Current through Register Vol. 35, No. 18, September 24, 2024
A. "Safe public
school" means a school that has developed and successfully implemented a public
education department ("department") approved safe schools plan and does not
meet the definition of a persistently dangerous school.
B. "Persistently dangerous public school"
means a school, in which for three (3) consecutive school years, the school has
experienced expulsions for greater than five percent (5%) of the student
enrollment for incidents reported in the school district's "safe schools
report," as required by Section
22-10A-33,
NMSA 1978, under the violence and vandalism codes and definitions - violence
codes 01 through 06 "assault and battery," and has expelled one or more student
(s) for knowingly bringing a weapon to school in violation of Section
22-5-4.7,
NMSA 1978, and/or any policy of the district implementing this provision
(violence and vandalism codes and definitions - firearms possession codes 61
through 63).
C. "Timely
implementation" means:
(1) that parents and
guardians of each student attending the school shall be notified within ten
(10) school days from the time that the district has been notified by the
department that the school has been designated as persistently dangerous and
that students are offered the opportunity to transfer to a safe public school,
including a safe public charter school, within the district;
(2) that a student who is a victim of a
violent criminal offense shall be offered the opportunity to transfer to a safe
public school, including a safe public charter school, within the district
within ten (10) calendar days, subject to space availability.
(3) that the corrective action plan shall be
developed and implemented within twenty (20) school days from the time that the
district has been notified by the department that the school has been
designated as persistently dangerous; and
(4) that transfers of students shall be
within thirty (30) school days after the district is notified that the school
has been designated as persistently dangerous and/or after a student has become
a victim of a violent criminal offense.
D. "Corrective action plan" means a written
document that explains what changes/new actions will be taken at the school to
ensure that the school will become a safe public school.
E. "Violent criminal offenses" mean the
following offenses when committed against a student while in or on the grounds
of a public school that the student attends:
(1) Criminal sexual penetration in the first
degree, as provided in Subsection C of Section
30-9-11,
NMSA 1978; or
(2) Criminal sexual
penetration in the second degree, as provided in Subsection D of Section
30-9-11,
NMSA 1978; or
(3) Kidnapping, as
provided in Section
30-4-1,
NMSA 1978; or
(4) Aggravated
battery, as provided in Subsection C of Section
30-3-5, NMSA
1978; or
(5) Assault with the
intent to commit a violent felony, as provided in Section
30-3-3,
NMSA 1978; or
(6) Dangerous use of
explosives, as provided in Section
30-7-5,
NMSA 1978; or
(7) Robbery, as
provided in Section
30-16-2, NMSA
1978; or
(8) Aggravated burglary,
as provided in Section
30-16-4, NMSA
1978; or
(9) Aggravated arson, as
provided in Section
30-17-6, NMSA
1978.
