2019 New Mexico Statutes
Chapter 22 - Public Schools
Article 5 - Local School Boards
Section 22-5-4.7 - Additional student discipline policies; weapon-free schools.
A. In addition to other student discipline policies, each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. The local school board or the superintendent of the school district may modify the expulsion requirement on a case-by-case basis.
B. Student discipline policies shall also provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student requests a due process hearing, then the student shall remain in the alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise.
C. For the purposes of this section, "weapon" means:
(1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and
(2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellent charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter-ounce, mine or similar device.
History: 1978 Comp., § 22-5-4.7, enacted by Laws 1995, ch. 47, § 1.ANNOTATIONS
Cross references. — For unlawful carrying of deadly weapon on school premises, see 30-7-2.1 NMSA 1978.
Suspension constitutional. — A school's decision to suspend a student who "should have known" he was bringing a weapon onto school property does not violate the student's substantive due process right to a public education, if any such right exists. Butler v. Rio Rancho Pub. Sch. Bd. of Educ., 341 F.3d 1197 (10th Cir. 2003).