0001| SENATE BILL 515
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GLORIA HOWES
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; PROVIDING FOR HOME-SCHOOL STUDENTS TO
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0012| PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES;
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0013| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. A new section of the Public School Code is
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0017| enacted to read:
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0018| "[NEW MATERIAL] HOME SCHOOL--PARTICIPATION IN
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0019| INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.--A home-school
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0020| student shall be eligible to participate in an interscholastic
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0021| extracurricular activity offered in the public schools,
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0022| provided the student:
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0023| A. meets New Mexico activities association, state
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0024| board and local school board rules, regulations, policies,
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0025| procedures and standards applicable to all public school
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0001| students, with the exception of the school's class or school
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0002| attendance requirements, but including those relating to
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0003| catastrophic health and accident insurance coverage, during the
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0004| time of participation in the interscholastic extracurricular
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0005| activity;
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0006| B. meets and adheres to the same team or squad
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0007| responsibilities and standards of behavior and academic
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0008| performance of other student members of the team or squad;
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0009| C. participates in the interscholastic
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0010| extracurricular activity at the public school that the student
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0011| would normally attend;
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0012| D. submits to the local school board administration
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0013| acceptable documentation of any interscholastic extracurricular
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0014| eligibility standards required of all other public school
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0015| students; and
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0016| E. submits to school authorities all required
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0017| information and forms."
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0018| Section 2. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0019| Chapter 16, Section 5, as amended) is amended to read:
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0020| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
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0021| powers granted to the state board pursuant to Section 22-2-1
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0022| NMSA 1978, the state board shall perform the following duties:
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0023| A. properly and uniformly enforce the provisions of
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0024| the Public School Code;
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0025| B. determine policy for the operation of all public
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0001| schools and vocational education programs in the state;
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0002| C. appoint a state superintendent;
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0003| D. purchase and loan instructional material to
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0004| students pursuant to the Instructional Material Law and adopt
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0005| regulations relating to the use and operation of instructional
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0006| material depositories in the instructional material
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0007| distribution process;
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0008| E. designate courses of instruction to be taught in
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0009| all public schools in the state;
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0010| F. assess and evaluate all state institutions and
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0011| those private schools that desire state accreditation;
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0012| G. determine the qualifications for and issue a
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0013| certificate to any person teaching, assisting teachers,
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0014| supervising an instructional program, counseling, providing
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0015| special instructional services or administering in public
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0016| schools, according to law and according to a system of
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0017| classification adopted and published by the state board;
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0018| H. suspend or revoke a certificate held by a
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0019| certified school instructor or certified school administrator,
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0020| according to law, for incompetency, immorality or for any other
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0021| good and just cause;
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0022| I. make full and complete reports on consolidation
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0023| of school districts to the legislature;
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0024| J. prescribe courses of instruction, requirements
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0025| for graduation and standards for all public schools, for
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0001| private schools seeking state accreditation and for the
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0002| educational programs conducted in state institutions other than
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0003| New Mexico military institute;
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0004| K. adopt regulations for the administration of all
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0005| public schools and bylaws for its own administration;
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0006| L. require periodic reports on forms prescribed by
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0007| it from all public schools and attendance reports from private
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0008| schools;
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0009| M. authorize adult educational programs to be
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0010| conducted in schools under its jurisdiction and promulgate and
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0011| publish regulations governing all such adult educational
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0012| programs;
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0013| N. require any school under its jurisdiction that
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0014| sponsors athletic programs involving sports to mandate that the
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0015| participating student obtain catastrophic health and accident
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0016| insurance coverage, such coverage to be offered through the
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0017| school and issued by an insurance company duly licensed
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0018| pursuant to the laws of New Mexico;
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0019| O. require all accrediting agencies for public
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0020| schools in the state to act with its approval;
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0021| P. accept and receive all grants of money from the
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0022| federal government or any other agency for public school
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0023| purposes and disburse the money in the manner and for the
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0024| purpose specified in the grant;
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0025| Q. require prior approval for any educational
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0001| program in a public school that is to be conducted, sponsored,
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0002| carried on or caused to be carried on by a private organization
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0003| or agency;
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0004| R. approve or disapprove all rules or regulations
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0005| promulgated by any association or organization attempting to
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0006| regulate any public school activity and invalidate any rule or
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0007| regulation in conflict with any regulation promulgated by the
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0008| state board. The state board may require performance and
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0009| financial audits of any association or organization attempting
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0010| to regulate any public school activity. The state board shall
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0011| have no power or control over the rules or regulations or the
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0012| bylaws governing the administration of the internal
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0013| organization of the association or organization;
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0014| S. review decisions made by the governing board or
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0015| officials of any organization or association regulating any
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0016| public school activity, and any decision of the state board
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0017| shall be final in respect thereto;
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0018| T. accept or reject any charitable gift, grant,
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0019| devise or bequest. The particular gift, grant, devise or
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0020| bequest accepted shall be considered an asset of the state;
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0021| U. establish and maintain regional centers, at its
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0022| discretion, for conducting cooperative services between public
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0023| schools and school districts within and among those regions and
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0024| to facilitate regulation and evaluation of school programs;
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0025| V. assess and evaluate for accreditation purposes
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0001| at least one-third of all public schools each year through
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0002| visits by department of education personnel to investigate the
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0003| adequacy of pupil gain in standard required subject matter,
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0004| adequacy of pupil activities, functional feasibility of public
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0005| school and school district organization, adequacy of staff
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0006| preparation and other matters bearing upon the education of the
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0007| students;
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0008| W. provide for management and other necessary
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0009| personnel to operate any public school or school district that
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0010| has failed to meet requirements of law, state board standards
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0011| or state board regulations; provided that the operation of the
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0012| public school or school district shall not include any
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0013| consolidation or reorganization without the approval of the
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0014| local board of that school district. Until such time as
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0015| requirements of law, standards or regulations have been met and
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0016| compliance is assured, the powers and duties of the local
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0017| school board shall be suspended;
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0018| X. establish and implement a plan that provides for
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0019| technical assistance to local school boards through workshops
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0020| and other in-service training methods; provided, however, that
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0021| no plan shall require mandatory attendance by any member of a
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0022| local school board;
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0023| Y. submit a plan applying for funds available under
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0024| Public Law 94-142 and disburse these funds in the manner and
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0025| for the purposes specified in the plan; [and]
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0001| Z. enforce requirements for home schools. Upon
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0002| finding that a home school is not in compliance with law, the
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0003| state board shall have authority to order that a student attend
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0004| a public school or a private school; and
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0005| AA. prescribe procedures for the documentation of
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0006| interscholastic extracurricular eligibility standards required
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0007| for home-school students."
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0008| Section 3. Section 22-12-2.1 NMSA 1978 (being Laws 1986,
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0009| Chapter 33, Section 27, as amended) is amended to read:
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0010| "22-12-2.1. EXTRACURRICULAR ACTIVITIES--STUDENT
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0011| PARTICIPATION.--
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0012| A. A student shall have a 2.0 grade point average
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0013| on a 4.0 scale, or its equivalent, either cumulatively or for
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0014| the grading period immediately preceding participation, in
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0015| order to be eligible to participate in [any] an
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0016| interscholastic extracurricular activity. For purposes of
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0017| this section, "grading period" is a period of time not less
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0018| than six weeks. The provisions of this subsection shall not
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0019| apply to special education students placed in class C and class
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0020| D programs.
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0021| B. No student shall be absent from school for
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0022| school-sponsored interscholastic extracurricular activities
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0023| in excess of fifteen days per semester, and no class may be
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0024| missed in excess of fifteen times per semester.
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0025| C. The provisions of Subsections A and B of this
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0001| section apply to all interscholastic extracurricular
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0002| activities.
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0003| D. The state superintendent may issue a waiver
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0004| relating to the number of absences for participation in any
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0005| state or national competition. The state superintendent shall
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0006| develop a procedure for petitioning cumulative provision
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0007| eligibility cases, similar to other eligibility situations.
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0008| E. Student standards for participation in
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0009| interscholastic extracurricular activities shall be applied
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0010| beginning with a student's second semester of grade eight.
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0011| F. Home-school students shall not be subject to
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0012| different standards for eligibility and participation in
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0013| interscholastic extracurricular activities than those applied
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0014| to other students in the public schools. A student who meets
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0015| the rules, regulations, policies, procedures and standards of
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0016| the New Mexico activities association, state board and local
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0017| school board shall not be prohibited from participating in
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0018| interscholastic extracurricular activities offered in the
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0019| public schools."
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0020|
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0021|
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0022| FORTY-THIRD LEGISLATURE
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0023| FIRST SESSION, 1997
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0024|
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0025|
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0001| February 27, 1997
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0002|
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0003| Mr. President:
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0004|
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0005| Your EDUCATION COMMITTEE, to whom has been referred
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0006|
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0007| SENATE BILL 515
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO PASS, and thence referred to the
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0011| FINANCE COMMITTEE.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| __________________________________
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0019| Cynthia Nava, Chairman
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0020|
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0021|
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0022|
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0023| Adopted_______________________ Not
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0024| Adopted_______________________
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002|
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0003| Date ________________________
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0004|
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0005|
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0006| The roll call vote was 8 For 1 Against
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0007| Yes: 8
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0008| No: Lopez
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0009| Excused: Garcia
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0010| Absent: None
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0011|
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0012|
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0013| S0515ED1
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0014|
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0015|
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0016|
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0017| FORTY-THIRD LEGISLATURE
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0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| March 14, 1997
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0022|
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0023| Mr. President:
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0024|
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0025| Your FINANCE COMMITTEE, to whom has been referred
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0001|
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0002| SENATE BILL 515
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012| __________________________________
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0013| Ben D. Altamirano, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 6 For 0 Against
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0002| Yes: 6
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0003| No: None
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0004| Excused: Aragon, Altamirano, Carraro, Ingle, Lyons
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0005| Absent: None
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0006|
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0007|
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0008| S0515FC1
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0009|
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