SENATE BILL 1163

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Gerald P. Ortiz y Pino

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING PARENTAL NOTICE AND PERMISSION BEFORE PUBLIC SCHOOLS RELEASE PERSONAL INFORMATION ABOUT STUDENTS TO RECRUITERS; PROVIDING OTHER LIMITATIONS; PROVIDING FOR ADMINISTRATION OF THE ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] STUDENT INFORMATION--PRIVACY AND CHOICE IN DISCLOSURE--LIMITATIONS ON RECRUITMENT.--

          A. As used in this section, "post-secondary recruiter" means anyone who is recruiting students to enroll in any school, college or university; to join any business, firm or other employment; or to join any branch of the armed services.

          B. Each public secondary school shall provide information each year to its students and parents explaining that they have the choice to withhold student personal information from post-secondary recruiters. Students who have reached the age of majority or who are emancipated minors and parents of minor students may specify their choice to opt out of student personal information disclosures to any or all post-secondary recruiters.

          C. One additional written announcement shall be made to parents and students informing them of their rights not less than one week prior to releasing students' names, addresses and telephone numbers to post-secondary recruiters. The announcement shall include the date on which student personal information will be released to post-secondary recruiters. Students who have reached the age of majority or who are emancipated minors and parents of minor students shall be allowed to change their decisions regarding student personal information disclosure up to three days prior to release of the information.

          D. Public secondary schools shall not release student personal information prior to October 1 of each year.

          E. Each public secondary school shall set limits on the number of visits and the total hours of access by any post-secondary recruiting organization. Post-secondary recruiting visits shall not exceed the equivalent of six school days per academic year.

          F. Each public secondary school shall require advance notification before post-secondary recruiters visit the high school campus. The public secondary school shall maintain a log of post-secondary recruiters, their organizations and the dates and times of visits to the school campus.

          G. Post-secondary recruiters shall be restricted to designated locations and not allowed to move about the school campus unaccompanied by a teacher or other school staff member. Designated locations shall be publicly visible and accessible, such as student centers, classrooms or cafeterias, and recruiters shall not be allowed to have unsupervised access to minor students. Minor students shall not be released into the custody of a post-secondary recruiter without the written permission of the student's parent."

     Section 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] ADMINISTRATION OF ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST.--Any public school that administers the armed services vocational aptitude battery test shall choose "option eight no release to recruiters"; provided that this requirement does not limit a student who has reached the age of majority or who is an emancipated minor or a parent of a minor child from electing to release the student's test results and student personal information directly to a military post-secondary recruiter. Students and parents shall be informed that taking the armed services vocational aptitude battery test is not mandatory. Each public school shall provide students with alternative educational activities if its classrooms are being used for the test."

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