HOUSE BILL 615

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Anna M. Crook

AN ACT

RELATING TO EDUCATION; REQUIRING PUBLIC SCHOOLS TO ADOPT DATING VIOLENCE POLICIES AND TO INCORPORATE DATING VIOLENCE INFORMATION INTO HEALTH EDUCATION CURRICULA IN GRADES SEVEN THROUGH TWELVE.

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] SCHOOL POLICIES ON DATING VIOLENCE.--

          A. On or before January 1, 2010, the department shall develop a model dating violence policy to assist local school boards in developing policies for reporting and responding to dating violence.

          B. On or before July 1, 2010, each local school board shall establish a specific policy to address dating violence involving students at school. The policy shall include:

                (1) a statement that dating violence will not be tolerated;

                (2) dating violence reporting procedures;

                (3) guidelines for responding to incidents of dating violence at school; and

                (4) discipline procedures for incidents of dating violence at school.

          C. Local school boards shall include the dating violence policy in any school district discipline policy.

          D. Each school district shall provide dating violence training to all administrators, teachers, nurses and mental health staff at the middle and high school levels. The training shall include basic principles of dating violence, warning signs of dating violence and the school district's dating violence policy.

          E. Each school district shall inform the students' parents of the school district's dating violence policy.

          F. This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability.

          G. As used in this section:

                (1) "local school board" includes the governing body of a charter school; and

                (2) "school district" includes a charter school."

     Section 2. Section 22-13-1 NMSA 1978 (being Laws 2003, Chapter 153, Section 57, as amended by Laws 2007, Chapter 307, Section 7 and by Laws 2007, Chapter 308, Section 7) is amended to read:

     "22-13-1. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS REQUIRED--ACCREDITATION.--

          A. The department shall require public schools to address department-approved academic content and performance standards when instructing in specific department-required subject areas as provided in this section. A public school or school district failing to meet these minimum requirements shall not be accredited by the department.

          B. All kindergarten through third grade classes shall provide daily instruction in reading and language arts skills, including phonemic awareness, phonics and comprehension, and in mathematics. Students in kindergarten and first grades shall be screened and monitored for progress in reading and language arts skills and students in second grade shall take diagnostic tests on reading and language arts skills.

          C. All first, second and third grade classes shall provide instruction in art, music and a language other than English, and instruction that meets content and performance standards shall be provided in science, social studies, physical education and health education.

          D. In fourth through eighth grades, instruction that meets academic content and performance standards shall be provided in the following subject areas:

                (1) reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year;

                (2) mathematics;

                (3) language other than English;

                (4) communication skills;

                (5) science;

                (6) art;

                (7) music;

                (8) social studies;

                (9) New Mexico history;

                (10) United States history;

                (11) geography;

                (12) physical education; and

                (13) health education.

          E. Beginning with the 2008-2009 school year, in eighth grade, algebra 1 shall be offered in regular classroom settings or through on-line courses or agreements with high schools.

          F. In fourth through eighth grades, school districts shall offer electives that contribute to academic growth and skill development and provide career and technical education.

          G. In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education.

          H. In seventh through twelfth grades, age-appropriate instruction on dating violence shall be incorporated into the health education curriculum. Upon written request to the school principal, the parent of a student less than eighteen years of age shall be permitted to examine the dating violence education instructional materials at the student's school."

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