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 6.11.2.10 - ENFORCING RULES OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Enforcing attendance requirements. Local school districts and public schools
				shall establish, maintain, and enforce attendance policies and requirements set
				forth in Section
				22-12A-1
				et seq. NMSA 1978, the Attendance for Success Act, and Section
				32A-3A-1 et
				seq. NMSA 1978, the Family Services Act.
B. Search and seizure. School property
				assigned to a student and a student's person or property while under the
				authority of a public school are subject to search, and items found are subject
				to seizure, in accordance with the following requirements:
(1) Notice of search policy. Students shall
				be given reasonable notice, through distribution of written policies or
				otherwise, of each school's policy on searches at the beginning of each school
				year or upon admission for students entering during the school year.
(2) Who may search. Certified school
				personnel, school security personnel and school bus drivers are "authorized
				persons" to conduct searches when a search is permissible as set forth in
				Subsection B of 6.11.2.10 NMAC. An authorized person who is conducting a search
				may request the assistance of one or more people, who upon consent become
				authorized to search for the purpose of that search only.
(3) When a search is permissible. Unless
				local school board policy provides otherwise, an authorized person may conduct
				a search when the authorized person has a reasonable suspicion that a crime or
				other breach of disciplinary rules is occurring or has occurred. An
				administrative authority may direct or conduct a search under the same
				conditions and also when the administrative authority has reasonable cause to
				believe that a search is necessary to help maintain school
				discipline.
(4) Conduct of searches
				and witnesses. The following requirements govern the conduct of permissible
				searches by authorized persons.
(a) School
				property, including lockers and school buses, may be searched with or without
				students present unless a local school board or administrative authority
				provides otherwise. When students are not present for locker searches, another
				authorized person shall serve as a witness whenever possible. Locks furnished
				by students should not be destroyed unless a student refuses to open one or
				circumstances otherwise render such action necessary in the judgment of the
				administrative authority.
(b)
				Student vehicles when on campus or otherwise under school control and students'
				personal effects, which are not within their immediate physical possession, may
				be searched in accordance with the requirements for locker searches in
				Subparagraph (a) of Paragraph (4) of Subsection B of 6.11.2.10 NMAC.
(c) Physical searches of a student's person
				may be conducted only by an authorized person of the same sex as the student
				and, except when circumstances render it impossible, may be conducted only in
				the presence of another authorized person of the same sex. The extent of the
				search must be reasonably related to the infraction, and the search shall not
				be excessively intrusive in light of the student's age and sex, and the nature
				of the infraction.
(5)
				Seizure of items. Illegal items, legal items which threaten the safety or
				security of others and items which are used to disrupt or interfere with the
				educational process may be seized by authorized persons. Seized items shall be
				released to appropriate authorities or a student's parent or returned to the
				student when and if the administrative authority deems appropriate.
(6) Notification of law enforcement
				authorities. Unless a local school board policy provides otherwise, an
				administrative authority shall have discretion to notify the local children's
				court attorney, district attorney, or other law enforcement officers when a
				search discloses illegally possessed contraband material or evidence of some
				other crime or delinquent act.