Current through Register Vol. 35, No. 18, September 24, 2024
A. Identifying
persistently dangerous schools: The department is responsible for identifying
persistently dangerous schools in New Mexico, will utilize the criteria
described above for this purpose and will send an annual report of persistently
dangerous schools to the United State department of education.
(1) The district shall send the department
the persistently dangerous school corrective action plan (s) for approval
within twenty (20) school days from the date that the district has been
notified by the department that the school has been designated as persistently
dangerous.
(2) The district shall
identify appropriate state and local funds to be used to help implement
corrective action plans.
(3) The
department shall annually review relevant data and corrective action plans that
have been approved to reassess the status of public schools identified as
persistently dangerous.
B. Providing a safe public school choice
option to students attending persistently dangerous schools: A school district
having one or more public schools identified as persistently dangerous shall:
(1) Within ten (10) school days from the date
that the district has been notified by the department that the school has been
designated as persistently dangerous, notify the parents or guardians of each
student attending the school that the school has been identified as
persistently dangerous and simultaneously offer all students the opportunity to
transfer to a safe public school, including a safe public charter school,
within the school district that is making adequate yearly progress (AYP) and
that has not been identified as being in school improvement, corrective action,
or restructuring. A student who seeks to transfer to a charter school within
the district may do so, subject to the Charter Schools Act, the department's
rules, and/or federal guidelines and restrictions.
(2) Complete the transfer (s) within thirty
(30) school days after the district is notified that the school has been
designated as persistently dangerous for the student (s) who accept the offer.
Transfers may be temporary or permanent, but will be in effect as long as the
student's original school is identified as persistently dangerous.
(3) Develop and implement a corrective action
plan within twenty (20) school days from the time that the department has
notified the district that the school has been designated as persistently
dangerous.
C. Providing
a safe public school choice option to students who have been victims of a
violent criminal offense: A school district shall:
(1) Within ten (10) school days from the date
a student has become the victim of a violent criminal offense while in or on
the grounds of a public school that the student attends, offer a student the
opportunity to transfer to a safe public school, including a safe public
charter school, within the school district that is making adequate yearly
progress (AYP) and that has not been identified as being in school improvement,
corrective action, or restructuring. A student who seeks to transfer to a
charter school within the district may do so, subject to the Charter Schools
Act, the department's rules, and/or federal guidelines and
restrictions.
(2) Complete the
transfer within thirty (30) school days of the criminal incident. Transfers may
be temporary or permanent, but will be in effect until such time as the parents
of the victim and the school determine a permanent placement of the
student.