A. Each local school board or governing body shall develop and promulgate policies that prohibit school personnel from denying any student access to programs or services because the parent or guardian of the student has refused to place the student on psychotropic medication.
B. School personnel may share school-based observations of a student's academic, functional and behavioral performance with the student's parent or guardian and offer program options and other forms of assistance that are available to the parent or guardian and the student based on those observations. However, an employee or agent of a school district or governing body shall not compel or attempt to compel any specific actions by the parent or guardian or require that a student take a psychotropic medication.
C. School personnel shall not require a student to undergo psychological screening unless the parent or guardian of that student gives prior written consent before each instance of psychological screening.
D. Nothing in this act shall be construed to create a prohibition against a teacher or other school personnel from consulting or sharing a classroom-based observation with a parent or guardian regarding:
(1) a student's academic and functional performance;
(2) a student's behavior in the classroom or school; or
(3) the need for evaluation for special education or related services.
E. As used in this section:
(1) "psychotropic medication" means a drug that shall not be dispensed or administered without a prescription, whose primary indication for use has been approved by the federal food and drug administration for the treatment of mental disorders and that is listed as a psychotherapeutic agent in drug facts and comparisons or in the American hospital formulary service; and
(2) "school personnel" means school personnel that the department has licensed.
History: Laws 2015, ch. 51, § 1.
Effective dates. — Laws 2015, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Article 5 - Local School Boards
Section 22-5-1 - Local school boards; members.
Section 22-5-1.1 - Local school board members; elected from districts.
Section 22-5-3 - School board membership; optional form.
Section 22-5-3.1 - Local school boards; reversion to five members.
Section 22-5-4 - Local school boards; powers; duties.
Section 22-5-4.2 - Child abuse; report coordination; confirmation.
Section 22-5-4.4 - School employees; reporting drug and alcohol use; release from liability.
Section 22-5-4.5 - Pledge of allegiance.
Section 22-5-4.6 - Recompiled.
Section 22-5-4.7 - Additional student discipline policies; weapon-free schools.
Section 22-5-4.8 - Area vocational high schools.
Section 22-5-4.9 - High school diplomas; World War II veterans.
Section 22-5-4.10 - High school diplomas; Korean conflict veterans.
Section 22-5-4.11 - Psychotropic medication; prohibition on compulsion.
Section 22-5-4.12 - Use of restraint and seclusion; techniques; requirements.
Section 22-5-4.14 - High school diplomas; Vietnam conflict veterans.
Section 22-5-5 - Compensation; prohibited employment.
Section 22-5-6 - Nepotism prohibited.
Section 22-5-7 - Officers; surety bonds.
Section 22-5-8 - Term of office.
Section 22-5-9 - Local school board vacancies.
Section 22-5-9.1 - Oath of office.
Section 22-5-10 - Publications; advertisements.
Section 22-5-11 - School district salary system.
Section 22-5-12 - Local school boards; vacant or vacated offices.
Section 22-5-13 - Local school board training.
Section 22-5-14 - Local superintendent; powers and duties.
Section 22-5-15 - Collaborative school improvement programs.
Section 22-5-16 - Advisory school councils; creation; duties.
Section 22-5-17 - Private use of school facilities; policy; insurance.
Section 22-5-18 - Local school board authority over who may carry a firearm on school premises.