A. For purposes of this section, "a student who has experienced a disruption in the student's education" means a student who experiences one or more changes in public school or school district enrollment during a single school year as the result of:
(1) homelessness as defined in the federal McKinney-Vento Homeless Assistance Act and as determined by the public school or school district;
(2) adjudication:
(a) as an abused or neglected child as determined by the children, youth and families department pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978];
(b) as part of a family in need of court-ordered services voluntary placement pursuant to the Family Services Act [Chapter 32A, Article 3A NMSA 1978]; or
(c) as a delinquent if the parent wishes to disclose the adjudication of delinquency; or
(3) placement in a mental health treatment facility or habilitation program for developmental disabilities pursuant to the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978] or placement in treatment foster care.
B. When a student who has experienced a disruption in the student's education transfers to a new public school or school district, the receiving public school or school district shall communicate with the sending public school or school district within two days of the student's enrollment. The sending public school or school district shall provide the receiving public school or school district with any requested records within two days of having received the receiving public school's or school district's communication.
C. A student who has experienced a disruption in the student's education because of transferring to a new public school as the result of circumstances set forth in this section shall have:
(1) priority placement in classes that meet state graduation requirements; and
(2) timely placement in elective classes that are comparable to those in which the student was enrolled at the student's previous public school or schools as soon as the public school or school district receives verification from the student's records.
D. For a student who has experienced a disruption in the student's education at any time during the student's high school enrollment, a school district and public schools shall ensure:
(1) acceptance of the student's state graduation requirements for a diploma of excellence pursuant to the Public School Code;
(2) equal access to participation in sports and other extracurricular activities, career and technical programs or other special programs for which the student qualifies;
(3) timely assistance and advice from counselors to improve the student's college or career readiness; and
(4) that the student receives all special education services to which the student is entitled.
E. A student who has experienced a disruption in the student's education and has transferred between public schools in different school districts or between public schools within the same school district shall receive credit for any work completed prior to the transfer, regardless of whether the transfer occurred at the end of a grading period. The department shall promulgate and adopt a rule to determine how credit shall be awarded for courses that are partially completed, and school districts shall follow the department rule.
History: Laws 2019, ch. 223, § 14; 2020, ch. 50, § 1.
ANNOTATIONSThe 2020 amendment, effective May 20, 2020, provided credit to students who have experienced a disruption in the student's education for work completed prior to transferring schools, and required the public education department to promulgate and adopt a rule to determine how credit shall be awarded for partially completed courses; and added Subsection E.