HOUSE BILL 175

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

INTRODUCED BY

Brian F. Egolf

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING PROCEDURES FOR CLOSING OR CONSOLIDATING PUBLIC SCHOOLS IN A SCHOOL DISTRICT; REQUIRING LOCAL SCHOOL BOARDS TO FOLLOW MUNICIPAL AND COUNTY ZONING ORDINANCES AND LAND USE CODES; REQUIRING PUBLIC EDUCATION DEPARTMENT APPROVAL.

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] SCHOOL CLOSURE OR CONSOLIDATION--COMPLIANCE WITH MUNICIPAL AND COUNTY ORDINANCES REQUIRED--ANALYSIS REQUIRED.--

          A. A local school board that plans to close or consolidate public schools in the school district shall comply with all applicable municipal and county zoning ordinances and land use codes. Before a final vote on any closure or consolidation, the local school board shall provide to the department a certification from the municipal or county government that the proposed closure or consolidation plan complies with all local laws or ordinances that would apply to a private entity.

          B. Before a final vote on closure or consolidation, the school district shall perform a comprehensive analysis that demonstrates that closing or consolidating public schools will:

                (1) result in financial savings to the school district in the following five-year period; or

                (2)  improve educational outcomes.

          C. The department must approve the analysis called for in Subsection B of this section before the local school board may take a final vote on closure or consolidation."

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