Current through Register Vol. 35, No. 18, September 24, 2024
The acts specified in Subsection A of 6.11.2.9 NMAC are
prohibited in all public schools in New Mexico. Within legal limits as defined
in Subsection L of
6.11.2.7 NMAC, local
school boards have discretion to develop rules of conduct governing all others
area of student and school activity.
A. Prohibited activities: The commission of
or participation in the activities designated below is prohibited in all public
schools and is prohibited for students whenever they are subject to school
control. The following acts are prohibited by this rule:
(1) criminal or delinquent acts;
(2) committing, threatening to commit, or
inciting others to commit or threaten to commit any act of violence, directly
or indirectly, in person or through electronic means, against a public school,
student, or school personnel or official;
(3) sexual harassment;
(4) disruptive conduct;
(5) refusal to identify self; and
(6) refusal to cooperate with school
personnel.
B. Regulated
activities: Beyond those activities designated as prohibited in Subsection A of
6.11.2.9 NMAC, all other areas of student conduct may be regulated within legal
limits by local school boards as they deem appropriate to local conditions.
Conduct by non-students which affects school operations may be regulated within
legal limits pursuant to any of the forms of authority described in Subsection
B. of
6.11.2.8 NMAC.
Activities subject to local school board regulation within legal limits
include:
(1) school attendance;
(2) use of and access to public schools,
including:
(a) restrictions on vehicular
traffic on school property;
(b)
prohibition of, or conditions on, the presence of non-school persons on school
grounds or in school buildings while school is in session; and
(c) reasonable standards of conduct for all
persons attending school-sponsored activities or other activities on school
property;
(3) students'
dress and personal appearance;
(4)
use of controlled substances, alcohol and tobacco in public schools;
(5) speech and assembly within public
schools;
(6) publications
distributed in public schools;
(7)
the existence, scope, and conditions of availability of student privileges,
including extracurricular activities and rules governing
participation;
(8) per Section
22-5-4.7
NMSA 1978, each school district is required to adopt a policy providing for the
expulsion from school, for a period of not less than one year, any student who
is determined to have knowingly brought a weapon to a public school under the
jurisdiction of the local school board. The local school board or the
superintendent of the school district may modify the expulsion requirement on a
case-by-case basis; the special rule provisions of Subsection D of
6.11.2.11
NMAC, apply to students with disabilities; and
(9) the discipline of students for
out-of-school conduct having a direct and immediate effect on school discipline
or the general safety and welfare of the school.
