(A) A qualified student who is subject to compulsory education or to compulsory continuing/alternative education pursuant to Section 22-12-2 NMSA 1978 is guilty of an offense if he is in or upon public streets, public places, places of amusement and eating places, vacant lots or any unsupervised place, including a private residence during the hours when the qualified student's school is in session. A person shall be excused from the compulsory education requirement if:
(1) The person is specifically exempted by law from the provisions of this article;
(2) The person has graduated from a high school;
(3) The person is at least 16 years of age and has been excused by the local school board or its authorized representative upon a finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person's educational needs and the parent or other person having custody and control consents;
(4) With consent of the parent or person having custody and control of the person to be excused, the person is excused from the provisions of this section by the superintendent of schools of the school district in which the person is a resident and the person is under eight years of age; or
(5) The person is judged, based on standards and procedures adopted by the state board, to be unable to benefit from instruction because of learning disabilities or mental, physical or emotional conditions.
This article shall not apply to qualified students who are in public places in conjunction with a field trip or program conducted by the student's school or who have been excused pursuant to their school's policies or regulations.
(B) A parent or guardian of a qualified student is guilty of an offense if he knowingly permits the qualified student to be in violation of division (A) of this section.
(Ord. 48-1996) Penalty, see § 11-10-99