HOUSE BILL 120

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mimi Stewart

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOLS; PLACING A MORATORIUM ON NEW SCHOOLS AND NEW SCHOOL BUILDINGS.

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] NEW SCHOOLS--MORATORIUM.--

          A. The provisions of Sections 22-8B-6 and 22-8B-11 NMSA 1978 notwithstanding, a chartering authority shall not accept an application for a new charter school or approve a new charter school between January 1, 2011 and January 1, 2017. If a charter school has been authorized and is in its planning year on January 1, 2011, it may continue to full operational status if its chartering authority approves.

          B. Between January 1, 2011 and January 1, 2017, there shall be no new public schools constructed or opened unless the construction or opening had been approved and funded prior to January 1, 2011 or unless the public school facilities authority certifies to the public school capital outlay council that a school must be replaced because of health and safety or adequacy standards concerns and the council approves the recommendation. The moratorium does not affect repairs and renovations of existing buildings."

- 2 -