each year through visits
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0002| by department of education personnel to investigate the adequacy
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0003| of pupil gain in standard required subject matter, adequacy of
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0004| pupil activities, functional feasibility of public school and
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0005| school district organization, adequacy of staff preparation and
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0006| other matters bearing upon the education of the students;
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0007| W. provide for management and other necessary
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0008| personnel to operate any public school or school district that
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0009| has failed to meet requirements of law, state board standards or
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0010| state board regulations; provided that the operation of the
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0011| public school or school district shall not include any
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0012| consolidation or reorganization without the approval of the
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0013| local board of that school district. Until such time as
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0014| requirements of law, standards or regulations have been met and
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0015| compliance is assured, the powers and duties of the local school
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0016| board shall be suspended;
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0017| X. establish and implement a plan that provides for
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0018| technical assistance to local school boards through workshops
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0019| and other in-service training methods; provided, however, that
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0020| no plan shall require mandatory attendance by any member of a
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0021| local school board;
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0022| Y. submit a plan applying for funds available under
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0023| Public Law 94-142 and disburse these funds in the manner and for
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0024| the purposes specified in the plan; [and]
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0025| Z. enforce requirements for home schools. Upon
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0001| finding that a home school is not in compliance with law, the
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0002| state board shall have authority to order that a student attend
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0003| a public school or a private school; and
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0004| AA. prescribe procedures for the documentation of
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0005| interscholastic extracurricular eligibility standards required
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0006| for home-school students."
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0007| Section 3. Section 22-12-2.1 NMSA 1978 (being Laws 1986,
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0008| Chapter 33, Section 27, as amended) is amended to read:
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0009| "22-12-2.1. INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES--STUDENT PARTICIPATION.--
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0010| A. A student shall have a 2.0 grade point average on
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0011| a 4.0 scale, or its equivalent, either cumulatively or for the
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0012| grading period immediately preceding participation, in order to
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0013| be eligible to participate in any interscholastic
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0014| extracurricular activity. For purposes of this section,
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0015| "grading period" is a period of time not less than six weeks.
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0016| The provisions of this subsection shall not apply to special
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0017| education students placed in class C and class D programs.
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0018| B. No student shall be absent from school for
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0019| school-sponsored interscholastic extracurricular activities in
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0020| excess of fifteen days per semester, and no class may be missed
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0021| in excess of fifteen times per semester.
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0022| C. The provisions of Subsections A and B of this
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0023| section apply to all interscholastic extracurricular
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0024| activities.
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0025| D. The state superintendent may issue a waiver
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0001| relating to the number of absences for participation in any
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0002| state or national competition. The state superintendent shall
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0003| develop a procedure for petitioning cumulative provision
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0004| eligibility cases, similar to other eligibility situations.
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0005| E. Student standards for participation in
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0006| interscholastic extracurricular activities shall be applied
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0007| beginning with a student's second semester of grade eight.
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0008| F. Home-school students shall not be subject to
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0009| different standards for eligibility and participation in
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0010| interscholastic extracurricular activities than those applied to
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0011| other students in the public schools. A student who meets the
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0012| rules, regulations, policies, procedures and standards of the
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0013| New Mexico activities association, state board and local school
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0014| board shall not be prohibited from participating in
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0015| interscholastic extracurricular activities offered in the public
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0016| schools."
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0017|
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0018|
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