Public schools would face limits on rejecting student enrollment

Public schools would not deny enrollment based on race, ethnicity, sex, religion, disability, family income or social standing, or home address. The protection against discrimination covers school-age applicants. The section's general right to free schooling covers New Mexico residents who have not earned a high school diploma or its equivalent. A school could deny enrollment because it lacks space. Denial could also rest on expulsion from a school district or private school during the preceding twelve months. Behavior in another school district or private school during the preceding twelve months could justify denial if it threatens other students' or school employees' welfare or safety.

Parents could appeal enrollment denials to New Mexico's secretary of public education. Parents could appeal when a public school denies their child's enrollment. The secretary would issue a written, final decision within a reasonable time. The Public Education Department would set rules for appeals. The 30-day period would begin when the local school board receives the transfer application.

Schools would enroll applicants throughout the school year when space allows and offer openings in waiting-list order. The district enrollment rules cover schools other than charter schools. Enrollment would stay within the lower class-size limit set by law or the local school board. The text retains priorities for local students, returning students, and specified military families while also directing first-come, first-served enrollment; it does not clearly explain how those rules fit together. Boards could give additional preferences to children of school employees and siblings of enrolled students. When applicants would exceed class-size limits, schools would keep waiting lists and offer enrollment to those highest on the list as space opens.

School boards would measure available space, schools would publish openings, and state education officials would publish annual enrollment reports. Boards would report each district school's transfer applications, acceptances, denials, reasons for denial, and resident students' transfers outside their attendance areas. The requirement to determine capacity by grade would not apply to specialized programs. Boards would determine capacity by grade. Schools would update vacancy postings at least once every twelve weeks, and reporting and state publication would occur annually.