reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.9 - EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section 8 of
				this rule shall not include the lawful possession or use of a tobacco-cessation
				product approved by the United States food and drug administration.
B. It shall not be a violation of this policy
				for a person to possess or provide tobacco or lighters to any other person as
				part of an indigenous practice or a lawfully recognized religious, spiritual,
				or cultural ceremony or practice. It shall not be a violation of this policy to
				use tobacco or a lighter as part of an educational experience related to
				indigenous tobacco practices that has been approved by
				administration.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 5 - NUTRITION: IMPLEMENTATION OF FEDERAL REQUIREMENTS FOR COMPETITIVE FOODS › Section 6.12.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to New Mexico schools that participate in
				  programs authorized by the Richard B. Russell National School Lunch Act and the
				  Child Nutrition Act of 1966 unless otherwise expressly
				  limited.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 5 - NUTRITION: IMPLEMENTATION OF FEDERAL REQUIREMENTS FOR COMPETITIVE FOODS › Section 6.12.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Sections
				  22-2-1
				  and
				  9-24-8,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 5 - NUTRITION: IMPLEMENTATION OF FEDERAL REQUIREMENTS FOR COMPETITIVE FOODS › Section 6.12.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2014, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 5 - NUTRITION: IMPLEMENTATION OF FEDERAL REQUIREMENTS FOR COMPETITIVE FOODS › Section 6.12.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule addresses the sale of competitive food sold to
				  children attending New Mexico schools that participate in a United States
				  department of agriculture school meal program.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 5 - NUTRITION: IMPLEMENTATION OF FEDERAL REQUIREMENTS FOR COMPETITIVE FOODS › Section 6.12.5.8 - IMPLEMENTATION OF FEDERAL REQUIREMENTS FOR COMPETITIVE FOODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms defined by federal laws and
				regulations. Terms defined in United States agriculture department competitive
				foods rules at
				7
				CFR 210.11 and
				7 CFR
				210.11a implementing the all foods sold in
				schools and smart snacks provisions of the Healthy, Hunger-Free Kids Act of
				2010, the Richard B. Russell National School Lunch Act and the Child Nutrition
				Act of 1966 are incorporated for purposes of these rules.
B. Federal law, rule and guidance limitations
				regarding beverages and foods sold in schools shall govern the participation in
				and implementation of New Mexico school meal programs authorized by the Richard
				B. Russell National School Lunch Act and the Child Nutrition Act of 1966,
				except that the public education department shall set a limit on the number of
				fundraisers permitted on a school campus during each school term. A fundraiser
				is a sale on a school campus to benefit a school or school organization of
				beverage or food products limited by a United States department of agriculture
				school meal program for use, consumption or sale during the school day. No
				fundraiser may be conducted in competition with school meals in the food
				service area during meal service. A fundraiser may be conducted only for up to
				one school day on two occasions per semester or trimester term in a school that
				participates in United States department of agriculture school meal
				programs.
C. A wellness policy
				created pursuant to requirements of 6.12.6 NMAC shall incorporate the
				limitations stated in Subsection B of this section in annual assurances by a
				school district or a charter school to the New Mexico public education
				department. Such assurances shall be reviewed in conjunction with the
				administrative review of a school food authority.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 6 - SCHOOL DISTRICT WELLNESS POLICY › Section 6.12.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to public schools in New Mexico
				  unless otherwise expressly limited.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 6 - SCHOOL DISTRICT WELLNESS POLICY › Section 6.12.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Sections
				  22-2-1
				  and
				  9-24-8
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 6 - SCHOOL DISTRICT WELLNESS POLICY › Section 6.12.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 28, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 6 - SCHOOL DISTRICT WELLNESS POLICY › Section 6.12.6.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section
				applies to local school boards, local school districts, and charter schools and
				governs policies to be implemented by local school districts with regards to
				student and school employee wellness.
B. Each school district and charter school
				shall develop and implement a policy that addresses student and school employee
				wellness through a coordinated school health approach.
C. Each school district and charter school
				shall submit the wellness policy to the public education department for
				approval.
(1) Sections of the wellness policy
				that meet the requirements set forth in Paragraphs (3), (4), (5) and (10) of
				Subsection D and the requirements set forth in Subsection E of this section
				shall be submitted to the public education department on or before August 30,
				2006.
(2) Sections of the wellness
				policy that meet the requirements set forth in Paragraphs (1), (2), (6), (7),
				(8) and (9) of Subsection D of this section shall be submitted to the public
				education department on or before January 30, 2007.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to school districts, local school boards,
				  state-chartered charter schools and governing bodies.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated by the secretary of the department
				  and the department under the authority of Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  and
				  22-35-1
				  through
				  22-35-5
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 12, 2019, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish requirements for local school boards and public
				  schools, including charter schools and governing bodies, to develop and
				  implement bullying prevention policies and programs and to report on the
				  implementation of the Safe Schools for All Students Act per the parameters
				  established within the provisions of this rule.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Bullying"
means any severe, pervasive, or persistent act or
				conduct that targets a student, whether physically, electronically, or
				verbally, and that:
(1) may be based on a
				student's actual or perceived race, religion, color, national origin, ancestry,
				sex, sexual orientation, gender identify, spousal affiliation, physical or
				cognitive disability, or any other distinguishing characteristic; or an
				association with a person, or group with any person, with one or more of the
				actual or perceived distinguishing characteristics; and
(2) can be reasonably predicted to:
(a) place a student in reasonable fear of
				physical harm to the student's person or property;
(b) cause a substantial detrimental effect on
				a student's physical or mental health;
(c) substantially interfere with a student's
				academic performance, attendance, or participation in extracurricular
				activities; or
(d) substantially
				interfere with a student's ability to participate in or benefit from the
				services, activities, or privileges provided by a school or school-affiliated
				entity.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.8 - BULLYING PREVENTION POLICIES - ADOPTION AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. By January 1,
				2020, each local school board or governing body shall adopt and enforce
				policies to:
(1) prevent bullying and
				cyberbullying:
(a) on its property, including
				electronic communication on or with the use of its property;
(b) at school or district-sponsored events;
				and
(c) on any school-sponsored
				transportation; and
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.9 - BULLYING PREVENTION PROGRAMS - ESTABLISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Following adoption of a bullying
				prevention policy, each public school shall:
(1) establish an annual bullying prevention
				program for students aligned with New Mexico's health education content
				standards with benchmarks and performance standards;
(2) provide annual training beginning with
				the 2020-2021 school year and each school year thereafter on bullying
				prevention to all school personnel and regular volunteers who have significant
				contact with students; and
(3)
				incorporate information on the bullying prevention policy into new employee
				training.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 7 - SAFE SCHOOLS FOR ALL STUDENTS › Section 6.12.7.10 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 8 - DIABETES SELF-MANAGEMENT BY STUDENTS IN THE SCHOOL SETTING › Section 6.12.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to students enrolled in public, private,
				  home or parochial schools in New Mexico unless otherwise expressly
				  limited.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 8 - DIABETES SELF-MANAGEMENT BY STUDENTS IN THE SCHOOL SETTING › Section 6.12.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to the Department of Health
				  Act, Section 9-7-6(E) and the Public Health Act, Sections 24-1-3(B), 24-1-3(G),
				  and 24-1-3(O) NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 8 - DIABETES SELF-MANAGEMENT BY STUDENTS IN THE SCHOOL SETTING › Section 6.12.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 2009 unless a later date is cited in the history
				  at the end of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 8 - DIABETES SELF-MANAGEMENT BY STUDENTS IN THE SCHOOL SETTING › Section 6.12.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to grant students who are
				  authorized pursuant to this rule the right to self-manage their diabetes care
				  in the school setting and to develop mechanisms that support safe diabetes
				  self-management in the school environment.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 8 - DIABETES SELF-MANAGEMENT BY STUDENTS IN THE SCHOOL SETTING › Section 6.12.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Developmental
				level" means the appropriate age-specific stage of emotional, mental and
				physical growth as determined by the school nurse or other designated
				registered nurse or clinician.
B.
				"Equipment and supplies" means those materials required to store or dispose of
				sharps, to perform self-assessment procedures, or to self-administer
				medication.
C. "Health care
				practitioner" means a person authorized under law in New Mexico to prescribe
				drugs for the treatment of diabetes and associated medical
				conditions.
D. "Individualized
				healthcare plan" means a written plan that identifies the student's health care
				needs and is developed by the school nurse or designated registered nurse or
				clinician cooperatively with the student and parent or guardian based on the
				orders provided by the student's health care practitioner.
E. "Medication" means a drug as that term is
				defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (
				21 U.S.C.
				321 ) and includes oral and non-oral drugs in
				a pharmacy-labeled container.
F.
				"Other designated registered nurse or clinician" means a registered nurse or
				clinician designated by the school district to act in the capacity of a school
				nurse.
G. "School nurse" means a
				registered nurse (RN), clinical nurse specialist (CNS) or certified nurse
				practitioner (CNP) licensed by the New Mexico public education department to
				provide nursing services in the school setting.
H. "Self-administration" means a student's
				own use of prescribed diabetes medication pursuant to a prescription from a
				health care practitioner.
I.
				"Self-assessment' means a student's monitoring of his/her blood glucose levels
				and for the presence of ketones.
J.
				"Sharps" means a device with a keen edge or sharp point used to puncture the
				skin for the purpose of self-assessment or a needle used to inject
				medication.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department, hereinafter the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public schools, bureau of Indian education schools,
				  state-supported schools, state-sponsored schools, and residential child care
				  institutions eligible to participate in the breakfast program established by
				  Section
				  22-13-13.2
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-13-13.2,
				  and
				  9-24-8
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 28, 2020 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the standards, procedures for waiver requests
				  and the award of waivers, and procedures for funding necessary to implement the
				  breakfast program established by Section
				  22-13-13.2
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.8 - BREAKFAST PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All eligible schools shall establish a
				breakfast program unless the school is granted a waiver by the department
				pursuant to
				6.12.9.9
				NMAC.
B. Voluntary schools may
				establish a breakfast program provided that state funding is available and the
				voluntary school complies with 6.12.9 NMAC and applicable state and federal
				laws.
C. Eligible and voluntary
				schools participating in the breakfast program shall offer breakfast to all
				eligible students, including to students arriving as much as two hours after
				the start of the instructional day.
D. Eligible and voluntary schools serving
				breakfast may:
(1) choose to offer breakfast
				service before the start of the instructional day, provided that the school
				shall also serve breakfast after the beginning of the instructional
				day;
(2) select the location of
				breakfast delivery, including the cafeteria, classroom, bus, or by providing a
				hand-carried breakfast; and
(3)
				determine whether or not instruction will occur simultaneously while breakfast
				is served or consumed.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.9 - BREAKFAST PROGRAM WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligible schools may apply for a waiver of breakfast program participation if
				the eligible school can demonstrate that implementation of the breakfast
				program will result in financial hardship.
B. Waiver requests shall be submitted using
				the department's breakfast program waiver request form no later than 30
				calendar days after receiving a breakfast award.
C. Breakfast program waivers for eligible
				schools shall be posted on the department's website.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.10 - FUNDING OF BREAKFAST PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				CEP schools with a post-multiplier amount of one-hundred percent or higher
				shall not be eligible to receive a breakfast program award.
B. CEP schools with a post-multiplier amount
				greater than eighty-five percent but less than one-hundred percent shall be
				considered an eligible school and shall receive a breakfast program award. The
				award shall be for the amount calculated by subtracting the school's
				post-multiplier amount from one-hundred percent.
C. Provision 1, 2, and 3 schools may be
				eligible for the breakfast program and shall be reimbursed at the federal
				reduced and free paid rates.
D. The
				department shall award eligible public schools serving students in grades 7
				through 12 based on availability of funding.
E. The department shall award voluntary
				schools funding after all funds for eligible schools have been disbursed.
(1) The department shall award voluntary
				schools with the highest percentage of enrolled students eligible for free and
				reduced-lunch first.
(2) The
				department shall provide voluntary schools a preliminary estimate of funding to
				be used for planning purposes within 30 calendar days of the release of the
				federal reimbursement rate.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to school districts, local school boards,
				  state-chartered charter schools and governing bodies.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2
				  and 22-33-5 NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 27, 2019, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide parameters for the
				  possession, storage, and administration of medical cannabis to qualified
				  students for use in school settings.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.8 - POSSESSION, STORAGE, AND ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Policies and Procedures.
Each
				local school board or governing body shall establish policies and procedures
				for the possession, storage, and administration of medical cannabis that:
(1) address the administration of medical
				cannabis in school settings during the school day by:
(a) primary caregivers; and/or
(b) designated school personnel;
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.9 - PRIMARY CAREGIVER

Current through Register Vol. 35, No. 13, July 16, 2024
School districts and charter schools' policies and
				  procedures regarding primary caregivers' responsibilities shall address a
				  primary caregiver's duty to:
A.
				Demonstrate evidence to the school that the student is authorized as a
				qualified patient pursuant to the Lynn and Erin Compassionate Use
				Act.
B. Provide a written
				certification.
C. provide a written
				treatment plan, using the written treatment form posted on the department's
				website.
D. Submit a written
				release of liability that:
(1) releases from
				civil liability the following persons and entities for acting in accordance
				with the provisions of Section 22-33-5 NMSA 1978 and this rule, as well as the
				Lynn and Erin Compassionate Use Act and applicable department of health rules:
(a) school districts, school district
				personnel and volunteers, schools, school personnel and volunteers, local
				school boards, and local school board members; and
(b) charter schools, charter school personnel
				and volunteers, governing bodies of charter schools, and governing body
				members;
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.10 - DESIGNATED SCHOOL PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
For each local school board or governing body that identifies
				  the school personnel who will serve as designated school personnel under
				  Section 22-33-5 NMSA 1978, policies shall address possession, storage, and
				  administration of medical cannabis to a qualified student.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.11 - STUDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each school
				district and charter school shall ban a student's possession, use,
				distribution, sale, or being under the influence of a cannabis product in a
				manner inconsistent with provisions of the Lynn and Erin Compassionate Use
				Act.
B. No school shall discipline
				a student who is a qualified student on the basis that the student requires
				medical cannabis as necessary for the student to attend school.
C. No school shall deny eligibility to attend
				school to a qualified student on the basis that the qualified student requires
				medical cannabis as a reasonable accommodation necessary for the student to
				attend school or an in-state school-sponsored activity.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.12 - EXEMPTION FROM RULE; APPEAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A school district or charter school may
				seek an exemption from implementing the provisions of this rule if it receives
				written communication from the federal government that implementation would
				result in federal education funding being withheld or withdrawn. The school
				district or charter school shall deliver electronically such written
				communication from the federal government to the secretary, who shall review
				the written communication for compliance with this paragraph. After the
				secretary confirms compliance with this paragraph, the school district or
				charter school shall post on its website the written communication from the
				federal government and notice of the exemption from implementing the provisions
				of this rule.
B. A primary
				caregiver may appeal the school district's or charter school's exemption by
				submitting a signed letter to the secretary containing a statement of the facts
				on which the appeal is based, detailing the basis of the appeal. The secretary
				or secretary's designee may require additional documentation to be provided by
				the primary caregiver, school district, or charter school before responding to
				the appeal. Such additional documentation, if requested, shall be due within 10
				days of the request. The secretary shall provide a written response with a
				final decision within 30 days of receipt of the appeal or within 30 days of
				receipt of the additional documentation requested, whichever is later. The
				secretary, at the secretary's discretion, may require a hearing, to be
				conducted within 60 days of receipt of the appeal, and to include a
				representative of the school district or charter school, before the secretary
				or secretary's designee. The secretary shall issue a final decision within 30
				days of the hearing.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.13 - EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with this rule and New Mexico department of
				  health rules:
A. Designated school
				personnel shall be exempt from civil liability and are authorized within their
				scope of employment, and their licensure if applicable, to possess, store, and
				administer cannabis to qualified students in school settings for purposes of
				implementing the provisions of Section 22-33-5 NMSA 1978, this rule, the Lynn
				and Erin Compassionate Use Act, and New Mexico department of health rules
				regarding the Lynn and Erin Compassionate Use Act.
B. Designated school personnel shall be
				exempt from criminal liability, as the department of health deems public
				schools to be licensees, and deems designated school personnel to be licensee
				representatives, authorized within their scope of employment, and their
				licensure if applicable, to possess and store medical cannabis on behalf of
				qualified students, and to administer medical cannabis to qualified students in
				school settings, in accordance with Section 22-33-5 NMSA 1978, this rule, the
				Lynn and Erin Compassionate Use Act, and New Mexico department of health rules
				regarding the Lynn and Erin Compassionate Use Act. The department of health
				deems the public schools and designated school personnel to be entitled to
				immunity from arrest, prosecution or penalty, in any manner, for activities
				conducted within their scope of employment and their licensure, if applicable,
				and in accordance with the Public School Code.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.14 - HEMP EXEMPTED

Current through Register Vol. 35, No. 13, July 16, 2024
School districts and charter schools are encouraged to have
				  policies and procedures relating to hemp, which is not subject to the same
				  civil or criminal laws as cannabis or medical cannabis.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to school districts, local school boards,
				  state-chartered charter schools and governing bodies, and private
				  schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated by the secretary of public education
				  and the public education department under the authority of Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  and 22-34-1 through 22-34-9 NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 26, 2019, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide parameters for
				  diabetes care personnel training and diabetes care management of students with
				  diabetes in public schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Diabetes"
means a metabolic disorder of type one or type two
				diabetes mellitus, complications related to diabetes mellitus, or
				prediabetes.
B.
"Diabetes
				care personnel"
means a school employee who volunteers to be trained and
				is trained in accordance with the provisions of this rule.
C.
"Diabetes medical management
				plan"
means a document developed and signed by a student's personal
				health care practitioner and parent or guardian that describes the health
				services a student needs at school.
D.
"Governing body"
means:
(1) the school board of a school
				district;
(2) the entity that
				governs a state-chartered or locally chartered charter school; or
(3) the entity that governs a private
				school.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.8 - DIABETES CARE PERSONNEL TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each governing body shall ensure annual diabetes training programs are provided
				to all school nurses and diabetes care personnel. Training content for the
				annual diabetes training program, at a minimum, shall include:
(1) identification and treatment of
				hyperglycemia and hypoglycemia;
(2)
				appropriate actions to take when blood glucose levels are outside the target
				ranges indicated by a student's diabetes medical management plan;
(3) understanding interpretation of health
				care practitioner instructions regarding diabetes medication drug dosage,
				frequency, and manner of administration;
(4) performance of finger stick blood glucose
				testing, scanning of continuous glucose monitors, ketone testing, and recording
				of results;
(5) administration of
				glucagon and insulin and recording of results;
(6) administration of glucagon and insulin
				through the insulin delivery system;
(7) recognizing diabetes-related
				complications that require emergency assistance; and
(8) recommended schedules for food intake,
				the effect of physical activity upon blood glucose levels, and appropriate
				actions to be implemented in the case of a schedule disruption.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.9 - DIABETES MEDICAL MANAGEMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The parent or legal guardian of the
				student with diabetes who seeks diabetes care while at school shall submit a
				diabetes medical management plan to the school.
B. Each school that receives a diabetes
				medical management plan shall review and implement the plan.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.10 - SCHOOL DIABETES CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				governing body shall ensure that all students diagnosed with diabetes receive
				appropriate and necessary diabetes care as specified in the student's diabetes
				medical management plan.
B. In
				accordance with the request of a parent or guardian of a student with diabetes
				and the student's diabetes medical management plan, a school nurse, or in the
				absence of a school nurse, diabetes care personnel shall perform diabetes care
				functions that may include:
(1) checking and
				recording the student's blood glucose or ketone levels and assisting the
				student with recording these levels;
(2) responding to blood glucose levels that
				are outside of the student's target range;
(3) administering glucagon and other
				emergency treatments as prescribed;
(4) administering insulin or assisting a
				student in administering insulin;
(5) providing oral diabetes medications as
				prescribed; and
(6) following
				instructions regarding meals, snacks and physical activity.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.11 - SCHOOL ASSIGNMENT: DIABETES CARE PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Students diagnosed with diabetes shall
				attend the school they would otherwise attend if they were not diagnosed with
				diabetes, and the diabetes care specified in the student's diabetes medical
				management plan shall be provided at the student's school.
B. Each governing body shall not restrict a
				student diagnosed with diabetes from attending any school on the basis that;
(1) the student is diagnosed with
				diabetes;
(2) the school does not
				have a full-time school nurse; or
(3) the school does not have trained diabetes
				care personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.12 - DIABETES SELF-MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				written request of a parent or guardian of a student with diabetes and
				authorization by the student's diabetes medical management plan, and upon
				demonstrated proficiency, a student shall be permitted to:
(1) perform self-management blood glucose
				monitoring to check blood glucose and ketones;
(2) administer prescribed medication for the
				treatment of diabetes including the self-administration of insulin through the
				insulin delivery system that the student uses as determined in the student's
				diabetes medical management plan;
(3) treat hyperglycemia as determined in the
				student's diabetes medical management plan; and
(4) treat hypoglycemia as determined in the
				student's diabetes medical management plan.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.13 - ENFORCEMENT AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				student with diabetes and the student's parent or guardian may submit a written
				administrative complaint, via e-mail or via mail, to the secretary or
				secretary's designee containing a statement of the facts on which the complaint
				is based specific to any school or governing body that fails to meet its
				obligations to train school personnel to provide diabetes care, or to permit
				self-management of diabetes per the Student Diabetes Management Act. The
				secretary or secretary's designee may require additional documentation to be
				provided by the parent or guardian, school district or charter school before
				responding to the complaint. Such additional documentation, if requested, shall
				be due within 10 days of the request. The secretary or secretary's designee, at
				the secretary's discretion, may require a hearing to be conducted within 60
				days of receipt of the complaint or additional documentation, whichever is
				later, and to include a representative of the school district or charter
				school, before the secretary or secretary's designee. The secretary or the
				secretary's designee shall provide a written response with a final decision
				within 30 days of receipt of the complaint or within 30 days of the hearing's
				conclusion, whichever is later.
B.
				Governing bodies shall report the following data to the department annually, no
				later than October 15, in a format required by the department for the preceding
				school year:
(1) the number of students
				within the school district or state charter school with a diagnosis of
				diabetes;
(2) the number of school
				sites attended by students with diabetes;
(3) the number of designated diabetes care
				personnel trained in diabetes management; and
(4) the number of additional staff members
				trained in diabetes management, not including assigned diabetes care
				personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 11 - STUDENT DIABETES MANAGEMENT › Section 6.12.11.14 - APPLICATION OF OTHER LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				provisions in this rule shall not constitute the practice of nursing and school
				districts and governing bodies shall be exempted from all applicable statutory
				or regulatory provisions that restrict what activities can be delegated to or
				performed by a person who is not a licensed health care practitioner in the
				provision of diabetes care as provided within this rule.
B. The provisions in this rule shall not
				alter, diminish or limit the rights and remedies of eligible students and
				parents or guardians as made available under any other state or federal law,
				including Section 504 of the Federal Rehabilitation Act, the Federal Americans
				with Disabilities Act of 1990 and the Federal Individuals with Disabilities
				Education Act.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 12 - ARMED PUBLIC SCHOOL SECURITY PERSONNEL › Section 6.12.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to school districts, local school boards,
				  state-chartered charter schools, and governing bodies of charter
				  schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 12 - ARMED PUBLIC SCHOOL SECURITY PERSONNEL › Section 6.12.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  22-5-18,
				  22-10A-5,
				  22-10A-40,
				  22-10A-41, and
				  28-2-4
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 12 - ARMED PUBLIC SCHOOL SECURITY PERSONNEL › Section 6.12.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 28, 2020, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 12 - ARMED PUBLIC SCHOOL SECURITY PERSONNEL › Section 6.12.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide parameters for a
				  local school board or governing body of a charter school to authorize formerly
				  certified and commissioned law enforcement officers employed by a school
				  district or charter school as school security personnel to carry a firearm on
				  school premises or other school property to mitigate loss of life during an
				  emergency and until local law enforcement arrives.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 12 - ARMED PUBLIC SCHOOL SECURITY PERSONNEL › Section 6.12.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Firearm"
means a handgun, as recommended by the department of
				public safety and authorized by the public school insurance authority, adopted
				for use by a local law enforcement agency in the jurisdiction within which a
				school district or charter school is located.
B.
"School premises"
means:
(1) the building and grounds, including
				playgrounds, playing fields, and parking areas, and any school bus or vehicle
				of a public school, whether owned or under contract by the school district or
				charter school, in or on which school or school-related activities are being
				conducted under the supervision of the local school board or governing body of
				a charter school; or
(2) any other
				public buildings or grounds, including playing fields and parking areas that
				are not public school property, in or on which school-related and
				school-sanctioned activities are being performed.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 12 - ARMED PUBLIC SCHOOL SECURITY PERSONNEL › Section 6.12.12.8 - PROHIBITION OF EMPLOYMENT AS SCHOOL SECURITY PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
Persons prohibited from employment as school security
				  personnel include the following:
A. an
				individual who has been convicted of a felony or a misdemeanor involving moral
				turpitude and the criminal conviction relates to the employment as school
				security personnel;
B. an
				individual who has been convicted of trafficking in controlled substances,
				criminal sexual penetration or a related sexual offense, child abuse, or sexual
				exploitation of children;
C. an
				individual who has been subject to an employment investigation under Subsection
				H of Section
				22-10A-5
				NMSA 1978 that resulted in a finding of ethical misconduct, including:
(1) inappropriate touching;
(2) sexual harassment;
(3) sexual assault;
(4) sexual abuse;
(5) discrimination; or
(6) behavior intended to induce a child into
				engaging in illegal, immoral, or other prohibited behavior.