New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.