N.M. Stat. § 22-13-33
Appointing a point of contact person for certain students.
A. As used in this section:
(1)
"foster care" means twenty-four-hour substitute care for a student placed
away from the student's parents or guardians and for whom the children, youth and
families department has placement and care responsibility, including placements in
foster family homes, foster homes of relatives, group homes, emergency shelters,
treatment foster homes, residential facilities, child care institutions and preadoptive
homes. For the purposes of this section, a student is in foster care regardless of
whether the foster care facility is licensed and payments are made by the state, tribal or
local agency for the care of the student, whether adoption subsidy payments are being
made prior to the finalization of an adoption or whether there is federal matching of any
payments that are made; and
(2)
"involved in the juvenile justice system" means a student who has been
referred to the children, youth and families department due to allegations that the
student has committed a delinquent offense and voluntary or involuntary conditions
have been imposed on the student, including a student who is participating in a
diversion program, is under a consent decree or time waiver, is currently supervised by
the children, youth and families department, has recently entered or left a juvenile or
criminal justice placement or is on supervised release or parole.
B. Each school district and charter school authorized by the department shall
designate an individual to serve as a point of contact for students in foster care and
students involved in the juvenile justice system. Charter schools authorized by school
districts shall use the district's point of contact. Multiple school districts or charter
schools authorized by the department may share a single designated point of contact
with approval from the department and from the children, youth and families
department.
C. For students transferring into the school district or charter school authorized by
the department, the point of contact person shall be responsible for:
(1)
ensuring that a student is immediately enrolled regardless of whether the
records normally required for enrollment are produced by the last school the student
attended or by the student;
(2)
ensuring that the enrolling school communicates with the last school
attended by a transferring student to obtain relevant academic and other records within
two business days of the student's enrollment;
(3)
ensuring that the enrolling school performs a timely transfer of credits that
the student earned in the last school attended; and
(4)
collaborating with the education program staff in a juvenile or criminal
justice placement and the educational decision maker appointed by the children's court
to create and implement a plan for assisting the transition of a student to the school
district or charter school authorized by the department to minimize disruption to the
student's education.
D. For students transferring out of the school district or charter school authorized by
the department, the point of contact person shall be responsible for providing all records
to the new school within two business days of receiving a request from the receiving
school.
E. For students in foster care, the point of contact person shall be responsible for:
(1)
complying with state policies and developing school district or charter
school policies in collaboration with the children, youth and families department for:
(a) best interest determinations about whether the student will remain in the
school of origin;
(b) transportation policies to ensure that students receive transportation to
their school of origin if it is in their best interest to remain in the school of origin; and
(c) dispute resolution;
(2)
convening or participating in best interest determination meetings in
collaboration with the children, youth and families department pursuant to state policies
and the school district's or charter school authorized by the department's policies; and
(3)
ensuring that transportation occurs to the student's school of origin
pursuant to the school district's or charter school authorized by the department's
policies and in compliance with state policies.
F. For students in foster care and students involved in the juvenile justice system,
the point of contact person shall be responsible for:
(1)
ensuring that a student has equal opportunity to participate in sports and
other extracurricular activities, career and technical programs or other special programs
for which the student qualifies;
(2)
ensuring that a student in high school receives timely and ongoing
assistance and advice from counselors to improve the student's college and career
readiness;
(3)
ensuring that a student receives all special education services and
accommodations to which the student is entitled under state and federal law;
(4)
identifying school staff at each school site who can ensure that students
are appropriately supported throughout their enrollment;
(5)
supporting communication among the school; the children, youth and
families department; the student; the student's educational decision maker appointed by
the children's court; caregivers; and other supportive individuals that the student
identifies to ensure that the responsibilities listed in this subsection are implemented;
and
(6)
ensuring that other school staff and teachers have access to training and
resources about the educational challenges and needs of system-involved youth,
including trauma-informed practices and the impact of trauma on learning.
G. The children, youth and families department shall notify a school when a student
in the school enters foster care or a student in foster care enrolls in a school.
H. The student or the student's educational decision maker may notify a school that
the student is involved in the juvenile justice system to obtain support and services from
the point of contact.