44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO PUBLIC SCHOOLS; CHANGING PROVISIONS RELATING TO OPEN ENROLLMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended) is amended to read:
"22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND ENROLLING--OPEN ENROLLMENT.--
A. Except as provided by Section 24-5-2 NMSA 1978, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent.
B. A free public school education in those courses already offered to persons pursuant to provisions of Subsection A of this section shall be available to any person who is a resident of this state and has received a high school diploma or its equivalent if there is available space in such courses.
C. Any person entitled to a free public school education pursuant to provisions of this section may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Compulsory School Attendance Law, may withdraw from a public school at any time.
D. In adopting and promulgating [
rules concerning the enrollment of students transferring from
a home school or private school to the public schools, the
local school board shall provide that the grade level at which
the transferring student is placed is appropriate to the age
of the student or to the student's score on a student
achievement test administered according to the statewide and
local school district testing programs as determined by the
state superintendent or both.
E. A local school board shall adopt and promulgate
regulations] rules governing enrollment and re-enrollment at
schools within the district. These [ regulations] rules shall
(1) definition of the district boundary and the boundaries of attendance areas for each school;
(2) for each school, definition of the
boundaries of areas outside the district boundary or within
the district but outside the school's attendance area, and
within a distance of the school that would not be served by a
school bus route as determined pursuant to Section 22-16-4
NMSA 1978 if enrolled, which areas shall be designated as
"walk zones"; (3)] (2) priorities for enrollment of
students as follows:
(a) first, persons residing within the district and within the attendance area of a school;
(b) second, persons who previously attended the school; and
(c) third, all other applicants; [
and (4)] (3) establishment of maximum allowable
class size if smaller than that permitted by law and
ratification and description of the maximum class size in the
charter of all charter schools within the district; and
(4) within each of the second and third priorities for enrollment of students, the local school board may establish additional preferences through policies in the areas of child care, employee children, siblings, feeder schools, extreme hardship and student safety.
F. As long as the maximum allowable class size
established by law, by [
regulation] rule of a local school
board or in the charter of a charter school, whichever is
lower, is not met or exceeded in a school by enrollment of
first-priority persons, the school shall enroll other persons
applying in the priorities stated in the district
[ regulations] rules adopted pursuant to Subsection E of this
section. If the maximum would be exceeded by enrollment of an
applicant in the second or third priority, the school shall
establish a waiting list. As classroom space becomes
available, persons highest on the waiting list within the
highest priority on the list shall be notified and given the
opportunity to enroll."