New Mexico 2025 Regular Session

New Mexico House Bill HB490 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 490
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	E. Diane Torres-Velásquez and Pamelya Herndon
48	48	and Janelle Anyanonu and Charlotte Little
49	49	and Patricia Roybal Caballero
50	50	AN ACT
51	51	RELATING TO PUBLIC SCHOOLS; REQUIRING CHANGES TO SCHOOL
52	52	DISCIPLINE POLICIES; PROVIDING ADDITIONAL CHARACTERISTICS THAT
53	53	ARE PROTECTED FROM DISCIPLINE, DISCRIMINATION OR DISPARATE
54	54	TREATMENT; MAKING REPORTS ON THE ONLINE PORTAL RELATING TO
55	55	BEHAVIOR OF STUDENTS OR SCHOOL PERSONNEL CONFIDENTIAL.
56	56	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
57	57	SECTION 1. Section 22-5-4.3 NMSA 1978 (being Laws 1986,
58	58	Chapter 33, Section 9, as amended by Laws 2021, Chapter 19,
59	59	Section 1 and by Laws 2021, Chapter 37, Section 1 and also by
60	60	Laws 2021, Chapter 51, Section 8) is amended to read:
61	61	"22-5-4.3. SCHOOL DISCIPLINE POLICIES--RACIAL SENSITIVITY
62	62	AND ANTI-RACISM TRAINING--[HOTLINE ] ONLINE PORTAL FOR REPORTING
63	63	RACIALLY [CHARGED] MOTIVATED INCIDENTS AND RACIALIZED
64	64	AGGRESSION INVOLVING STUDENTS OR SCHOOL PERSONNEL--STUDENTS MAY
65	65	.231016.1 underscored material = new
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92	92	SELF-ADMINISTER CERTAIN MEDICATIONS.--
93	93	A. Local school boards shall establish student
94	94	discipline policies and shall file them with the department.
95	95	The local school board shall involve parents, school personnel
96	96	and students in the development of these policies, and public
97	97	hearings shall be held during the formulation of these policies
98	98	in the high school attendance areas within each school district
99	99	or on a district-wide basis for those school districts that
100	100	have no high school. No local school board shall allow for the
101	101	imposition of discipline, discrimination or disparate treatment
102	102	against a student based on the student's race, religion or
103	103	culture, disability, home language, gender, level of family
104	104	income or because of the student's use of protective hairstyles
105	105	or cultural or religious headdresses; nor shall a student be
106	106	demeaned, bullied or punished for any of these characteristics
107	107	or use of cultural symbols .
108	108	B. Each school district discipline policy shall
109	109	establish rules of conduct governing areas of student and
110	110	school activity, detail specific prohibited acts and activities
111	111	and enumerate possible disciplinary sanctions, which sanctions
112	112	may include in-school suspension, school service, suspension or
113	113	expulsion. Corporal punishment shall be prohibited by each
114	114	local school board and each governing body of a charter school.
115	115	C. An individual school within a school district
116	116	may establish a school discipline policy; provided that
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145	145	parents, school personnel and students are involved in its
146	146	development and a public hearing is held in the school prior to
147	147	its adoption. If an individual school adopts a discipline
148	148	policy in addition to the local school board's school district
149	149	discipline policy, it shall submit its policy to the local
150	150	school board for approval.
151	151	D. All school discipline policies shall define and
152	152	include a specific prohibition against racialized aggression
153	153	involving a student or school personnel. Every school district
154	154	and every charter school shall provide links to the statewide
155	155	[hotline] online portal to report racially [charged ] motivated
156	156	incidents or racialized aggression. A submission and any
157	157	information in connection to the submission made through the
158	158	online portal is not a public record and is exempt from the
159	159	Inspection of Public Records Act.
160	160	E. No school employee who in good faith reports any
161	161	known or suspected violation of the school discipline policy or
162	162	in good faith attempts to enforce the policy shall be held
163	163	liable for any civil damages as a result of such report or of
164	164	the employee's efforts to enforce any part of the policy.
165	165	F. All public school and school district discipline
166	166	policies shall allow students to carry and self-administer
167	167	asthma medication and emergency anaphylaxis medication that has
168	168	been legally prescribed to the student by a licensed health
169	169	care provider under the following conditions:
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198	198	(1) the health care provider has instructed
199	199	the student in the correct and responsible use of the
200	200	medication;
201	201	(2) the student has demonstrated to the health
202	202	care provider and the school nurse or other school official the
203	203	skill level necessary to use the medication and any device that
204	204	is necessary to administer the medication as prescribed;
205	205	(3) the health care provider formulates a
206	206	written treatment plan for managing asthma or anaphylaxis
207	207	episodes of the student and for medication use by the student
208	208	during school hours or school-sponsored activities, including
209	209	transit to or from school or school-sponsored activities; and
210	210	(4) the student's parent has completed and
211	211	submitted to the school any written documentation required by
212	212	the school or the school district, including the treatment plan
213	213	required in Paragraph (3) of this subsection and other
214	214	documents related to liability.
215	215	G. The parent of a student who is allowed to carry
216	216	and self-administer asthma medication and emergency anaphylaxis
217	217	medication may provide the school with backup medication that
218	218	shall be kept in a location to which the student has immediate
219	219	access in the event of an asthma or anaphylaxis emergency.
220	220	H. Authorized school personnel who in good faith
221	221	provide a person with backup medication as provided in this
222	222	section shall not be held liable for civil damages as a result
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251	251	of providing the medication.
252	252	I. As used in this section:
253	253	(1) "cultural or religious headdresses"
254	254	includes hijabs, head wraps or other headdresses used as part
255	255	of an individual's personal cultural or religious beliefs;
256	256	(2) "protective hairstyles" includes such
257	257	hairstyles as braids, locs, twists, tight coils or curls,
258	258	cornrows, bantu knots, afros, weaves, wigs or head wraps; and
259	259	(3) "race" includes traits historically
260	260	associated with race, including hair texture, length of hair,
261	261	protective hairstyles or cultural or religious headdresses."
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