HOUSE BILL 292

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

James Roger Madalena

FOR THE PUBLIC SCHOOL CAPITAL OUTLAY OVERSIGHT TASK FORCE

AN ACT

RELATING TO CHARTER SCHOOLS; PROVIDING THAT, UNDER CERTAIN CONDITIONS, THE CHARTERING AUTHORITY FOR A LOCALLY CHARTERED CHARTER SCHOOL MAY BE TRANSFERRED TO THE PUBLIC EDUCATION COMMISSION.

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

     Section 1. Section 22-8B-16 NMSA 1978 (being Laws 2006, Chapter 94, Section 29) is amended to read:

     "22-8B-16. PUBLIC EDUCATION COMMISSION--POWERS AND DUTIES.--

          A. The commission shall receive applications for initial chartering and renewals of charters for charter schools that want to be chartered by the state and approve or disapprove those charter applications.

          B. The commission may approve, deny, suspend or revoke the charter of a state-chartered charter school in accordance with the provisions of the Charter Schools Act.

          C. In addition to the commission becoming a chartering authority pursuant to Subsection A of this section, the chartering authority for a charter school existing on July 1, 2007 may be transferred to the commission at any time after its charter has been renewed by the local school board if the governing body, the local school board and the commission agree to the transfer; provided, however, that [if a school chartered under a previous chartering authority chooses to transfer its chartering authority, it]:

                (1) the charter may be amended as agreed to by the governing body, the local school board and the commission; and

                (2) after the transfer, the charter, as amended, shall be deemed to be a contract between the commission and the school, and the school shall continue to operate under the provisions of that charter until its renewal date unless it is suspended or revoked by the commission.

          [D. An application for a charter school filed with a local school board prior to July 1, 2007, but not approved, may be transferred to the commission on July 1, 2007.]"

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