SENATE BILL 34
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Cynthia Nava
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING THE NEW MEXICO SCHOOL FOR THE ARTS ACT; ALLOWING FOR THE CREATION OF A STATE-CHARTERED CHARTER SCHOOL AS A STATEWIDE RESIDENTIAL HIGH SCHOOL FOR THE ARTS; EXEMPTING THE SCHOOL FROM CERTAIN PROVISIONS OF THE CHARTER SCHOOLS ACT; ALLOWING THE SCHOOL TO ESTABLISH ADMISSIONS CRITERIA AND ROOM AND BOARD FEES; PROVIDING FOR OUTREACH ACTIVITIES; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "New Mexico School for the Arts Act"."
Section 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PURPOSE OF ACT.--The purpose of the New Mexico School for the Arts Act is to provide for the establishment of the "New Mexico school for the arts" as a statewide residential state-chartered charter high school that provides New Mexico students who have demonstrated artistic abilities and potential with the educational opportunity to pursue a career in the arts."
Section 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the New Mexico School for the Arts Act:
A. "board" means the governing body of the school; and
B. "school" means the New Mexico school for the arts."
Section 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PURPOSE OF SCHOOL--SCHOOL EXEMPT FROM CERTAIN PROVISIONS OF THE CHARTER SCHOOLS ACT.--
A. The commission may charter a "New Mexico school for the arts" as a statewide residential state-chartered charter school for grades nine through twelve to offer intensive preprofessional instruction in the performing and visual arts combined with a strong academic program that leads to a New Mexico diploma of excellence.
B. The school and the board are subject to all the provisions of the Charter Schools Act, except Subsection K of Section 22-8B-4 NMSA 1978 and Section 22-8B-4.1 NMSA 1978. The school shall not charge tuition, except as otherwise provided in the Public School Code."
Section 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] BOARD CREATED--POWERS AND DUTIES--SOLICITATION OF GIFTS, GRANTS AND DONATIONS.--The school shall be governed by a board of at least five members constituted as provided in the school's application for charter. No member of the board shall serve as a member of another charter school. The board shall have such powers and perform such duties as required by state and federal law and the school's charter, including soliciting and receiving gifts, grants and donations to further the purposes of the school and to assist the school in providing free or reduced-fee room and board for those residential students who cannot pay all or part of residential costs."
Section 6. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ADMISSIONS CRITERIA--EQUAL OPPORTUNITY--OUTREACH.--
A. The admissions criteria shall be designed to admit students who show exceptional promise or aptitude in the arts and a strong desire to pursue a career in the arts. The admissions process shall be conducted in a way that provides equal opportunity for admission to each prospective student regardless of that student's exposure to previous artistic training and without regard to the student's ability to pay residential costs.
B. The board shall ensure, to the greatest extent possible and without jeopardizing admissions standards, that an equal number of students is admitted to the school from each of the state's congressional districts.
C. The board shall submit an annual report to the charter schools division and the commission that includes demographic information about both applicants and students admitted to the school, including the counties and the congressional districts represented by the students enrolled and the makeup of the student body in terms of socioeconomic status, gender and ethnicity.
D. The school shall conduct outreach activities throughout the state to acquaint potential students with the programs offered by the school. The outreach activities shall include programs for middle school students and workshops for teachers. There shall be no admissions criteria established for participation in outreach activities."
Section 7. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ROOM AND BOARD CHARGES.--
A. The school shall charge residential students a fee to cover the costs of room and board. The board shall establish a sliding-fee scale based on the student's ability to pay. The commission shall approve room and board charges and the sliding-fee scale during the planning year of the school and may approve changes to the charges and scale as requested by the board.
B. The school shall report each year to the charter schools division and the commission on the number of students requiring financial assistance for room and board; the amount of financial assistance provided; and the amount and source of gifts, grants and donations received by the school to provide that financial assistance."
Section 8. APPROPRIATION.--Four hundred fifty thousand dollars ($450,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2009 for planning and outreach activities of the proposed New Mexico school for the arts. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
Section 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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