ORDINANCE 2007- 05
AN ORDINANCE ESTABLISHING A COMPULSORY SCHOOL ATTENDANCE POLICY FOR THE
VILLAGE OF CAPITAN
WHEREAS, The Village of Capitan is a New Mexico municipality; and
WHEREAS, The Governing Body of the Village of Capitan is charged with
making laws to insure the efficient operation of the Village; and
WHEREAS, The Governing Body of the Village of Capitan acted in regular
session on Tuesday, June 12, 2007 to approve an addition to the Village
Code Section 5-2-1, Minors; Curfew; adding the Compulsory School
Attendance, a policy regarding students who should be in a public or
private school during the school year.
NOW THEREFORE be it ordained that the following policy should be added
to Section 5-2-1: Minors; Curfew:
Sec. 5-2-1. Compulsory School Attendance.
(D) Unlawful acts.
1. No person under the age of 18 years
shall be upon or about public streets or public places of amusement and
entertainment within the village during the hours when the person is
required to be in attendance at either a public or private school
within the confines of the village as required by state law.
2. It shall be unlawful for a person to
encourage or assist a student not to attend or return to school unless
the absence is excused by a school official or such absence is excused
under one of the exceptions found in NMSA 1978, § 22-12-2.
(E) Applicability. Any qualified student and any
person who because of his age is eligible to become a qualified student
as defined by the Public School Finance Act (NMSA 1978, §§
22-8-1--22-8-42) until attaining the age of majority shall attend a
public school, a private school, a home school or a state institution.
A person shall be excused from this requirement if:
1. The person is specifically exempted by law
from the provisions of this section;
2. The person has graduated from a high school;
3. The person is at least 16 years of
age and has been excused by the local school board or its authorized
representative upon a finding that the person will be employed in a
gainful trade or occupation or engaged in an alternative form of
education sufficient for the person's educational needs
Ordinance 2007-05
Page 2
and the parent, guardian or other person having
custody and control consents;
4. With consent of the parent, guardian
or person having custody and control of the person to be excused, the
person is excused from the provisions of this section by the
superintendent of schools of the school district in which the person is
a resident and the person is under eight years of age; or
5. The person is judged, based on
standards and procedures adopted by the state board, to be unable to
benefit from instruction because of learning disabilities or mental,
physical or emotional conditions.
(F) Parent or Guardian Liable; Penalty.
1. The parents or legal guardian of
school children who violate this section will be punished as provided
in section 1-4-1, with a minimum punishment of a warning on the first
violation, a fine of $50.00 on the second violation, and a fine of
$100.00 on each subsequent violation.
2. Students who violate this section
will be identified and the proper school officials and the parent or
legal guardian of the student shall be notified and summoned to court
for a hearing on the matter.
(G) Provisions supplemental.
1. This section is in no way intended to
replace the New Mexico Compulsory
School Attendance Law, NMSA 1978, §§ 22-12-1--22-12-7.
2. This section is in no way intended to
replace any truancy supervision by
the school districts, private
schools or any other school recognized by law.
3. This provision is intended to be
supplemental to the provisions of
subsections (1) and (2) above and
shall be enforceable upon a proper
complaint filed by the principal
of any school within the village limits
alleging ten (10) or more
unexcused absences by the applicable student.
(H) Enforcement. The village police department will
maintain a workable procedure for implementation and enforcement of
this section.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF JUNE, 2007.
____________________________________
Sammy L. Hammons, Mayor
ATTEST:
______________________________________
Kay Strickland, Village Clerk
Ordinance 2007- 05
June 12, 2007
Page 3
STATE OF NEW MEXICO)
)
COUNTY OF LINCOLN )
Acknowledged before me this ________June, 207, by Sammy Hammons, Mayor,
Village of Capitan, New Mexico.
____________________________________
Notary Public
My Commission Expires:
_____________________
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Page Created June 28,
2007