Summary:

 House Bill 464 (HB 464), relating to public schools, provides that a public school shall not deny enrollment to a school-age person on the basis of race, ethnicity, sex, religion, disability, socioeconomic status or residential address. HB 464 limits a local school board’s ability to establish enrollment preferences. HB 464 requires local school boards to determine the capacity of each public school by grade level, post the number of vacancies at least once every 12 weeks and enroll applicants throughout the year on a first-come first-served basis, if capacity allows. HB 464 requires local school boards to report annually to the Public Education Department on enrollment data for each public school and requiring the department to publish that data on the department’s website. HB 464 makes conforming amendments. 

Legislation Overview:

 House Bill 464 provides that public school shall not deny enrollment for a list of reasons and limits a school board’s ability to establish enrollment practices. 
SECTION 1 amends Public schools in Free Public Schools to insert in Subsection C, which addresses enrollment, the following:
A public school shall not deny enrollment to a school-age person on the basis of race, ethnicity, sex, religion, disability, socioeconomic status or residential address.
Subsection E is amended to provide that a local school board shall allow enrollment and re-enrollment of any student at any public school, other than a charter school, within the school district.  Subsection E(5), which pertains to grounds for denial of enrollment or re-enrollment, is amended to remove “and the school district’s hearing and appeals process for such a denial”, which is specified in Subsection F, as inserted:
F. A student's parent aggrieved by a public school's denial of enrollment to the student may appeal the denial to the secretary. The department shall promulgate rules for the process to appeal a denial provided that: (1) only a school's lack of capacity or the grounds for denial set forth in Paragraph (5) of Subsection E of this section may support a denial of enrollment; and (2) the secretary's decision on an appeal shall be made within a reasonable time, shall be in writing and shall be a final decision on the matter.
Subsection G is amended to delete text to specify two enrollment preferences.  This subsection reads:
G. In adopting and promulgating rules governing enrollment and re-enrollment at public schools other than charter schools within the school district, a local school board may establish additional enrollment preferences for rules admitting students. The additional enrollment preferences may include: (1) children of employees employed at the public school; and (2) siblings of students already attending the public school.
Subsection H is amended to remove text that allows the public school enrollment of first- and second-priority persons and text that allows other priorities. Text is inserted to provide that the public school shall enroll other persons applying on a first come-first served basis. If the maximum class size would be exceeded by enrollment of all applicants, the public school shall establish a waiting list and as classroom space becomes available the persons highest on the waiting list shall be notified and given the opportunity to enroll. 
Subsection I and Subsection K are inserted:
 I. A local school board shall determine the capacity of each public school in the local school board's district by grade level; provided that this requirement shall not apply to specialized programs. A public school shall post the number of vacancies for each grade level on the school's website at least once every 12 weeks. If a public school has capacity, the school shall enroll students throughout the school year.
K. A local school board shall report annually to the department on the enrollment data for each public school in the local school board's district, including transfer applications, acceptances, denials, the reason for each denial and the number of resident students who transferred to a school outside of the student's attendance area. The department shall publish the data from these reports annually on the department's website. 

Current Law:

 House Bill 464 addresses Public Schools Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended), which contains language setting priorities for some students for enrollment or re-enrollment in public schools.