SENATE BILL 368

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Lidio G. Rainaldi

AN ACT

RELATING TO SCHOOLS; REQUIRING LOCAL SCHOOL BOARD APPROVAL FOR HIRING AND FIRING OF CERTIFIED PERSONNEL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 22-1-1.2 NMSA 1978 (being Laws 2003, Chapter 153, Section 2) is amended to read:

     "22-1-1.2. LEGISLATIVE FINDINGS AND PURPOSE.--

          A. The legislature finds that no education system can be sufficient for the education of all children unless it is founded on the sound principle that every child can learn and succeed, and the system must meet the needs of all children by recognizing that student success for every child is the fundamental goal.

          B. The legislature finds further that the key to student success in New Mexico is to have a multicultural education system that:

                (1) attracts and retains quality and diverse teachers to teach New Mexico's multicultural student population;

                (2) holds teachers, students, schools, school districts and the state accountable;

                (3) integrates the cultural strengths of its diverse student population into the curriculum with high expectations for all students;

                (4) recognizes that cultural diversity in the state presents special challenges for policymakers, administrators, teachers and students; and

                (5) elevates the importance of public education in the state by clarifying the governance structure at different levels.

          C. The legislature finds further that the teacher shortage in this country has affected the ability of New Mexico to compete for the best teachers, and that unless the state and school districts find ways to mentor beginning teachers, intervene with teachers while they still show promise, improve the job satisfaction of quality teachers and elevate the teaching profession by shifting to a professional educator licensing and salary system, public schools will be unable to recruit and retain the highest quality teachers in the teaching profession in New Mexico.

          D. The legislature finds further that a well-designed, well-implemented and well-maintained assessment and accountability system is the linchpin of public school reform and must ensure that:

                (1) students who do not meet or exceed expectations will be given individual attention and assistance through extended learning programs and individualized tutoring;

                (2) teachers who do not meet performance standards must improve their skills or they will not continue to be employed as teachers;

                (3) public schools make adequate yearly progress toward educational excellence; and

                (4) school districts and the state are prepared to actively intervene and improve failing public schools.

          E. The legislature finds further that improving children's reading and writing abilities and literacy must remain a priority of the state.

          F. The legislature finds further that the public school governance structure needs to change to provide accountability from the bottom up instead of from the top down. Each school principal, with the help of school councils made up of parents and teachers, must be the instructional leader in the public school, motivating and holding accountable both teachers and students. Each local superintendent must function as the school district's chief executive officer and have responsibility for the day-to-day operations of the school district, including personnel, except for certified personnel whose hiring and firing shall be approved or disapproved by the local school board, and student disciplinary decisions.

          G. It is the purpose of this [2003] public school reform legislation to provide the framework to implement the legislative findings to ensure student success in New Mexico."

     Section 2. Section 22-5-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 28, as amended) is amended to read:

     "22-5-4. LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local school board shall have the following powers or duties:

          A. subject to the rules of the department, develop educational policies for the school district;

          B. employ a local superintendent for the school district, [and] fix [his] the superintendent's salary, and review, approve or reject the superintendent's hiring and firing decisions for certified personnel;

          C. review and approve the school district budget;

          D. acquire, lease and dispose of property;

          E. have the capacity to sue and be sued;

          F. acquire property by eminent domain pursuant to the procedures provided in the Eminent Domain Code;

          G. issue general obligation bonds of the school district;

          H. provide for the repair of and maintain all property belonging to the school district;

          I. for good cause and upon order of the district court, subpoena witnesses and documents in connection with a hearing concerning any powers or duties of the local school board;

          J. except for expenditures for salaries, contract for the expenditure of money according to the provisions of the Procurement Code;

          K. adopt rules pertaining to the administration of all powers or duties of the local school board;

          L. accept or reject any charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the school district or the public school to which it is given;

          M. offer and, upon compliance with the conditions of such offer, pay rewards for information leading to the arrest and conviction or other appropriate disciplinary disposition by the courts or juvenile authorities of offenders in case of theft, defacement or destruction of school district property. All such rewards shall be paid from school district funds in accordance with rules promulgated by the department; and

          N. give prior approval for any educational program in a public school in the school district that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency."

     Section 3. Section 22-5-14 NMSA 1978 (being Laws 2003, Chapter 153, Section 25) is amended to read:

     "22-5-14. LOCAL SUPERINTENDENT--POWERS AND DUTIES.--

          A. The local superintendent is the chief executive officer of the school district.

          B. The local superintendent shall:

                (1) carry out the educational policies and rules of the state board and local school board;

                (2) administer and supervise the school district;

                (3) employ, fix the salaries of, assign, terminate or discharge all employees of the school district, except for certified personnel whose hiring or firing shall be approved or rejected by the local school board;

                (4) prepare the school district budget based on public schools' recommendations for review and approval by the local school board and the department. The local superintendent shall tell each school principal the approximate amount of money that may be available for his school and provide a school budget template to use in making school budget recommendations; and

                (5) perform other duties as required by law, the department or the local school board.

          C. The local superintendent may apply to the state board for a waiver of certain provisions of the Public School Code relating to length of school day, staffing patterns, subject area or the purchase of instructional materials for the purpose of implementing a collaborative school improvement program for an individual public school."

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