2020 New Mexico Statutes
Chapter 22 - Public Schools
Article 34 - Student Diabetes Management
Section 22-34-9 - Enforcement.

A. Governing bodies shall provide a report to the public education department by October 15, 2020 and by each October 15 thereafter. The report shall:

(1) state how many students with diabetes are attending schools in each school district; and

(2) provide documentation regarding the compliance of the school district with the provisions of the Student Diabetes Management Act.

B. By December 31, 2019, the secretary of public education shall establish by rule the format of the report required pursuant to Subsection A of this section and the criteria for documentation.

C. The public education department shall publish each report required pursuant to Subsection A of this section on its website by November 15, 2020 and by each November 15 thereafter.

D. Students with diabetes and their parents or guardians may bring an administrative complaint with the public education department against any school or governing body that fails to meet its obligations to train school personnel to provide diabetes care as provided in Section 3 [22-34-3 NMSA 1978] of the Student Diabetes Management Act, to provide the diabetes care described in Section 5 [22-34-5 NMSA 1978] of the Student Diabetes Management Act or to permit self-management of diabetes as outlined in Section 8 [22-34-8 NMSA 1978] of the Student Diabetes Management Act. This right of action shall not alter or limit the remedies 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.

History: Laws 2019, ch. 22, § 9.

Cross references. — For the federal Individuals with Disabilities Education Act, see 20 U.S.C. § 1400 et seq.

For the federal Rehabilitation Act, see 29 U.S.C. § 701 et seq.

For the federal Americans with Disabilities Act of 1990, see Titles 29, 42 and 47 of the U.S.C.

Effective dates. — Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.