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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                                        TOP

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                                                          TOP

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                                                                TOP

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 – Operation            TOP

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                                                                       TOP

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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Last modified: 03/05/2008.