N.M. Admin. Code § 6.11.2.8 - GENERAL PROVISIONS
A.
Jurisdiction over students. Public school authorities, which include all
officials, employees and authorized agents of public schools, whose
responsibilities include supervision of students shall have comprehensive
authority within constitutional bounds to maintain order and discipline in
school. In exercising this authority, such officials, employees, and authorized
agents of public schools may exercise such powers of control, supervision, and
correction over students as may be reasonably necessary to enable them to
properly perform their duties and accomplish the purposes of education. This
authority applies whenever students are lawfully subject to the schools'
control, regardless of place. During such periods, public school authorities
shall have the right to supervise and control the conduct of students, and
students shall have the duty to submit to the schools' authority. The foregoing
is intended to reflect the common law regarding the rights, duties, and
liabilities of public school authorities in supervising, controlling and
disciplining students. Nothing herein shall be construed as enlarging the
liability of public school authorities beyond that imposed by statute, common
law, or department rule.
B. School
authority over non-students. In furtherance of the state's compelling interest
in the orderly operation of public schools and school activities, school
officials have the following forms of authority over non-students whose actions
adversely affect school operations or activities.
(1) On school property: Local school boards
may prohibit entry to and provide for the removal from any public school
building or grounds any person who refuses to identify themselves and state a
lawful purpose for entering. Any person who refuses to identify themselves may
be removed by school authorities, who may use reasonable physical force to
accomplish the removal. Alternately, a person who refuses to identify
themselves and who refuses a lawful request to leave school premises may be
subject to arrest by law enforcement officers for criminal offenses including
but not limited to criminal trespass, interference with the educational
process, or disorderly conduct. A person who identifies themselves and states a
lawful purpose may nevertheless be subject to removal by school officials for
engaging in activities prohibited by this rule. The person may also be subject
to arrest by law enforcement officers if the person is committing any
crime.
(2) Off school property:
Public school authorities have indirect and limited authority over the
activities of non-students off school property. To the extent that
non-students' conduct at or near schools or school-sponsored activities may
constitute a criminal offense, including the crimes of interference with the
educational process, disorderly conduct or criminal trespass after refusing a
lawful request to leave, school authorities may request law enforcement
agencies to arrest the offenders.
C. Statement of policy. A primary
responsibility of New Mexico public schools and their professional staff shall
be to instill in students an appreciation of our representative form of
government, the rights and responsibilities of the individual or group, and the
legal processes whereby necessary changes are effected.
(1) The school is a community and the rules
of a school are the laws of that community. All persons enjoying the rights of
citizenship are subject to the laws of their community. Each right carries with
it a corresponding obligation.
(2)
The right to attend public school is not absolute. It is conditioned on each
student's acceptance of the obligation to abide by the lawful rules of the
school community until and unless the rules are changed through lawful
processes.
(3) Teachers,
administrators, and other school employees also have rights and duties.
Teachers are required by law to maintain a suitable environment for learning in
their classes and to assist in maintaining school order and discipline.
Administrators are responsible for maintaining and facilitating the educational
program by ensuring an orderly and safe environment in public schools. In
discharging their duties, all school employees have the right to be free from
intimidation or abuse and to have their lawful requests and instructions
followed.
(4) Nothing in this rule
shall be held to affect the due process rights of school employees or their use
of any local school district grievance procedure. This rule does not address
employment disputes.
D.
Local school board authority: Local school boards have the authority and
responsibility to ensure that suitable rules of student conduct and appropriate
disciplinary processes are established within their school districts. Within
legal limits as defined in Subsection L. of
6.11.2.7 NMAC, and subject to the
minimums prescribed in this rule, local school boards have discretion to
develop such rules, policies, and procedures as they deem appropriate to local
conditions, including policies which afford students more protection than the
minimums established here. Local school boards and administrative authorities
which deem it appropriate may provide for student, community or appropriate
state and local agency participation in the formulation and enforcement of
school rules.
E. Severability. Any
part of this rule found by adjudication before a competent tribunal to be
contrary to law shall be stricken without effect to the remainder.
Notes
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