TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 10 PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS

PART 6 PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING;

DEFINITION OF “LEGITIMATE EDUCATIONAL PURPOSES”

6.10.6.1 ISSUING AGENCY: Public Education Department

[12-31-98, 07-30-99; 6.10.6.1 NMAC - Rn, 6 NMAC 1.3.1.1, 12-29-00; A, 11-13-09]

6.10.6.2 SCOPE: This rule applies to local school boards, local school districts, and public schools.

[12-31-98; 6.10.6.2 NMAC - Rn, 6 NMAC 1.3.1.2, 12-29-00; A, 11-13-09]

6.10.6.3 STATUTORY AUTHORITY: This rule is adopted pursuant to Sections 22-2-1 and 22-21-2, NMSA 1978.

[12-31-98; 6.10.6.3 NMAC - Rn, 6 NMAC 1.3.1.3, 12-29-00; A, 11-13-09]

6.10.6.4 DURATION: Permanent

[12-31-98; 6.10.6.4 NMAC - Rn, 6 NMAC 1.3.1.4, 12-29-00]

6.10.6.5 EFFECTIVE DATE: December 31, 1998, unless a later date is cited at the end of a section.

[12-31-98; 6.10.6.5 NMAC - Rn, 6 NMAC 1.3.1.5, 12-29-00]

6.10.6.6 OBJECTIVE: This rule is intended to define "legitimate educational purposes" as required by Section 22-1-8, NMSA 1978.

[12-31-98; 6.10.6.6 NMAC - Rn, 6 NMAC 1.3.1.6, 12-29-00; A, 11-13-09]

6.10.6.7 DEFINITIONS:

A. "Legitimate educational purposes" are defined as educational opportunities, services and/or information offered or provided by accredited educational entities, professional educational organizations, the armed forces of the United States or labor organizations defined in the New Mexico Public Employee Bargaining Act conducting lawful organization and collective bargaining activities.

B. "Personal identifying information" means the names, addresses, telephone numbers, social security numbers and other similar identifying information about students maintained by a public school or local school district.

[12-31-98; 6.10.6.7 NMAC - Rn, 6 NMAC 1.3.1.7, 12-29-00]

6.10.6.8 PROHIBITION: No person shall sell or use student, faculty or staff lists with personal identifying information obtained from a public school or local school district for the purpose of marketing goods or services directly to students, faculty or staff or their families by means of telephone or mail. The exceptions to this provision are when a parent or a student authorizes the release of the students personal identifying information in writing to the public school or local school district, or for "legitimate educational purposes", as defined in Subsection A of Section 6.10.6.7 NMAC above.

[12-31-98; 6.10.6.8 NMAC - Rn, 6 NMAC 1.3.1.8, 12-29-00]

HISTORY OF 6.10.6 NMAC:

PRE-NMAC HISTORY: The material in this regulation was derived from that previously filed with the State Records Center and Archives under: State Board of Education Regulation No. 93-18, Regulation Relating To The Prohibition On The Sale Or Use Of Student, Faculty And Staff Lists In Direct Marketing; Definition Of "Legitimate Educational Purposes", filed October 20, 1993.