SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
SENATE BILL 1217
48th legislature - STATE OF NEW MEXICO - first session, 2007
AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING FOR THE REDISTRICTING OF SCHOOL DISTRICTS; ENACTING A NEW SECTION OF THE PUBLIC SCHOOL CODE; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 22, Article 4 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SCHOOL DISTRICTS OF CERTAIN SIZE--REDISTRICTING--TIME CONSIDERATIONS--REFERENDUM--APPOINTED AND ELECTED BOARDS.--
A. A school district with membership that is greater than thirty-five thousand students shall prepare a redistricting plan that divides the school district into smaller districts. The plan shall be submitted to the qualified electors of the school district for their approval or rejection.
B. The department shall notify the school district when the school district is required to prepare a redistricting plan, and the school district shall complete its plan within two years. The department shall adopt and promulgate rules setting forth the procedures for the redistricting of a school district pursuant to Subsection A of this section.
C. The department shall appoint a task force to assist the school district with its redistricting plan. The task force shall include employees of the school district; students of the school district; parents with students who attend public school in the school district; and business and other representatives from the attendance areas of the high schools in the school district. Members of the task force who are not employees of the school district or the department may receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act.
D. The task force shall consider and report on the following to the school district and the department:
(1) the boundaries of the proposed new school districts;
(2) population demographics, district growth patterns, ethnicity, economic levels, family income and student and adult educational achievement and attainment levels in the proposed school districts;
(3) the division of assets, liabilities and indebtedness, including real and personal property, of the existing school district;
(4) the bonded indebtedness and voter-approved mill levies of the existing school district;
(5) the ability of the proposed school districts to raise operational and capital funds;
(6) the effects of redistricting on transportation costs of the existing and proposed school districts; and
(7) other considerations that affect redistricting or the proposed school districts.
E. The department may contract for services with recognized experts in the areas of school district redistricting, public finance and taxation and other specialities the department determines.
F. The school district and the task force shall furnish the department with periodic progress reports and a final report. The reports are public documents, and the school district shall endeavor to inform the residents of the school district of their availability.
G. The school district shall publish the final redistricting plan in a newspaper of general circulation in the school district. To ensure the widest possible dissemination of the plan, the school district shall make copies of the plan available at every public school in the school district, at other school district sites and on a web page accessible through the internet.
H. The school district shall hold a special school district election on the first Tuesday of February 2009 on the question of dividing the school district into smaller districts.
I. The referendum question shall be presented on ballots in substantially the following form:
"______ For the redistricting of the ______ school district and the creation of ______ school districts.
______ Against the redistricting of the ______ school district and the creation of ______ school districts.".
J. If a majority of the qualified electors voting in the special election vote in favor of redistricting the school district, the department shall order the creation of the school districts and the appointment of members to the interim local school boards in accordance with the provisions of Section 22-4-10 NMSA 1978.
K. The members of the new local school boards shall be elected at the next regular school district election after the department orders the creation of the school districts. Members shall be elected to four-year terms, commencing March 1 succeeding the election.
L. The rights and protections of employees provided by the policies and procedures of the existing school district shall be maintained upon completion of redistricting."
Section 2. APPROPRIATION.--Eighty thousand dollars ($80,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2008 through 2010 to assist in the redistricting of school districts that exceed thirty-five thousand students. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.
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