N.M. Admin. Code § 6.60.11.7

Current through Register Vol. 35, No. 19, October 8, 2024

Section 6.60.11.7 - DEFINITIONS

A."Child abuse" means a child:

(1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian, custodian, or other adult;

(2) who has suffered physical abuse, emotional abuse, or psychological abuse inflicted or caused by the child's parent, guardian, custodian, or other adult;

(3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian, custodian, or other adult;

(4) whose parent, guardian, custodian, or other adult has knowingly, intentionally, or negligently placed the child in a situation that may endanger the child's life or health; or

(5) whose parent, guardian, custodian, or other adult has knowingly or intentionally tortured, cruelly confined, or cruelly punished the child.

B."Contractor" means an individual who is under contract with a public school and is hired to provide services to the public school, but does not include a general contractor or a building or maintenance contractor who is supervised and has no access to students at the public school.

C."Ethical misconduct" means the following behavior or conduct by school district personnel, school employees, school volunteers, contractors or contractors' employees:

(1) discriminatory practice based on race, age, color, national origin, ethnicity, sex, pregnancy, sexual orientation, gender identity, mental or physical disability, marital status, religion, citizenship, domestic abuse reporting status, or serious medical condition;

(2) sexual misconduct or any sexual offense prohibited by Chapter 30, Article 6A or Article 9 NMSA 1978 involving an adult or child, regardless of a child's enrollment status;

(3) fondling a child or student, including touching private body parts, such as breasts, buttocks, genitals, inner thighs, groin, or anus; or

(4) any other behavior, including licentious, enticing or solicitous behavior, that is reasonably apparent to result in inappropriate sexual contact with a child or student or to induce a child or student into engaging in illegal, immoral, or other prohibited behavior.

D."Public school" means a school district, charter school, constitutional special school, regional education cooperative, or the educational program of another state agency.

E. "School district" includes charter schools.

F."School employee" includes licensed and unlicensed employees of a public school.

G."School volunteer" means a person, including a relative of a student, who commits to serve on a regular basis at a school district, charter school, or other educational entity without compensation.

H."State agency" means a regional education cooperative or state institution.

I."State institution" means the New Mexico boys' school, girls' welfare home, New Mexico youth diagnostic and development center, Sequoyah adolescent treatment center, Carrie Tingley crippled children's hospital, New Mexico behavioral health institute at Las Vegas, and any other state agency responsible for educating resident children.

N.M. Admin. Code § 6.60.11.7

Adopted by New Mexico Register, Volume XXXIII, Issue 10, May 24, 2022, eff. 5/24/2022