N.M. Stat. » Chapter 22 — Public Schools
New Mexico Statutes

N.M. Stat. § 22-5-4.7 (2026)

Additional student discipline policies; weapon-free

✓ laws through the 2025 session (retrieved May 2026)
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schools. A. In addition to other student discipline policies, each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. The local school board or the superintendent of the school district may modify the expulsion requirement on a case-by-case basis.

B. Student discipline policies shall also provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student requests a due process hearing, then the student shall remain in the alternative educational setting during the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise.

C. For the purposes of this section, "weapon" means:

(1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and

(2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellent charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter-ounce, mine or similar device.

History: 1978 Comp., § 22-5-4.7, enacted by Laws 1995, ch. 47, § 1.

ANNOTATIONS

Cross references. — For unlawful carrying of deadly weapon on school premises, see 30-7-2.1 NMSA 1978.

Suspension constitutional. — A school’s decision to suspend a student who “should have known” he was bringing a weapon onto school property does not violate the student’s substantive due process right to a public education, if any such right exists. Butler v. Rio Rancho Pub. Sch. Bd. of Educ., 341 F.3d 1197 (10th Cir. 2003).

Notes of Decisions
Cited in 4 cases, 2002–2017 · leading case: State v. NICK R., 2009-NMSC-050, 218 P.3d 868.
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State v. NICK R., 2009-NMSC-050, 218 P.3d 868. · cites it 2× “if manufactured for a nonviolent purpose, that has a potentially violent use, or any ‘look-a-like’ object that resembles an object that has a potentially violent use, if, under the surrounding circumstances, the purpose of keeping or carrying the object is for use, or threat of…”
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). · cites it 2× “4(A) (stating that a school employee shall report student drug or alcohol abuse "pursuant to procedures established by the local school board"); Section 22-5-4.7(A) (providing that a school district shall establish a policy providing for the expulsion of a student who knowingly…”
Butler v. Rio Rancho Pub. Schs. Bd. of Educ., 341 F.3d 1197 (10th Cir. 2003). “…applicable law,” and the New Mexico statute pursuant to which the School enacted the policy requires knowledge. See N.M. Stat. Ann. § 22-5-4.7 (1995).”
Butler ex rel. Butler v. Rio Rancho Pub. Sch. Bd. of Educ., 245 F. Supp. 2d 1188 (D.N.M. 2002). · cites it 4× “While the right to attend public school is not a fundamental right guaranteed by the Constitution, it is a property interest protected by the due process clause of the Fourteenth Amendment and cannot be taken away by government action without a legitimate, rationally related…”
N.M. Stat. § 22-5-4.7(A): 1 case
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). “4(A) (stating that a school employee shall report student drug or alcohol abuse "pursuant to procedures established by the local school board"); Section 22-5-4.7(A) (providing that a school district shall establish a policy providing for the expulsion of a student who knowingly…”
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