44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE LEGISLATIVE EDUCATION STUDY COMMITTEE, THE STATE DEPARTMENT OF PUBLIC EDUCATION AND THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO STUDY THE COMPULSORY SCHOOL ATTENDANCE LAW AND THE FAMILY IN NEED OF SERVICES LAW AND RECOMMEND IMPROVEMENTS TO THE APPROPRIATE LEGISLATIVE EDUCATION INTERIM COMMITTEE.

WHEREAS, the Compulsory School Attendance Law requires students to attend school for the length of the school year established by law and policies of local school boards; and

WHEREAS, the Compulsory School Attendance Law sets forth provisions for enforcement for student absenteeism and requires a local school board to notify in writing the parent or guardian that the student is not in compliance with the law; and

WHEREAS, the Compulsory School Attendance Law was enacted in 1967 for conditions existing then, but in the thirty intervening years, conditions have changed, and a different set of problems faces educators and educational institutions; and

WHEREAS, truancy has a detrimental impact on the educational experience, and legal decisions about student conduct and discipline in the schools present new dilemmas for teachers and their institutions; and

WHEREAS, the Compulsory School Attendance Law makes provisions regarding students who are violating the law by specifying the procedures that must be followed by a local school board, including reporting to the probation services office of the judicial district and requesting an investigation to determine whether the student is considered to be a neglected child and subject to the provisions of the Family in Need of Services Act; and

WHEREAS, the law requires that if a determination is made that the nonattendance by the student may have been caused by the parent or guardian, penalties may be enforced by the district court; and

WHEREAS, the mechanics of implementing the Compulsory School Attendance Law are fraught with limitations; and

WHEREAS, the provisions in the Family in Need of Services Act allow local school boards to submit a request for family services if a child is absent from school for more than ten days without an authorized excuse and take procedures to assist in returning the student to school; and

WHEREAS, New Mexico local school boards and school personnel report that they are unsuccessful in having law enforcement and district courts follow up on continued violations of the Compulsory School Attendance Law; and

WHEREAS, local school boards and school personnel report that provisions in the Family in Need of Services Act regarding procedures for addressing student nonattendance are inconsistent with the Compulsory School Attendance Law;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the legislative education study committee, the state department of public education and the children, youth and families department collaborate with parents and members of the community and cooperate in an assessment of the effectiveness and efficacy of the Compulsory School Attendance Law and the Family in Need of Services Act; and

BE IT FURTHER RESOLVED that the agencies involved in the study make recommendations regarding how both laws may be improved and reconciled to ensure that the Compulsory School Attendance Law is being carried out successfully for the benefit of the student; and

BE IT FURTHER RESOLVED that the agencies involved in the study prepare and report their findings to the legislative education study committee and the appropriate legislative education interim committee by November 1, 2000; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the superintendent of public instruction, the secretary of children, youth and families and the chairman of the legislative education study committee for appropriate distribution.