N.M. Stat. § 22-5-4.11
Psychotropic medication; prohibition on compulsion.
A. Each local school board or governing body shall develop and promulgate policies
that prohibit school personnel from denying any student access to programs or services
because the parent or guardian of the student has refused to place the student on
psychotropic medication.
B. School personnel may share school-based observations of a student's academic,
functional and behavioral performance with the student's parent or guardian and offer
program options and other forms of assistance that are available to the parent or
guardian and the student based on those observations. However, an employee or agent
of a school district or governing body shall not compel or attempt to compel any specific
actions by the parent or guardian or require that a student take a psychotropic
medication.
C. School personnel shall not require a student to undergo psychological screening
unless the parent or guardian of that student gives prior written consent before each
instance of psychological screening.
D. Nothing in this act shall be construed to create a prohibition against a teacher or
other school personnel from consulting or sharing a classroom-based observation with a
parent or guardian regarding:
(1)
a student's academic and functional performance;
(2)
a student's behavior in the classroom or school; or
(3)
the need for evaluation for special education or related services.
E. As used in this section:
(1)
"psychotropic medication" means a drug that shall not be dispensed or
administered without a prescription, whose primary indication for use has been
approved by the federal food and drug administration for the treatment of mental
disorders and that is listed as a psychotherapeutic agent in drug facts and comparisons
or in the American hospital formulary service; and
(2)
"school personnel" means school personnel that the department has
licensed.