HB 132 SCHOOL ABSENTEEISM ENFORCEMENT

Rep Luis M Terrazas

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 132 (HB 132) expands Public Schools enforcement provisions to reduce excessive absenteeism. HB 132 makes it a crime for a parent of an excessively absent to student to continue being absent and provides penalties for parents and students.
 

 House Bill 132 (HB 132) enhances and expands enforcement provisions to reduce excessive absenteeism.

SECTION 1 amends Public Schools Section 22-12A-12 NMSA 1978 (being Laws 2019, Chapter 223, Section 12) to make it a crime for parents to allow continued absences and adds penalties.

Subsection B is amended to remove the word “unexcused”  to include all absences, and updates the text to include Section 22-12A-11 NMSA 1978. Subsection B also is amended to  specify reporting to the juvenile probation services office. The following text is added to this subsection to add penalties for absenteeism:
In addition to any other disposition, the children's court may order that an excessively absent student's driving privileges be suspended for a specified time not to exceed 90 days on the first finding of excessive absenteeism and not to exceed one year for a subsequent finding of excessive absenteeism.

Subsection D and E are added.
D. It is a violation of the Attendance for Success Act for a parent of an excessively absent student to allow that student to continue to be absent from school. The public or private school the student attends shall, after consultation with the local superintendent or head administrator, refer the parent of that student to the district attorney for prosecution if the student’s absenteeism continues after having been referred to the juvenile probation services office as provided in Subsection B. 

E. If a parent referred for prosecution pursuant to Subsection D is found to have allowed the excessively absent student to continue to be absent from school, the parent is guilty of a petty misdemeanor. 

Upon the first conviction, the parent shall be subject to a fine of not less than $50 or more than $100, or the parent may be ordered to perform community service. Upon a second or subsequent conviction, the parent is guilty of a petty misdemeanor and subject to a fine of not more than $500 or imprisonment for a definite term not to exceed six months, or both.