0001|                               AN ACT
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0002| RELATING TO EDUCATION; AMENDING REQUIREMENTS FOR ADMISSION TO STATE
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0003| INSTITUTIONS FOR HOME SCHOOL OR NON-PUBLIC SCHOOL STUDENTS; REQUIRING
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0004| PUBLIC SCHOOLS TO ENROLL TRANSFERRING HOME SCHOOL OR PRIVATE SCHOOL
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0005| STUDENTS AT THE LEVEL APPROPRIATE TO THEIR AGE AND TEST SCORES. 
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0006| 
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008|      Section 1.  Section 21-1-1 NMSA 1978 (being Laws 1912, Chapter
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0009| 83, Section 2, as amended) is amended to read:
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0010|      "21-1-1.  STATE INSTITUTIONS--ADMISSION REQUIREMENTS TO BE
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0011| ESTABLISHED BY BOARDS OF REGENTS.--
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0012|           A.  The respective boards of regents of New Mexico state
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0013| university, New Mexico institute of mining and technology, the
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0014| university of New Mexico and the New Mexico military institute at
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0015| Roswell shall determine and fix the standard of requirements for
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0016| admission to their respective institutions.
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0017|           B.  In determining the standard of requirements for
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0018| admission to their respective institutions, boards of regents shall
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0019| not require a student who has completed the requirements of a home-
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0020| based or non-public school educational program, and who has submitted
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0021| test scores that otherwise qualify him for admission to that
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0022| institution, to obtain or submit proof of having obtained a general
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0023| education development certificate.  In determining requirements for
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0024| admission, boards of regents shall evaluate and treat applicants from
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0025| home-based educational programs or non-public schools fairly and in a
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0001| nondiscriminatory manner."
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0002|      Section 2.  Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter
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0003| 338, Section 1, as amended) is amended to read:
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0004|      "22-1-4.  FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND
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0005| ENROLLING.--
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0006|           A.  Except as provided by Section 24-5-2 NMSA 1978, a free
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0007| public school education shall be available to any school-age person
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0008| who is a resident of this state and has not received a high school
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0009| diploma or its equivalent.
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0010|           B.  A free public school education in those courses already
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0011| offered to persons under Subsection A of this section shall be
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0012| available to any person who is a resident of this state and has
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0013| received a high school diploma or its equivalent if there is available
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0014| space in such courses.
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0015|           C.  Any person entitled to a free public school education
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0016| under this section may enroll or re-enroll in a public school at any
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0017| time and, unless required to attend school pursuant to the Compulsory
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0018| School Attendance Law, may withdraw from a public school at any time.
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0019|           D.  Local school boards shall promulgate regulations
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0020| concerning the enrollment and re-enrollment of all persons.  In
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0021| adopting and promulgating non-discriminatory regulations
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0022| concerning the enrollment of students transferring from a home
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0023| school or private school to the public schools, the local school
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0024| board shall provide that the grade level at which the transferring
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0025| student is placed is appropriate to the age of the student, to the
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0001| student's score on a student achievement test administered
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0002| according to the statewide and local school district testing
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0003| programs as determined by the state superintendent, or both."      
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0004|                          
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