INDEX 600 SERIES
SCHOOL –COMMUNITY RELATIONS
600 Participation of the Public in School Affairs
605 Parent Involvement/School Collaboration on Preventing
Substance Use and Abuse
610 Public
Information Program
615 Parent
Organizations
620 Reporting to
Parents
625 Visitors to
Schools
626 Smoking on Campus
627 Activities on Sundays
630 Public Gifts and
Donations
632 Law Enforcement
Agencies
635
Public Performances and Trips by Students
636
Solicitations and Selling in Schools
637 Advertising
645 Relations
with Tribal Governments
650 Relations with
Home Schools
651 Relations
with Private Schools
660 Rights of
Non-Custodial Parents
665
Consultations with Parents and Teachers
670 Rental of
School Facilities
680 Inspection
of Public Records
690 Surrogate Parent
695 Charter Schools
Participation of the Public in School Affairs 600
The Taos Municipal Schools shall seek and encourage all parents
to participate in the development of policies and regulations
pertinent to the educational program. Parents shall be advised,
through the local media and school bulletins, of all activities
involving development of policies and procedures and encouraged
to participate and contribute. All parents with requests,
contributions, or complaints may always take these to the
building principals or other appropriate district personnel.
Parents of Indian children may take their requests,
contributions and/or grievances to the Office of the Governor or
designee who will inform the Superintendent of this information,
inquiries or concerns.
Parent Involvement/School Collaboration
On Preventing Substance Use and Abuse 605
TOP
In accordance with the State Board of Education Regulation 81-3,
state and federal laws, the Taos Board of Education prohibits
students from using, possessing, distributing, or being under
the influence of alcohol and/or other drugs, and from
possessing, using or distributing drug paraphernalia while on
school property or at school-sponsored activities. Student use
or possession of tobacco is also prohibited.
The Taos Municipal Schools Board of Education recognizes that
alcohol and other drug dependency is a health problem. Health
problems of students are primarily the responsibility of home
and community. The Taos Schools share that responsibility when
alcohol and other drug use, abuse and dependency interferes with
school behavior, student learning and the maximum possible
development of each student. The schools shall intervene when
students display behaviors of concern and shall make a concerted
and consistent effort to educate and assist the student(s).
The Taos School District is comprised of a unique
multi-cultural, multi-lingual environment. Tribal policies and
laws are recognized as an important facet of our Native American
students. Tribal officials will be involved in the student
assistance process.
The schools reserve the right to use any method for detection of
the presence of controlled substances, including the use of
“drug detecting dogs”, individual searches, pat searches, locker
and vehicle searches.
School authorities shall give consideration to the health,
safety, and educational rights of all students when prescribing
intervention and/or disciplinary actions for students who use,
are under the influence of, or possess and /or distribute
illegal drugs on school premises or while engaged in
school-sponsored activities.
See Policies: 222, 336, 369
Public Information
Program 610
The Taos Municipal Schools Board of Education grants the
television and radio stations permission to broadcast or
televise all public meetings of the Board.
In inclement weather or emergency situations that may affect the
safety and well-being of students and staff, the media will be
informed as soon as possible that a modified school and
transportation schedule will be in effect.
Parent-Teacher-Student Organizations 615
TOP
The Board of Education encourages and supports the formation of
organizations of parents and teachers at individual schools,
with student membership also encouraged at the secondary level.
Both “PTA” and “PCA” models may have useful roles to play. While
recognizing that state and national affiliation enables these
organizations to extend their influence at the state and federal
levels, the Board’s primary concern is that effective mechanisms
be created to promote and enhance home-school communications and
cooperation.
Should the school principal perceive that any such group is
becoming a negative influence on the school, the principal may,
with the concurrence of the Superintendent, withhold the
privilege of the group meeting at the school or using school
facilities, equipment, or personnel for its purposes.
Reporting to
Parents/Guardians 620
All schools within the school system shall report grades and
student progress to parents on a timely and regular basis.
Visitors to School
Campuses 625
All visitors to school campuses shall report their presence to
the school office at the beginning of each visit so that so that
district administrators and other employees may fulfill their
responsibilities for the protection of the persons and property
of students and employees.
Smoking on Campus 626
To be in compliance with Drug Free Campuses, State Board
Regulation and State Statutes, the Taos Board of Education
prohibits the use of tobacco and tobacco products on any school
properties. Smoking will not be permitted on school premises at
any time. This policy pertains anyone whether student(s), staff,
parents, or any other school patron on school property or at
school-sponsored activities.
Activities on Sundays
627
TOP
Athletic practice and student activity rehearsals shall not be
conducted on Sundays. Scheduling of any Sunday activities,
involving students, staff or facilities, shall be held to a
minimum and shall require the approval of the Superintendent.
School personnel are encouraged to schedule student activities
at a time that allows for community participation.
Gifts from Non-Tax
Sources 630
The Taos Municipal School District may, by action of the Board
of Education, accept gifts, grants, or donations and title to
property.
All gifts of equipment, supplies and materials purchased by PTO,
PTA, P.T.C., and other parent-teachers associations for donation
to a school unit, will become property of the Taos Municipal
Schools. Items purchased for a particular school unit will
remain at that unit.
Law Enforcement
Agencies** 632-1
The following policy shall be observed in connection with all
contacts by law enforcement agencies with students. A copy of
this policy shall be provided to all local law enforcement and
social service agencies so that mutual cooperation may be
promoted.
The following provisions govern school personnel’s cooperation
with law enforcement and social services agencies in regard to
criminal law enforcement and child abuse investigations, and are
not in derogation of the customary authority of school
administrators to conduct interviews and investigations or
otherwise to take action as part of the enforcement of school
discipline and order.
A. Official Contact with Students in
Schools
TOP
1. Administrative Authorization Required: Law enforcement
officers, including investigators employed by public agencies
authorized to investigate child abuse, are not permitted contact
with any student except by the building principal or designee or
by the Superintendent, and pursuant to the procedures and
requirements set forth in this policy.
2. Verification, Documentation, and Parental Notification
Procedures: Prior to any student being produced by a school
principal for any contact with officers, the principal or
designee shall:
a. Write down the name, badge number, and agency of the
officer(s), together with the date and time of appearance.
b. Confirm by telephone with the agency that employs the
officers(s) their identity and authorization in seeking contact
with the student and record the name and position of the person
confirming such information and the time of such confirmation;
and
(1) in stances in which the officer(s) appears at the school to
interview or make an arrest of a student for suspected criminal
activity, the principal shall also determine and write down the
agency’s justification for conducting an interview or arrest of
a student at school when such criminal activity has not been:
(a) committed at the school,
(b) committed during school-sponsored activities,
(c) committed on school grounds, or
(d) when such criminal activity involves crimes committed at the
school for which assistance has not been requested by the
principal; and
(2) in instances in which the officer(s) is acting pursuant to
an arrest warrant, a search warrant, or other court document,
the principal shall obtain a copy of such document.
c. Contact the student’s parent(s) or guardian, notify them of
the contact, and record the time of notification and the name of
the person notified;
(1) If, upon the initial request for contact by the officer(s)
or agency, the principal is directed by either not to attempt to
notify the student’s parent(s) or guardian or to obtain the
attendance of the student’s parent(s) or guardian,
(a) that direction should be added to the information recorded
by the principal pursuant to this section, and
(b) the officer should be asked to sign the statement, and
(c) if the officer refuses to sign the statement, the principal
should note on the statement that the officer refused to sign.
3. Administrative Monitoring of Contact with Students:
a. After completion of the Verification, Documentation, and
Parental Notification Procedures, and upon administrative
authorization, as described in this policy, a law enforcement
officer may conduct an investigation within the school building
and upon school grounds and interview students as possible
witnesses in the principal’s office or other administrative
office.
b. The principal or designee shall be present during the
interview.
c. Reasonable attempts shall be made to keep the identity of
those interviewed confidential.
d. Neither the principal nor designee shall disclose any written
statements made or the content of statements given during the
interview, except to disclose statements made or the content of
statements given during the interview to:
(1) the student interviewed and to the student’s attorney or
parents,
(2) to the district attorney, or other law enforcement agencies
and,
(3) if the principal deems it appropriate, to legitimate
disciplinary goals, to other school officials.
e. If the investigation focuses on a particular student as a
suspect of a crime, the school principal and the police officer
shall follow the general guidelines set forth in this policy
with respect to interrogation, search, and arrest. In addition,
the principal shall follow the advice of rights provisions of
Section B.1 below.
f. The school principal shall keep a record of the procedural
steps followed by the police in conducting interrogations, and
any instance in which the principal acts to preclude or
terminate an interrogation.
g. All writings and records created pursuant to these procedures
shall be retained as part of the school’s records.
B. Police
Contacts
TOP
1. Investigation and Assistance:
a. Police Investigations at the Request of School Authorities: A
school principal may exercise discretion in determining whether
to request assistance of police in investigating any crime
contrary to the laws of the State of New Mexico or of the United
States, or any allegation of such crimes, including crimes
committed at school or on school grounds during school hours, or
during school-sponsored activities.
b. Police Investigation Without Request of School
Authorities: It should not ordinarily be necessary for police
officers to interview students at school during school hours for
criminal activity not committed at the school, during
school-sponsored activities, or on school grounds, or for crimes
committed at the school for which assistance has not been
requested by the principal.
(1) If the police have determined that exigent circumstances
exist to interview students at school regarding such crimes, the
law enforcement agency shall first contact the school principal
regarding the planned visit and shall give the principal the
reason for conducting the investigation during school hours,
school-sponsored activities, or on school property and shall
obtain his/her approval;
(2) The principal shall approve and cooperate with the police
during the investigation unless the principal determines that
the investigation is being conducted for the purpose of
harassment or for reasons not related to a criminal
investigation. In the event that the principal declines to
approve the interview, this decision shall be reported
immediately to the Superintendent, who shall notify and discuss
the opposition with the appropriate police supervisor. Approval
shall not be unreasonable withheld.
(3) A principal shall not, in any event, prevent the appropriate
law enforcement agency from serving or executing court process
(i.e., summonses, warrants, subpoenas) or court orders upon
school grounds during school time, provided that the procedures
set forth in Section A are first observed.
(4) A principal may also designate a reasonable time and place
for law enforcement contact with students, including for service
of process upon students under his control, in order to ensure
that the educational process is not disrupted.
(5) In all cases of police interview or interrogation or removal
from school of students, the principal shall ensure that a
school employee is present with the student during the
police-student interaction while the student is on campus.
c. Request for Police Assistance:
(1) Building principals are authorized, upon consultation with
the Superintendent or designee, to summon and seek assistance
from law enforcement authorities in any case in which the
activities of students or others is creating a threat to the
health or safety of students or of others, or is disrupting or
threatening to disrupt the educational program, normal
operation, or lawful functions of the school.
(2) Such requests shall be directed to the law enforcement
agency (State Police, Sheriff’s Department or local police)
having jurisdiction over the geographical area in which the
school is located.
2. Interrogation of Student Suspects in
School
TOP
a. By or for Police: If law enforcement officers deem it
necessary to interrogate student suspects in school during
school hours or school-sponsored activities, and if criminal
prosecution is anticipated by the law enforcement officers or
the school principal, no interrogation shall commence unless:
(1) A parent or guardian is present to counsel the student; or
(2) The student suspect has been advised of his/her basis rights
and, understanding those rights, has knowingly and voluntarily
waived those rights as follows:
Before interrogation, the police officer shall:
• advise the student of the nature of the crime for which the
student is a suspect, and
• advise the student of the right to remain silent, that
anything said by the student may be used in criminal or juvenile
court and of the right to have an attorney present, or a
court-appointed attorney if the parents are indigent, and of the
right of the student or parent to stop the interrogation at any
time in order to have an attorney present at further
interrogations.
(3) The school principal or designee cannot waive these rights
on behalf of the student, nor compel the student to submit to an
interview or interrogation.
(4) The school principal shall use discretion and knowledge of a
student’s age and mental or physical condition and shall not
permit interrogation in an instance in which a parent is not
present and the principal does not believe that the student can
knowingly, intelligently, and voluntarily waive his/her rights.
(5) It is not the responsibility of the school principal to
advise the student suspect of his/her basic rights as set forth
in the Children’s Code, Section 32-1-27, NMSA 1978.
(6) The school principal shall not permit a student suspect age
thirteen (13) or under to be photographed or fingerprinted
unless the law enforcement officer presents a court order
authorizing it.
b. By School Personnel at the Request of Police: Taos Municipal
School District employees are not to undertake the interrogation
of student suspects at the request or instigation of the police
for law enforcement purposes.
3. Arrests of Students in
Schools
TOP
a. General Policy: It should not ordinarily be necessary for
policy officers to arrest students at school during school hours
for criminal activity not committed at the school, during
school-sponsored activities, or on school grounds, or for crimes
committed at the school for which assistance has not been
requested by the principal.
b. Arrests with Advance Notice: In cases where a law enforcement
agency deems it necessary to arrest a student during school
hours or activities at school, the agency should notify the
principal of the intended arrest prior to dispatching officers
to the school, and the principal should request that a
non-uniformed officer make the arrest if possible or that the
services of school security officers be used if available.
c. Arrests in Emergency Circumstances: In emergency
situations, where the immediate arrest of a student is deemed
necessary by the policy, including instances where the
commission of a felony or serious breach of the peace has been
witnessed by a police officer or if the police officer(s) is in
“hot pursuit” of the student for such crime, the police shall be
entitled to take action to arrest the student on school property
without a warrant.
(1) In cases in which an arrest of a student has been made in an
emergency situation in which the police have taken custody of a
student without providing school authorities the opportunity to
conduct the Verification, Documentation, and Parental
Notification Procedures outlined in section A.2, school
authorities shall make every reasonable effort to have the
arresting officer(s) comply with the Verification,
Documentation, and Parental Notification Procedures before
removing the student from the school grounds.
(2) If the student has been removed from school grounds by law
enforcement officers prior to compliance with the Verification,
Documentation, and Parental Notification Procedures, school
authorities shall contact the arresting agency and complete the
Verification, Documentation, and Parental Notification
Procedures as soon as possible after learning of the removal.
4. Search and Seizure by the Police
a. On Request of School Authorities:
(1) Emergency Circumstances
Upon request of a school principal, police officers may make a
general search of students’ lockers and desks, or students’
automobiles on school property for drugs, weapons, or items of
an illegal or prohibited nature if, in the principal’s judgment,
public health or safety is threatened.
(2) Non-Emergency Circumstances
If a principal has received reliable information, which he/she
believes to be true, that evidence of a non-school-related crime
or stolen goods are located in a certain student’s locker, desk,
or in a student’s or a non-student’s automobile parked on school
property, and there is no immediate threat to the health or
safety of students or employees, the principal shall request
police assistance for a search by the police pursuant to a
search warrant.
b. Without the Request of School
Authorities:
TOP
(1) Police officers may not search a student’s locker, desk, or
automobile unless they have a search warrant, or a knowing,
intelligent, and voluntary consent is given by the student.
(2) A student’s person may not be searched in school unless:
(a) police have a search warrant, or
(b) the student is under arrest, or
(c) the police are acting upon probable cause to believe that
the student is concealing contraband, or
(d) a knowing, intelligent, and voluntary consent is given by
the student.
(3) Notwithstanding the foregoing, a search of a student’s
person, locker, automobile on school grounds, or desk, may be
conducted by any police officer on school grounds during school
hours if emergency circumstances exist and the police are acting
upon probable cause to believe that the health and safety of the
stUdent or of others requires a search.
(4) A school official may not consent to a warrantless search of
a student’s locker, desk, or automobile, by police unless police
are acting at the direction and under the supervision of the
school administration.
(5) The student, if then available, shall be present during any
search of his/her locker, desk, or automobile.
(6) In all searches authorized by this section, the principal or
designee shall accompany the officer(s) in conducting such
searches.
C. Child Protective Agency
Contacts
TOP
1. Duty to Report Suspected Child Abuse and Neglect
Pursuant to Section 32-1-15 NMSA 1978, it is the duty of any
school nurse and school teacher or administrator who knows or
suspects that a child is or has been abused or neglected upon
penalty of fine to report this information immediately to either
(1) the criminal prosecution division of the district attorney’s
office, (2) the county social services office of Children,
Youth, and Families Department, or (3) the juvenile probation
services office of the local district court. School employees
and officials shall cooperate with investigators of the
above-named agencies investigating suspected instances of child
abuse and neglect, subject to the safeguards and procedures
provided by this policy.
2. Investigations of Child Abuse and Neglect
Verification, Documentation, and Parental Notification
Requirements: Investigators employed by public agencies
authorized to investigate child abuse, including those seeking
to remove students from school for purposes of maintaining
protective custody as part of a child-abuse investigation, are
subject to the Verification, Documentation, and Parental
Notification Procedures set for in Section A, except:
a. In observing the Verification, Documentation, and Parental
Notification Procedures, the school principal or designee shall
determine from the investigator whether it is appropriate to
notify the parent or guardian of the requested interview or the
removal of the student from the school. The principal or another
school employee shall be present during all investigator-student
interaction on school property.
b. In the event the investigator directs that such notice not be
given, as in cases where a parent or close family member is the
suspected abuser, the principal shall record such direction as
part of the Verification, Documentation, and Parental
Notification Procedures.
References: Children’s Code, Section 32-1-27, NMSA 1978
Section 32-1-15 NMSA 1978
See Policies: 339 Searches of Students
375 Release of Students
293 Reporting Child Abuse and Neglect
Public Performances and Trips by Students 635
TOP
Teachers will be encouraged to provide students for public
performances when:
1. The performance fits both the aims of the schools and the
needs of the students.
2. No student is excluded because of race, color, creed or
gender.
3. Such performance is appropriate to the age group.
4. The performance is approved by the principal and/or
Superintendent.
Students may perform under school sponsorship when admission
fees are charged only if the proceeds are used for charitable,
educational, or civic purposes. Payment for a performance under
school sponsorship may be accepted by the schools but not by
individual students. Costs directly related to the supervision
of students and liability protection for the participants will
be the responsibility of the school district. Costs of the
performance will be paid first from the proceeds of the
admission fees. Any other costs must be addressed in the
participation plan approved by the building principal.
No attendance at or performance or service by a school-sponsored
student organization, which is solicited by and which furthers
the private commercial or business interest of a for-profit
entity, shall be permitted without a written contract. The
contract shall be first negotiated by a committee composed of
the principal of the school, the club or activity sponsor, and a
student representative of the club or organization if the
performance or service involves secondary school students, or a
parent of a student if the performance or service involves
elementary school students.
School-sponsored trips by students involving an overnight stay
must have the Superintendent’s advance approval.
Approval for all public performances will be given by the office
of the Superintendent when the above criteria have been met.
See Policies: 251, 637
Soliciting and Selling on School Property 636
TOP
No person shall solicit sales of goods, merchandise or services
to school employees during employee work hours on school
property except as authorized by the Superintendent or his/her
designee in cases where the solicitation or sale is necessary to
the proper functioning of the District.
Advertising 637
No individual, group, or organization shall be permitted to use
school facilities or organizations as media for advertising
unless, it has been determined by the Superintendent or his/her
designee, that the involvement is in the best interest of
students. School officials shall screen all contests and
activities carefully and shall not involve the school in
controversial and compromising situations.
The administration is authorized to cooperate with non-profit,
charitable organizations provided that teaching and learning are
not disrupted.
Students may produce services and materials for community
organizations or groups only to the extent that such production
furthers the students’ educational development. Care must be
exercised by the administration in interpreting this policy to
avoid student exploitation.
See Policies: 251, 635
Relations
with Tribal Governments 645
In compliance with procedures contained in the Educational
Amendments of 1978 P. L. 95-561, the Taos Municipal Schools
Board of Education:
• ensures that the Native American Indian Policies and
Procedures, as well as, information concerning the P.L.874
Programs and application shall be disseminated to Native
American Indian Parents through the TPIEC and Tribal Officials
as soon as the materials become available to the District.
• ensures equitable participation of all Native American Indian
students in educational programs of the Taos Municipal School
District.
• ensures that Native American Indian Parents, the Taos Pueblo
Indian Education Committee (TPIEC), and Tribal Officials are
permitted opportunities to review, comment, and provide specific
recommendations for modification of educational programs and
practices.
• ensures that Tribal Officials and parents of Native American
Indian students, through the Taos Pueblo Indian Education
Committee, are afforded the opportunity to present their overall
view on the educational programs and their operation.
Since the majority of Native American Indian students in the
Taos Municipal Schools are from the Taos Pueblo community, the
Taos Pueblo Indian Education Committee shall function under the
authorization of the Taos Pueblo Governor’s Office, the Tribal
Council, and the War Chief’s Office, making recommendations to
the Superintendent of Schools on all federally funded Native
American Indian Education Programs.
See Policies: 600, 605
Relations with
Home Schools 650
TOP
In accordance with Chapter 21, 1985 New Mexico Session Laws and
in compliance with regulations promulgated by the State Board of
Education, the Taos Board of Education acknowledges the right of
parents or guardians to establish home schools. Home school, as
defined by state statute, means “. . . the operation by a
parent, guardian, or other person having custody of a school-age
person of a home study program which provides a basic academic
educational program including but not limited to reading,
language arts, mathematics, social studies, and science.” The
following procedures will apply in the establishment of home
schools:
1. The parent or guardian will complete and submit to the
Superintendent a notarized copy of the State Department of
Education’s form SDE-542-85, “Notification of Establishment of a
Home School” or any subsequent revision of such form within
thirty (30) days of the establishment of the home school and on
or before April 1 of each subsequent year.
2. The parent or guardian will complete and submit to the
Superintendent the State Department of Education form 543-85,
“Home School Enrollment Report”, on November 1 or within five
(5) calendar days thereafter.
3. The parent or guardian will by November 1 confer with the
principal regarding the state and local required standardized
achievement tests for the student(s) enrolled in the home
school. Home school students will be tested with the required
achievement tests in the public school within their attendance
area under similar conditions as the public school students.
Parents will be responsible for the transportation required.
4. The parent or guardian will provide written notification to
the Superintendent of any changes in the information provided in
the “Notification of Establishment of a Home School”.
5. The grade placement of students in grades 1 through 8, who
are in a home school program and who wish to enroll in the
public schools, shall be determined by the principal in
consultation with the classroom teacher(s) and subject to
satisfactory performance on grade level competency tests. The
awarding of course credits for home school students in grades 9
through 12 shall be subject to satisfactory performance on the
district’s competency tests on the coursework in question or
upon certification of satisfactory completion of the course from
a board-approved school. Arrangements for testing will be made
by the parents ten (10) days prior to the last day of school.
Relations with
Private Schools 651
TOP
The Taos Municipals Schools Board of Education regards the
positive relationship with private schools as critical to the
educational development of all students. The Board recognizes
its responsibility to work cooperatively with accredited and
non-accredited private schools. Therefore, the Taos School
District will:
1. Promote the exchange of information which benefits students.
2. Facilitate the entry and/or re-entry of students who wish to
enroll in the Taos Municipal Schools following instruction in a
private school.
Should a student desire entry and/or re-entry into the Taos
Public Schools, a select committee in the receiving school will
review the private school educational experience of that student
and recommend student placement and/or assignment. Such
committees shall determine recommendations and the criteria by
which high school credits will be awarded.
Rights of
Non-Custodial Parents 660
In those circumstances involving the enrollment of a child or
children, in which the family is separated and the parent or
guardian states that he or she is legally responsible for the
child or children, meaning that the other parent is prohibited
or has limited rights for visiting with or reviewing records of
the child(ren), the building administrator shall require a
certified court order delineating the custodial rights of the
parties involved. Otherwise, each natural parent or appointed
guardian shall be assumed to have all legal rights pertaining to
parenthood.
Consultation with Parents and Teachers 665
TOP
It is the policy of the Taos Municipal Board of Education to
design and implement its Title I project in consultation with
parents and teachers of the children being served. Activities
should include, but are not limited to the following:
1. Notifying each student’s parents in a timely manner that the
student has been selected.
2. Informing each student’s parent(s) of the specific
instructional objectives for the student.
3. Reporting to each student’s parents on the student’s
progress.
4. Establishing conferences between individual parents and
teachers.
5. Providing materials and suggestions to parents to help them
promote the education of their children at home.
6. Providing timely information concerning the Title I Program.
7. Soliciting parents’ suggestions in the planning, development
and operation of the program.
8. Conducting an annual meeting to explain to parents of
eligible students the programs and activities provided with
Title I funds.
9. Coordinating parental involvement activities with programs
funded under the “Adult Education Act” to the extent possible.
10. Assessing the effectiveness of the parental involvement
program by consulting with parents about its successes and what
action(s) could be taken to improve the program and increase
parental participation.
Rental of School
Facilities 670-1
TOP
School buildings and grounds may be made available for
educational, cultural, civic, religious, recreational,
governmental, and general political activities which are
sponsored by responsible, recognized organizations, agencies or
institutions, provided that the activity does not interfere with
the programs and best interests of the Taos Municipal School
District. The Superintendent or designee is authorized to make
all approvals and set all conditions for community use of
buildings and grounds under the directions of this policy. The
Board of Education reserves the right to hear appeals on may
decision made by the Superintendent.
A rental fee schedule shall be prepared by the Superintendent
for review and approval by the Taos Municipal Schools Board of
Education. The schedule shall be presented to the Board of
Education for review and possible revision on an annual basis.
The Superintendent is authorized to set aside or reduce any
scheduled or normal rental fees when a mutually beneficial
relationship is established between the Taos School District and
a proposed user of school facilities. The Superintendent shall
report to the Board of Education all such arrangements. The
Superintendent is authorized to act on any rental proposal not
covered in this policy. When this occurs, the Superintendent
shall report the action to the Board of Education and advise the
Board of any needed change in the policy.
It is the intent of the Taos Municipal Schools Board of
Education that parent-teacher groups, booster clubs, and any
other school-related organizations should have the use of school
facilities for their regular meetings without charge. When such
groups hold special events, any charge for facilities will be
calculated on a cost-to-the district basis. When kitchen
facilities are to be used for food preparation and/or service,
the user organization must pay a member of the food service
staff to be present.
It shall be the responsibility of the Superintendent to assure
that adequate supervision of school facilities is provided
during periods of community use.
Official representatives of all groups using school facilities
must sign a liability waiver “hold-harmless” agreement. Any
non-school-related user group, which is covered by an existing
liability insurance policy, must also provide in advance of use
of the facility a certificate of liability insurance, which
names the Taos School District as an additional insured.
Representatives of all groups must also sign a form, which
indicates acceptance of responsibility for the care and
supervision of the facilities and for payment of the rental
charges, if any.
The Superintendent may, when it is deemed to be in the best
interest of the District, require a cash deposit above the rent
to be charged to cover damage to rental property. The deposit,
less payment for damage done beyond wear and tear on the
property, shall be refunded within thirty (30) days.
Rental charges in this policy are for the facilities only and
any normally required furniture. Other charges shall normally be
added when special equipment is to be provided the facility
user.
All agreements for use of school facilities shall be reviewed
annually.
See Policy: 615
Inspection of
Public Records** 680-1
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The Taos Municipal Schools Board of Education recognizes that
every person has a right to inspect any public records of this
state except:
• Records pertaining to physical or mental examinations and
medical treatment of persons confined to any institution;
• Letters of reference concerning employment, licensing or
permits;
• Letters of memorandums which are matters of opinion in
personnel files or students’ cumulative files;
• Law enforcement records that reveal confidential sources,
methods, information or individuals accused but not charged with
a crime. Law enforcement records include evidence in any form
received or compiled in connection with any criminal
investigation or prosecution by any law enforcement or
prosecuting agency, including inactive matters or closed
investigations;
• As provided by the Confidential Materials Act (14-3A-1,
14-3A-2 NMSA 1978);
• Attorney-client privileged information; and
• As otherwise provided by law.
Designation of Custodian of Records
The Superintendent of the Taos Municipal School District shall
designate at least one custodian of public records who shall:
1. Receive and respond to requests to inspect public records;
2. Provide proper and reasonable opportunities to inspect public
records, and
3. Provide reasonable facilities to make or furnish copies of
the public records during usual business hours.
Procedures for
Requesting
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1. Any person wishing to inspect any of the District’s public
records may submit an oral or written request to the
Superintendent or designee. A written request shall provide the
name, address and telephone number of the person seeking access
to the records and shall identify the records sought with
reasonable particularity. No person requesting records shall be
required to state the reason for inspecting the records.
2. A custodian receiving a written request shall permit the
inspection immediately or as soon as is practicable under the
circumstances, but not later than fifteen (15) days after
receiving a written request. If the inspection is not permitted
within three business days, the custodian shall explain in
writing when the records will be available for inspection or
when the Taos Board of Education will respond to the request.
The three-day period shall not begin until the written request
is delivered to the office of the custodian.
3. In the event that a written request is not made to the
custodian having possession of or responsibility for the public
records requested, the person receiving the request shall
promptly forward the request to the custodian of the requested
public records and notify the requester. The notification to the
requester shall state the reason for the absence of the records
from that person’s custody or control, the records’ location and
the name and address of the custodian.
Procedure for Denied Requests
1. If a written request ha been denied, the Superintendent or
designee shall provide the requester with a written explanation
of the denial. The written denial shall:
a. Describe the records sought;
b. Set forth the names and titles or positions of each person
responsible for the denial; and
c. Be delivered or mailed to the person requesting the records
within fifteen (15) days after the request for inspection was
received.
2. Should the Superintendent or his/her designee (custodian)
fail to deliver or mail a written explanation of denial within
fifteen (15) days after receipt of a written request for
inspection is subject to an action to enforce the provisions of
the Inspection of Public Records Act and the requester may be
awarded damages.
References: NMSA 1978 14-2-1 through 13-2-12, 14-3A-1, 14-3A-2
Surrogate Parents 690
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The Taos Municipal School District has the responsibility to
determine whether a child needs a surrogate parent, as defined
and appointed in accordance with Section 300.514 of IDEA. A
surrogate parent should be appointed only under the limited
circumstances permitted by IDEA and its regulations. A surrogate
parent is required, for educational purposes under this act,
whenever a parent cannot be identified, or the school district,
after reasonable efforts, cannot discover the whereabouts of a
parent, or the child is a ward of the state and under the laws
of New Mexico.
The Board of Education delegates to the Superintendent and/or
his/her designee the responsibility to recruit and train
individuals to act as surrogate parents.
References: IDEA Section 300.514
Charter Schools 695-1
The Taos Board of Education will follow the guidelines as set
forth by the 1999 Charter Schools Act (22-8B-1 through 22-8B-15,
NMSA 1978).
Definitions
“Charter School” means a conversion school or start-up school
within a school district authorized by the local school board to
operate as a charter school.
“Conversion School” means an existing public school within a
school district authorized by the local school board to become a
charter school.
“Governing Body” means the governing structure of a charter
school as set forth in the school’s charter; and
“Start-up School” means a public school developed by one or more
parents, teachers or community members authorized by the local
school board of the school district in which the school is
located to become a charter school.
Charter Schools’ Rights and Responsibilities –
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1. A charter school shall be subject to all federal and state
laws and constitutional provisions prohibiting discrimination on
the basis of disability, race, creed, color, gender, national
origin, religion, ancestry or need for special education
services.
2. A charter school shall be administered and governed by a
governing body in the manner set forth in the charter.
3. A charter school shall be responsible for its own operation,
including preparation of a budget, contracting for services and
personnel matters.
4. A charter school may negotiate or contract with the Taos
Municipal School District, a university or college or any third
party for the use of a facility, its operation and maintenance
and the provision of any service or activity that the charter
school is required to perform in order to carry out the
educational program described in its charter.
5. A charter school may not be required to pay rent for space
that is deemed available, as negotiated by contract, in the
district’s facilities; provided that the facilities can be made
available at no cost to the district. All costs for the
operation and maintenance of the facilities used by the charter
school shall be subject to negotiation between the charter
school and the Taos Municipal School District.
6. A charter school may negotiate with the Taos School District
to provide transportation to students eligible for
transportation under the provisions of the Public School Code.
7. A charter school may negotiate with the Taos Municipal School
District for capital expenditures.
8. A charter school shall be a nonsectarian, nonreligious and
non-home-based public school that operates within the Taos
Municipal School District.
9. Except as otherwise provided in the Public School Code, a
charter school shall not charge tuition or have admission
requirements.
10. A charter school shall be subject to the provisions of
Sections 22-1-6 and 22-2-8 NMSA 1978.
11. A charter school may acquire, pledge and dispose of
property; provided that upon termination of the charter, all
assets of the charter school shall revert to the Taos Municipal
Schools Board of Education.
12. A charter school may accept or reject any charitable gift,
grant, devise or bequest; provided that no such gift, grant,
devise or bequest shall be accepted if subject to any condition
contrary to law or to the terms of the charter. The particular
gift, grant, devise or bequest shall be considered an asset of
the charter school to which it is given.
13. A charter school may contact and sue and be sued. The Taos
Municipal School District shall not be liable for any acts or
omissions of the charter school.
14. A charter school shall comply with all state and federal
health and safety requirements applicable to public schools.
15. A charter school shall comply with charter schools’
enrollment procedures as outlined in 22-8B-4.1 NMSA 1978.
16. A charter school shall be a public school, accredited by the
State Board and shall be accountable to the Taos Municipal
Schools Board of Education for purposes of ensuring compliance
with applicable laws, rules and charter provisions.
17. A charter school shall hire its own employees. The
provisions of the School Personnel Act (Chapter 22, Article 10
NMSA 1978) shall otherwise apply to such employees.
Application
Process
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The Taos Municipal Schools Board of Education shall have the
authority to approve the establishment of a charter school
within the Taos Municipal School District. The procedures for
application are as follows:
1. A charter school shall apply to the Taos Municipal Schools
Board of Education prior to October 1 to be eligible for
consideration for the following school year.
2. An application for a start-up school may be made by one or
more teachers, parents or community members.
3. An application for a conversion school shall include a
petition of support signed by not less that sixty-five percent
of the employees of the school. Additionally, a petition in
support of the charter school signed by a majority of the
households whose children are enrolled in a proposed conversion
school must accompany the application.
4. The Taos Municipal Schools Board of Education shall receive
and review all applications for charter schools. No application
fees will be charged. Should the Board of Education find the
charter school application incomplete, the Board shall request
the necessary information from the charter applicant.
5. The Taos Municipal Schools Board of Education shall hold at
least one meeting to obtain information and community input to
assist the Board in its decision whether to grant a charter
school application.
6. Should the application be denied, the Board of Education
shall state its reasons for denial. This denial may be appealed
to the State Board of Education.
7. An approved charter application shall be a contract between
the charter school and the Taos Municipal Schools Board of
Education.
8. In the event that the Taos Board of Education revokes or does
not renew a charter, the Board shall state in writing its
reasons for the revocation or nonrenewal.
References: NMSA 1978, Sections 22-8C-1 through 22-8C-7
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