State law requires districts to operate alternative school programs or to provide educational services to expelled students in an alternative setting.
New Mexico Statutes 22-2C-6. Remediation programs; promotion policies; restrictions.
H. A student who does not demonstrate academic proficiency for two successive school years shall be referred to the student assistance team for placement in an alternative program designed by the school district. Alternative program plans shall be filed with the department.
I. Promotion and retention decisions affecting a student enrolled in special education shall be made in accordance with the provisions of the individual educational plan established for that student.
J. For the purposes of this section:
- (1) “academic improvement plan” means a written document developed by the student assistance team that describes the specific content Standard required for a certain grade level that a student has not achieved and that prescribes specific remediation programs such as summer school, extended day or week school and tutoring;
- (2) “school-district-determined assessment results” means the results obtained from student assessments developed or adopted by a local school board and conducted at an elementary grade level or middle school level;
- (3) “educational plan for student success” means a student-centered tool developed to define the role of the academic improvement plan within the public school and the school district that addresses methods to improve student learning and success in school and that identifies specific measures of a student’s progress; and
- (4) “student assistance team” means a group consisting of a student’s:
- (a) teacher;
- (b) school counselor;
- (c) school administrator; and
- (d) parent.
New Mexico Statutes 22-5-4.7. Additional student discipline policies; weapon-free schools.
A. In addition to other student discipline policies, each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. The local school board or the superintendent of the school district may modify the expulsion requirement on a case-by-case basis.
B. Student discipline policies shall also provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student requests a due process hearing, then the student shall remain in the alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise.
C. For the purposes of this section, “weapon” means:
- (1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and
- (2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellent charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter-ounce, mine or similar device.