0001| SENATE BILL 64
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| RAMSAY L. GORHAM
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOLS; AMENDING SECTION 22-1-4 NMSA 1978
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0012| (BEING LAWS 1975, CHAPTER 338, SECTION 1, AS AMENDED) TO
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0013| PROVIDE FOR OPEN ENROLLMENT IN THE PUBLIC SCHOOLS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 22-1-4 NMSA 1978 (being Laws 1975,
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0017| Chapter 338, Section 1, as amended) is amended to read:
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0018| "22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING
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0019| AND ENROLLING--OPEN ENROLLMENT.--
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0020| A. Except as provided by Section 24-5-2 NMSA 1978,
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0021| a free public school education shall be available to any
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0022| school-age person who is a resident of this state and has not
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0023| received a high school diploma or its equivalent.
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0024| B. A free public school education in those courses
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0025| already offered to persons [under] pursuant to provisions
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0001| of Subsection A of this section shall be available to any
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0002| person who is a resident of this state and has received a high
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0003| school diploma or its equivalent if there is available space
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0004| in such courses.
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0005| C. Any person entitled to a free public school
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0006| education [under] pursuant to provisions of this section
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0007| may enroll or re-enroll in a public school at any time and,
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0008| unless required to attend school pursuant to the Compulsory
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0009| School Attendance Law, may withdraw from a public school at
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0010| any time.
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0011| D. [Local school boards shall promulgate
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regulations concerning the enrollment and re-enrollment of
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all persons] In adopting and promulgating [non-
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discriminatory] regulations concerning the enrollment of
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0015| students transferring from a home school or private school
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0016| to the public schools, the local school board shall provide
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0017| that the grade level at which the transferring student is
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0018| placed is appropriate to the age of the student or to the
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0019| student's score on a student achievement test administered
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0020| according to the statewide and local school district testing
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0021| programs as determined by the state superintendent or both.
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0022| E. A local school board shall adopt and
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0023| promulgate regulations governing enrollment and re-
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0024| enrollment at schools within the district. These
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0025| regulations shall include:
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0001| (1) definition of the district boundary
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0002| and the boundaries of attendance areas for each school;
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0003| (2) for each school, definition of the
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0004| boundaries of areas outside the district boundary or within
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0005| the district but outside the school's attendance area, and
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0006| within a distance of the school that would not be served by
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0007| a school bus route as determined pursuant to Section 22-16-4
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0008| NMSA 1978 if enrolled, which areas shall be designated as
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0009| "walk zones";
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0010| (3) priorities for enrollment of students
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0011| as follows:
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0012| (a) first, persons residing within the
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0013| district and within the attendance area of a school;
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0014| (b) second, persons residing within
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0015| the district and not residing within the attendance area but
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0016| residing within the walk zone of a school;
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0017| (c) third, persons not residing within
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0018| the district and not residing within the school's attendance
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0019| area but residing within the school's walk zone; and
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0020| (d) fourth, persons not residing
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0021| within the district or the school's walk zone; and
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0022| (4) establishment of maximum allowable
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0023| class size if smaller than that permitted by law and
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0024| ratification and description of the maximum class size in
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0025| the charter of all charter schools within the district.
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0001| F. As long as the maximum allowable class size
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0002| established by law, by regulation of a local school board or
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0003| in the charter of a charter school, whichever is lower, is
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0004| not met or exceeded in a school by enrollment of first-
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0005| priority persons, the school shall enroll other persons
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0006| applying in the priorities stated in the district
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0007| regulations adopted pursuant to Subsection E of this
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0008| section. As long as classroom space is available, persons
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0009| shall be enrolled on a first-come, first-served basis, but
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0010| if that maximum would be exceeded by enrollment of an
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0011| applicant in the second, third or fourth priority, the
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0012| school shall establish a waiting list starting within
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0013| priorities on a first-come, first-served basis. As
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0014| classroom space becomes available, persons highest on the
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0015| waiting list within the highest priority on the list shall
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0016| be notified and given the opportunity to enroll."
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0017|
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