New Mexico School Discipline Laws & Regulations: Data Collection, Review, and Reporting of Discipline Policies and Actions

Discipline Compendium

New Mexico School Discipline Laws & Regulations: Data Collection, Review, and Reporting of Discipline Policies and Actions

Category: Monitoring and Accountability
Subcategory: Data Collection, Review, and Reporting of Discipline Policies and Actions
State: New Mexico

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LAWS

22-12A-2. Definitions.

As used in the Attendance for Success Act [Chapter 22, Article 12A NMSA 1978]:

D. "chronic absence rate" means the percentage of students, in the aggregate and disaggregated by the subgroups required for reporting pursuant to the federal Every Student Succeeds Act, in a public school and a school district who have been enrolled for at least ten days and who have missed ten percent or more of school days since the beginning of the school year.

22-12A-6. Public school attendance policies; reporting.

C. School districts shall report absences, chronic absences and excessive absences data to the department at each reporting date and the end of the school year and shall document intervention efforts made to keep students in an educational setting. The department shall compile school district reports as provided in Section 13 [22-12A-13 NMSA 1978] of the Attendance for Success Act and require school districts to certify that the information is being reported consistently and correctly. The department shall share information from state-chartered charter schools with the commission. [...]

F. Upon request, school districts shall provide the chronic absence rate from the most current reporting date or end-of-year report, in the aggregate and disaggregated by subgroups, for all its public schools.

22-12A-7. Enforcement of Attendance for Success Act; district responsibilities; differentiation; district plan; additional support.

E. At the end of each school year, each school district shall report to the local school board and to the public on the school district's website, the progress made on its attendance improvement plan, to include:

(1) a description of the supports and resources provided to public schools at each tier of the attendance improvement plan;

(2) the extent to which public schools with chronic absence rates greater than ten percent achieved their attendance improvement targets;

(3) the extent to which the school district achieved its attendance improvement targets;

(4) barriers and challenges to reducing chronic absence rates, as reported by the public school and school district personnel;

(5) effective school-based practices, as evidenced by decreased chronic absence rates; and

(6) recommendations for improvement during the next school year at both the public school and school district level.

22-12A-8. Enforcement of Attendance for Success Act; attendance improvement plan; procedures.

C. A public school, regardless of its chronic absence rate, shall develop and implement a whole-school absence prevention strategy to be reported to the department as part of the public school's educational plan for student success.

D. An attendance improvement plan shall include:

(1) attendance data for each of the preceding two school years and the current school year, including:

(a) the public school's overall absence rate;

(b) chronic absence rates disaggregated by student subpopulation;

(c) chronic absence rates disaggregated by grade level; and

(d) student attendance for every day of the school year.

22-12A-13. Reporting requirements.

A. For each reporting date and at the end of the year, each school district shall report:

(1) the total number of days missed for excused and unexcused absences for each student in each public school, the total number of days each student was enrolled and in which tier each student with absences fell during the reporting period, along with the student's demographics; and

(2) the number of students at each public school who were referred to the children, youth and families department because of excessive absences, in the aggregate and disaggregated by subgroups.

B. The department shall compile a report by public school and school district that includes:

(1) the total number and percent of students who were in each tier of chronic absenteeism or were excessively absent at each public school and school district in the aggregate for each public school and school district and disaggregated by subgroups;

(2) the average number of excused and unexcused absences per student for all students and subgroups, not including interscholastic extracurricular activities; and

(3) a calculated chronic absenteeism rate for the school district for all students and for each subgroup.

22-2F-1. Short title.

This act [22-2F-1 to 22-2F-3 NMSA 1978] may be cited as the "School Support and Accountability Act".

22-2F-2. Definitions.

As used in the School Support and Accountability Act [Chapter 22, Article 2F NMSA 1978]:

B. "chronic absenteeism" means the percentage of students missing ten percent or more of the school year for any reason, including excused absences, unexcused absences and out-of-school suspensions.

22-2F-3. School support and accountability system; created; establishing a school dashboard; prioritizing resources for schools receiving additional support.

A. The "school support and accountability system" is created in the department. The department, in consultation with school districts, charter schools, school personnel, tribal nations and the legislative education study committee, shall promulgate rules to carry out the provisions of the School Support and Accountability Act [Chapter 22, Article 2F NMSA 1978] through the system.

B. The system shall:

(3) include indicators of school quality and student success that are valid, reliable, comparable and statewide, including:

(a) chronic absenteeism.

22-35-3. Bullying prevention policies; adoption and enforcement.

E. Each local school board shall establish procedures for public schools to report aggregate incidents of bullying and incidents of harassment under any applicable federal or state law, along with responses to these incidents, and report this information annually to the department.

22-35-5. Department duties; school district and charter school report cards.

B. At the same time as or as part of the annual accountability report, each school district and charter school shall report on the status of its implementation of the provisions of the Safe Schools for All Students Act, including the aggregate number of incidents of bullying in the state, the aggregate number of incidents of harassment under any applicable federal or state laws, the aggregate number of responsive actions taken by public schools by type of action, a tabulation of the number of incidents associated with each distinguishing characteristic defined in the Safe Schools for All Students Act, the department's evaluation of the sufficiency of funding for bullying prevention programs and any recommendations for policy or programmatic change to improve the addressing of bullying issues in the state.

REGULATIONS

6.10.8.10. Reporting requirement.

A. Each school district and each individual charter school shall maintain class attendance records by class period for every instructional day for each student in each school or school program in the school district or charter school in a manner verifiable by the public education department.

B. The local superintendent of each school district or governing body or administrative head of a charter school will report absences with excused and unexcused identifiers through the student teacher accountability reporting system and certify that the information is being reported consistently at intervals and in a manner as specified by the public education department.

6.12.7.8. Bullying Prevention Policies–adoption and enforcement.

E. Each local school board or governing body shall establish procedures for public schools to report the number of bullying incidents and the number of harassment incidents, as defined by federal or state law, along with responses to these incidents, and shall report this information annually to the department at such time as determined by the department and through the department's student teacher accountability reporting or through other means as determined by the department.

6.12.7.10. Reporting requirements.

A. Beginning with the 2020-2021 school year, each school district and state-chartered charter school shall annually submit the following to the department in a method prescribed by the department and in a timeframe determined by the department:

(1) a status report on the implementation of the provisions of this rule;

(2) data elements on the implementation of this rule including:

(a) the aggregate number of bullying incidents of students within the district or state-chartered charter school;

(b) the aggregate number of harassment incidents of students within the district or state-chartered charter school; and

(c) the corresponding responsive action or disposition taken by the district or state-chartered charter school, by type of action, for each bullying incident of a student and for each harassment incident of a student.

B. Each school district and state-chartered charter school shall include, in its reporting, when known, a tabulation of the number of bullying incidents of students and the number of harassment incidents of students associated with each of the following actual or perceived distinguishing characteristic:

(1) race;

(2) color;

(3) national origin;

(4) ancestry;

(5) sex;

(6) sexual orientation;

(7) gender identity;

(8) spousal affiliation;

(9) physical or cognitive disability; or

(10) an association with a person, or group with any person, with one or more of the actual or perceived distinguishing characteristics.

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U.S. Department of Education

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