45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THE LEGISLATIVE COUNCIL SERVICE TO DELINEATE RESPONSIBILITIES WITH REGARD TO CHARTER SCHOOLS IN CONSULTATION WITH THE STATE DEPARTMENT OF PUBLIC EDUCATION, THE STATE SCHOOL BOARD ASSOCIATION AND CHARTER SCHOOL ADVOCATES.

WHEREAS, the legislature enacted the 1999 Charter Schools Act to enable individual schools to restructure their educational curricula; manage their budgets; have increased control over personnel decisions; be waived from certain local and state board of education regulations; and to encourage the use of different and innovative teaching methods through the establishment of smaller schools; and

WHEREAS, with the enactment of the 1999 Charter Schools Act, the legislature intended to allow the development of different and innovative forms of measuring student learning and achievement so as to address the needs of all students; and

WHEREAS, with the enactment of the 1999 Charter Schools Act, the legislature hoped to create professional opportunities for teachers by creating new, innovative and more flexible ways of educating children within the public school system and provide for enhanced information sharing; and

WHEREAS, with the enactment of the 1999 Charter Schools Act, the legislature hoped to encourage parental and community involvement in the public school system; and

WHEREAS, with the enactment of the 1999 Charter Schools Act, the legislature at all times intended to hold charter schools accountable for meeting state board of education minimum educational standards and fiscal requirements; and

WHEREAS, despite legislative intent, there is disagreement among legislators, charter school advocates, public school administrators and others over the statutory interpretation of the various oversight responsibilities with regard to charter schools; and

WHEREAS, the legislative council service is capable of offering an interpretation of the statutory responsibilities contained in the 1999 Charter Schools Act;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the legislative council service delineate the state board of education's, the state department of public education's and local school boards' responsibilities with regard to charter schools in consultation with the state department of public education, the state school board association and charter school advocates; and

BE IT FURTHER RESOLVED that the legislative council service report its findings to the appropriate legislative interim committee prior to November 2002; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the legislative council service, the superintendent of public instruction and the chair of the state school board association.