1. A. “Safe public school” means a school that has developed and successfully implemented a public education department (“department”) approved safe schools plan and does not meet the definition of a persistently dangerous school.
2. B. “Persistently dangerous public school” means a school, in which for three (3) consecutive school years, the school has experienced expulsions for greater than five percent (5%) of the student enrollment for incidents reported in the school district’s “safe schools report,” as required by Section 22-10A-33, NMSA 1978, under the violence and vandalism codes and definitions - violence codes 01 through 06 “assault and battery,” and has expelled one or more student (s) for knowingly bringing a weapon to school in violation of Section 22-5-4.7, NMSA 1978, and/or any policy of the district implementing this provision (violence and vandalism codes and definitions - firearms possession codes 61 through 63).

3. C. “Timely implementation” means:

   (1) that parents and guardians of each student attending the school shall be notified within ten (10) school days from the time that the district has been notified by the department that the school has been designated as persistently dangerous and that students are offered the opportunity to transfer to a safe public school, including a safe public charter school, within the district;

   (2) that a student who is a victim of a violent criminal offense shall be offered the opportunity to transfer to a safe public school, including a safe public charter school, within the district within ten (10) calendar days, subject to space availability.

   (3) that the corrective action plan shall be developed and implemented within twenty (20) school days from the time that the district has been notified by the department that the school has been designated as persistently dangerous; and

   (4) that transfers of students shall be within thirty (30) school days after the district is notified that the school has been designated as persistently dangerous and/or after a student has become a victim of a violent criminal offense.

4. D. “Corrective action plan” means a written document that explains what changes/new actions will be taken at the school to ensure that the school will become a safe public school.

5. E. “Violent criminal offenses” mean the following offenses when committed against a student while in or on the grounds of a public school that the student attends:

   (1) Criminal sexual penetration in the first degree, as provided in Subsection C of Section 30-9-11, NMSA 1978; or

   (2) Criminal sexual penetration in the second degree, as provided in Subsection D of Section 30-9-11, NMSA 1978; or

   (3) Kidnapping, as provided in Section 30-4-1, NMSA 1978; or

   (4) Aggravated battery, as provided in Subsection C of Section 30-3-5, NMSA 1978; or

   (5) Assault with the intent to commit a violent felony, as provided in Section 30-3-3, NMSA 1978; or

   (6) Dangerous use of explosives, as provided in Section 30-7-5, NMSA 1978; or

   (7) Robbery, as provided in Section 30-16-2, NMSA 1978; or

   (8) Aggravated burglary, as provided in Section 30-16-4, NMSA 1978; or

   (9) Aggravated arson, as provided in Section 30-17-6, NMSA 1978.

[6.19.3.7 NMAC - N, 08-31-04]