Summary:

 House Bill 432 (HB 432) in Public Schools enhances and expands enforcement provisions to reduce excessive absenteeism. HB 432 makes it a crime for a parent of an excessively absent student to allow that student to continue being absent from school. HB 432 provides penalties. 

Legislation Overview:

 House Bill 432 enhances and expands enforcement provisions to reduce absenteeism by making it a crime for parents and providing penalties.
SECTION 1 amends Public Schools in Excessive Absenteeism in Subsection B to delete “unexcused” in reference to absences, which makes any absence after notice of excessive absenteeism reportable to juvenile probation services. 
Subsection B adds a penalty that in addition to any other disposition, an excessively absent student’s driving privileges may 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 inserted.
Subsection D provides that a parent shall be referred to the local office of the district attorney for prosecution after having been referred to the juvenile probation services office.
Subsection E provides that if a parent who is referred for prosecution is found to have caused or allowed that parent’s excessively absent student to continue to be absent, the parent is guilty of a petty misdemeanor.  Upon the first conviction, the parent shall be subject to a fine of not less than fifty dollars $50.00 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. 

Current Law:

 House Bill 432 addresses Section 22-12A-12 NMSA 1978 (being Laws 2019, Chapter 223, Section 12), which currently addresses absenteeism without making parents criminals and without specifying penalties.