B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include in-school suspension, school service, suspension or expulsion. Corporal punishment shall be prohibited by each local school board and each governing body of a charter school.
New Mexico School Discipline Laws & Regulations: Alternatives to Suspension
New Mexico School Discipline Laws & Regulations: Alternatives to Suspension
Category: In-School Discipline
Subcategory: Alternatives to Suspension
State: New Mexico
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LAWS
22-5-4.3. School discipline policies; students may self-administer certain medications.
22-35-2. Definitions.
As used in the Safe Schools for All Students Act [Chapter 22, Article 35 NMSA 1978]:
G. "progressive discipline" means disciplinary action other than suspension or expulsion from school that is designed to correct and address the basic causes of a student's specific misbehavior while retaining the student in class or in school, or restorative school practices to repair the harm done to relationships and other students from the student's misbehavior, and may include:
(1) meeting with the student and the student's parents;
(2) reflective activities, such as requiring the student to write an essay about the student's misbehavior;
(3) counseling;
(4) anger management;
(5) health counseling or intervention;
(6) mental health counseling;
(7) participation in skill-building and resolution activities, such as social-emotional cognitive skills building, resolution circles and restorative conferencing;
(8) community service; and
(9) in-school detention or suspension, which may take place during lunchtime, after school or during weekends.
22-35-3. Bullying prevention policies; adoption and enforcement.
B. Each local school board shall control the content of its policy; provided that the policy includes:
(4) a list of consequences, including progressive discipline approaches that can result from an identified incident of bullying that are designed to:
(a) appropriately correct the bullying behavior;
(b) prevent another occurrence of bullying or retaliation;
(c) protect the target of the bullying;
(d) be flexible so that, in application, the consequences can be unique to the individual incident and varied in method and severity based on: 1) the nature of the incident; 2) the developmental age of the student who is bullying; and 3) any history of problem behavior from the student who is bullying; and
(e) for cyberbullying incidents, use the least restrictive means necessary to address the interference with the student's ability to participate in or benefit from the services, activities or privileges provided by the school.
REGULATIONS
6.11.2.7. Definitions.
E. "Detention" means requiring a student to remain in a designated area in the student's school outside of instructional time, such as before school, during recess, during lunch, or after school. No detained student shall be denied an opportunity to eat lunch or reasonable opportunities to go to the restroom. [...]
K. "In-school suspension" means requiring a student to spend time in a designated area at the same school or in an environment where the student is allowed to continue with their academic learning.
6.11.2.10. Enforcing rules of conduct.
G. Detention, suspension and expulsion. Where detention, suspension, or expulsion is determined to be the appropriate penalty, it may be imposed only in accordance with procedures that provide at least the minimum safeguards prescribed in 6.11.2.12 NMAC. Suspensions or expulsions of students with disabilities shall be subject to the further requirements of Subsection I of 6.11.2.10 NMAC and 6.11.2.11 NMAC.
6.11.2.12. Procedure for detentions, suspensions, and expulsions.
The authority of the state and of local school boards to prescribe and enforce standards of conduct for public school students must be exercised consistently with constitutional safeguards of individual student rights. The right to a public education is not absolute; it may be taken away, temporarily or permanently, for violations of school rules. The right to a public education is a property right which may only be denied where school authorities have adhered to the minimum procedural safeguards required to afford the student due process of law. This section prescribes minimum requirements for detention, in-school suspension, and temporary, long-term or permanent removal of students from public schools. Local school boards may adopt procedures which afford students more protection than this rule requires. The procedures in this section apply only to disciplinary detentions, suspensions, and expulsions. They do not apply to disenrollment of students who fail to meet immunization, age, residence, or other requirements for valid enrollment, nor to the removal from school membership reports of students who have been absent from school for 10 consecutive school days in accordance with Subsection B of Section 22-8-2 NMSA 1978. Nothing in this section shall be construed as prohibiting school boards or administrative authorities from involving other school staff, students, and members of the community in the enforcement of rules of student conduct to the extent they believe is appropriate.
E. In-school suspension.
(1) In-school suspension may be imposed with or without further restriction of student privileges. Any student who is placed in in-school suspension which exceeds 10 school days must be provided with an instructional program that meets state and local educational requirements. Student privileges, however, may be restricted for longer than 10 school days.
(2) In-school suspensions of any length shall be accomplished according to the procedures for a temporary suspension as set forth in Subsection D of 6.11.2.12 NMAC. A local school board may limit the length of in-school suspensions which may be accomplished under temporary suspension procedures. No student in in-school suspension shall be denied an opportunity to eat lunch or reasonable opportunities to go to the restroom.
F. Detention.
(1) Detention may be imposed in connection with in-school suspension, but is distinct from in-school suspension in that detention does not entail removing the student from any of the student's regular classes.
(2) The authority of the schools to supervise and control the conduct of students includes the authority to impose reasonable periods of detention during the day or outside normal school hours as a disciplinary measure. Reasonable periods of detention may be imposed in accordance with the procedures for temporary suspension.
6.12.7.7. Definitions.
G. "Progressive discipline " means disciplinary action other than suspension or expulsion from school that is designed to correct and address the basic causes of a student's specific misbehavior while retaining the student in class or in school, or restorative school practices to repair the harm done to relationships and other students from the student's misbehavior, and may include:
(1) meeting with the student and the student's parents;
(2) reflective activities, such as requiring the student to write an essay about the student's misbehavior;
(3) counseling;
(4) anger management;
(5) health counseling or intervention;
(6) mental health counseling or intervention;
(7) participation in skill-building and conflict resolution activities;
(8) community service; and
(9) in-school detention or in-school suspension that is for a constructive purpose and may take place during lunchtime, recess, after school, or during weekends.