0001| SENATE BILL 262 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| GLORIA HOWES | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO EDUCATION; PROVIDING FOR HOME-SCHOOL STUDENTS TO | 0013| PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES; | 0014| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Public School Code is | 0018| enacted to read: | 0019| "[NEW MATERIAL] HOME SCHOOL--PARTICIPATION IN | 0020| INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.--A home-school | 0021| student shall be eligible to participate in any interscholastic | 0022| extracurricular activity offered in the public schools, provided | 0023| the student: | 0024| A. meets New Mexico activities association, state | 0025| board and local school board rules, regulations, policies, | 0001| procedures and standards applicable to all public school | 0002| students, with the exception of the school's class or school | 0003| attendance requirements, but including those relating to | 0004| catastrophic health and accident insurance coverage, during the | 0005| time of participation in the interscholastic extracurricular | 0006| activity; | 0007| B. meets and adheres to the same team or squad | 0008| responsibilities and standards of behavior and academic | 0009| performance of other student members of the team or squad; | 0010| C. participates in the interscholastic | 0011| extracurricular activity at the public school that the student | 0012| would normally attend; | 0013| D. submits to the local school board administration | 0014| acceptable documentation of any interscholastic extracurricular | 0015| eligibility standards required of all other public school | 0016| students; and | 0017| E. submits to school authorities all required | 0018| information and forms." | 0019| Section 2. Section 22-2-2 NMSA 1978 (being Laws 1967, | 0020| Chapter 16, Section 5, as amended) is amended to read: | 0021| "22-2-2. STATE BOARD--DUTIES.--Without limiting those | 0022| powers granted to the state board pursuant to Section 22-2-1 | 0023| NMSA 1978, the state board shall perform the following duties: | 0024| A. properly and uniformly enforce the provisions of | 0025| the Public School Code; | 0001| B. determine policy for the operation of all public | 0002| schools and vocational education programs in the state; | 0003| C. appoint a state superintendent; | 0004| D. purchase and loan instructional material to | 0005| students pursuant to the Instructional Material Law and adopt | 0006| regulations relating to the use and operation of instructional | 0007| material depositories in the instructional material distribution | 0008| process; | 0009| E. designate courses of instruction to be taught in | 0010| all public schools in the state; | 0011| F. assess and evaluate all state institutions and | 0012| those private schools that desire state accreditation; | 0013| G. determine the qualifications for and issue a | 0014| certificate to any person teaching, assisting teachers, | 0015| supervising an instructional program, counseling, providing | 0016| special instructional services or administering in public | 0017| schools, according to law and according to a system of | 0018| classification adopted and published by the state board; | 0019| H. suspend or revoke a certificate held by a | 0020| certified school instructor or certified school administrator, | 0021| according to law, for incompetency, immorality or for any other | 0022| good and just cause; | 0023| I. make full and complete reports on consolidation | 0024| of school districts to the legislature; | 0025| J. prescribe courses of instruction, requirements | 0001| for graduation and standards for all public schools, for private | 0002| schools seeking state accreditation and for the educational | 0003| programs conducted in state institutions; | 0004| K. adopt regulations for the administration of all | 0005| public schools and bylaws for its own administration; | 0006| L. require periodic reports on forms prescribed by | 0007| it from all public schools and attendance reports from private | 0008| schools; | 0009| M. authorize adult educational programs to be | 0010| conducted in schools under its jurisdiction and promulgate and | 0011| publish regulations governing all such adult educational | 0012| programs; | 0013| N. require any school under its jurisdiction that | 0014| sponsors athletic programs involving sports to mandate that the | 0015| participating student obtain catastrophic health and accident | 0016| insurance coverage, such coverage to be offered through the | 0017| school and issued by an insurance company duly licensed pursuant | 0018| to the laws of New Mexico; | 0019| O. require all accrediting agencies for public | 0020| schools in the state to act with its approval; | 0021| P. accept and receive all grants of money from the | 0022| federal government or any other agency for public school | 0023| purposes and disburse the money in the manner and for the | 0024| purpose specified in the grant; | 0025| Q. require prior approval for any educational | 0001| program in a public school that is to be conducted, sponsored, | 0002| carried on or caused to be carried on by a private organization | 0003| or agency; | 0004| R. approve or disapprove all rules or regulations | 0005| promulgated by any association or organization attempting to | 0006| regulate any public school activity and invalidate any rule or | 0007| regulation in conflict with any regulation promulgated by the | 0008| state board. The state board may require performance and | 0009| financial audits of any association or organization attempting | 0010| to regulate any public school activity. The state board shall | 0011| have no power or control over the rules or regulations or the | 0012| bylaws governing the administration of the internal organization | 0013| of the association or organization; | 0014| S. review decisions made by the governing board or | 0015| officials of any organization or association regulating any | 0016| public school activity, and any decision of the state board | 0017| shall be final in respect thereto; | 0018| T. accept or reject any charitable gift, grant, | 0019| devise or bequest. The particular gift, grant, devise or | 0020| bequest accepted shall be considered an asset of the state; | 0021| U. establish and maintain regional centers, at its | 0022| discretion, for conducting cooperative services between public | 0023| schools and school districts within and among those regions and | 0024| to facilitate regulation and evaluation of school programs; | 0025| V. assess and evaluate for accreditation purposes at | 0001| least one-third of all public schools each year through visits | 0002| by department of education personnel to investigate the adequacy | 0003| of pupil gain in standard required subject matter, adequacy of | 0004| pupil activities, functional feasibility of public school and | 0005| school district organization, adequacy of staff preparation and | 0006| other matters bearing upon the education of the students; | 0007| W. provide for management and other necessary | 0008| personnel to operate any public school or school district that | 0009| has failed to meet requirements of law, state board standards or | 0010| state board regulations; provided that the operation of the | 0011| public school or school district shall not include any | 0012| consolidation or reorganization without the approval of the | 0013| local board of that school district. Until such time as | 0014| requirements of law, standards or regulations have been met and | 0015| compliance is assured, the powers and duties of the local school | 0016| board shall be suspended; | 0017| X. establish and implement a plan that provides for | 0018| technical assistance to local school boards through workshops | 0019| and other in-service training methods; provided, however, that | 0020| no plan shall require mandatory attendance by any member of a | 0021| local school board; | 0022| Y. submit a plan applying for funds available under | 0023| Public Law 94-142 and disburse these funds in the manner and for | 0024| the purposes specified in the plan; ~~[and]~~ | 0025| Z. enforce requirements for home schools. Upon | 0001| finding that a home school is not in compliance with law, the | 0002| state board shall have authority to order that a student attend | 0003| a public school or a private school; and | 0004| AA. prescribe procedures for the documentation of | 0005| interscholastic extracurricular eligibility standards required | 0006| for home-school students." | 0007| Section 3. Section 22-12-2.1 NMSA 1978 (being Laws 1986, | 0008| Chapter 33, Section 27, as amended) is amended to read: | 0009| "22-12-2.1. INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES--STUDENT PARTICIPATION.-- | 0010| A. A student shall have a 2.0 grade point average on | 0011| a 4.0 scale, or its equivalent, either cumulatively or for the | 0012| grading period immediately preceding participation, in order to | 0013| be eligible to participate in any interscholastic | 0014| extracurricular activity. For purposes of this section, | 0015| "grading period" is a period of time not less than six weeks. | 0016| The provisions of this subsection shall not apply to special | 0017| education students placed in class C and class D programs. | 0018| B. No student shall be absent from school for | 0019| school-sponsored interscholastic extracurricular activities in | 0020| excess of fifteen days per semester, and no class may be missed | 0021| in excess of fifteen times per semester. | 0022| C. The provisions of Subsections A and B of this | 0023| section apply to all interscholastic extracurricular | 0024| activities. | 0025| D. The state superintendent may issue a waiver | 0001| relating to the number of absences for participation in any | 0002| state or national competition. The state superintendent shall | 0003| develop a procedure for petitioning cumulative provision | 0004| eligibility cases, similar to other eligibility situations. | 0005| E. Student standards for participation in | 0006| interscholastic extracurricular activities shall be applied | 0007| beginning with a student's second semester of grade eight. | 0008| F. Home-school students shall not be subject to | 0009| different standards for eligibility and participation in | 0010| interscholastic extracurricular activities than those applied to | 0011| other students in the public schools. A student who meets the | 0012| rules, regulations, policies, procedures and standards of the | 0013| New Mexico activities association, state board and local school | 0014| board shall not be prohibited from participating in | 0015| interscholastic extracurricular activities offered in the public | 0016| schools." | 0017| | 0018| |