SENATE BILL 273
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Craig W. Brandt
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC EDUCATION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE PUBLIC SCHOOL CODE RELATING TO GOVERNANCE OF CHARTER SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL GOVERNING BODIES--
MEMBERS.--A charter school shall be governed by a governing body in the manner set forth in the charter contract; provided that a governing body shall have at least five members; and provided further that no member of a governing body for a charter school that is initially approved on or after July 1, 2005 or whose charter is renewed on or after July 1, 2005 shall serve on the governing body of another charter school. No member of a local school board shall be a member of a governing body for a charter school or employed in any capacity by a locally chartered charter school located within the local school board's school district during the term of office for which the member was elected or appointed."
SECTION 2. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL GOVERNING BODIES--POWERS AND DUTIES.--A governing body:
A. subject to rules of the department, shall develop educational policies for the charter school;
B. shall employ a head administrator of the charter school and establish the head administrator's salary;
C. shall review and approve the charter school's annual budget;
D. may acquire, lease and dispose of property;
E. may contract and sue and be sued. A local school board shall not be liable for any acts or omissions of the charter school;
F. shall provide for the repair of and maintain all property belonging to the charter school;
G. except for expenditures for salaries, shall contract for the expenditure of money according to the provisions of the Procurement Code;
H. shall adopt policies pertaining to the administration of all powers or duties of the governing body;
I. shall become qualified as a board of finance for the charter school as required by Section 22-8-38 NMSA 1978;
J. may accept or reject any charitable gift, grant, devise or bequest; provided that no such gift, grant, devise or bequest shall be accepted if it is subject to any condition contrary to law or to the terms of the charter contract. The particular gift, grant, devise or bequest accepted shall be considered an asset of the charter school to which it is given;
K. shall establish and maintain a publicly available web site, which shall include the policies of the charter school and names and current contact information for the members of the charter school's governing body and administration; and
L. may offer and, upon compliance with the conditions of such offer, pay rewards for information leading to the arrest and conviction or other appropriate disciplinary disposition by the courts or juvenile authorities of offenders in case of theft, defacement or destruction of charter school property. All such awards shall be paid from school district funds in accordance with rules promulgated by the department."
SECTION 3. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL DISCIPLINE POLICIES--STUDENT SELF-ADMINISTRATION OF CERTAIN MEDICATIONS--WEAPON-FREE SCHOOLS.--
A. Governing bodies shall establish student discipline policies and shall file them with the department. The governing body shall involve parents, school personnel and students in the development of these policies.
B. Each charter school discipline policy shall establish rules of conduct governing areas of student and school activity; detail specific prohibited acts and activities; and enumerate possible disciplinary sanctions that may include in-school suspension, school service, suspension or expulsion. Corporal punishment shall be prohibited.
C. No school employee who in good faith reports any known or suspected violation of the school discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of the employee's efforts to enforce any part of the policy.
D. All charter school discipline policies shall allow students to carry and self-administer asthma medication and emergency anaphylaxis medication that has been legally prescribed to the student by a licensed health care provider under the following conditions:
(1) the health care provider has instructed the student in the correct and responsible use of the medication;
(2) the student has demonstrated to the health care provider and the school nurse or other school official the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;
(3) the health care provider formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours or school-sponsored activities, including transit to or from school or school-sponsored activities; and
(4) the student's parent has completed and submitted to the charter school any written documentation required by the charter school's governing body, including the treatment plan required in Paragraph (3) of this subsection and other documents related to liability.
E. The parent of a charter school student who is allowed to carry and self-administer asthma medication and emergency anaphylaxis medication may provide the charter school with backup medication, which shall be kept in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
F. Authorized charter school personnel who in good faith provide a person with backup medication as provided in this section shall not be held liable for civil damages as a result of providing the medication.
G. Each governing body shall:
(1) adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a charter school under the jurisdiction of the governing body. The governing body or head administrator of the charter school may modify the expulsion requirement on a case-by-case basis; and
(2) provide for placement in an alternative educational setting, for not more than forty-five days, of any student with a disability who is determined to have knowingly brought a weapon to a school under the jurisdiction of the governing body. If a parent or guardian requests a due process hearing, the student shall remain in the alternative education setting during the pendency of any proceeding, unless the parent or guardian and the governing body or head administrator of the charter school agree otherwise.
H. For purposes of this section, "weapon" means:
(1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of an explosion; and
(2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-fourth ounce, mine or similar device."
SECTION 4. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] OFFICERS--SURETY BONDS.--
A. From among its members, a governing body shall elect a president, vice president and secretary.
B. Before assuming the duties of office, the president and secretary of a governing body and the head administrator of a charter school shall each obtain an official bond payable to the charter school and conditioned upon the faithful performance of their respective duties during their terms of office. The bonds shall be executed by a corporate surety company authorized to do business in this state. The amount of each bond required shall be fixed by the governing body but shall not be less than five thousand dollars ($5,000).
C. A governing body may elect to obtain a schedule or blanket corporate surety bond covering all of the charter school's governing body members, administrators and employees for any period not exceeding four years.
D. The cost of bonds obtained pursuant to this section shall be paid from the operation fund of the charter school. The bonds shall be approved by the secretary of public education and filed with the secretary of finance and administration."
SECTION 5. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL GOVERNING BODY VACANCIES.--
A. A vacancy occurring before the end of a term of office in the membership of a governing body shall be filled at an open meeting at which a quorum of the membership is present by a majority vote of the remaining members appointing a qualified person to fill the vacancy for the remainder of the term.
B. A qualified person appointed to fill a vacancy occurring in the membership of a governing body shall hold that office until the member chooses to vacate the office or the member is replaced by a majority vote of the other governing body members.
C. If a qualified person is not appointed to fill a vacancy within forty-five days from the date that the vacancy occurred, the secretary shall appoint a qualified person to fill the vacancy.
D. In the event that vacancies occur in a majority of the full membership of a governing body, the secretary shall appoint qualified persons to fill the vacancies until a majority has been appointed; at which time, the majority shall appoint additional members until the membership of the board is complete."
SECTION 6. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL HEAD ADMINISTRATOR--POWERS AND DUTIES.--
A. The head administrator is the chief executive officer of a charter school.
B. The head administrator shall:
(1) carry out the educational policies and rules of the department and the charter school's governing body;
(2) administer and supervise the charter school;
(3) employ, establish the salaries of, assign, terminate or discharge all employees of the charter school according to the provisions of the School Personnel Act;
(4) not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the governing body or head administrator. The governing body may waive the nepotism rule for family members of the head administrator;
(5) prepare the charter school budget based upon the governing body's recommendations and review; and
(6) perform other duties as required by law, the department and the charter school's governing body."
SECTION 7. Section 22-8B-4 NMSA 1978 (being Laws 1999, Chapter 281, Section 4, as amended) is amended to read:
"22-8B-4. CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES--OPERATION.--
A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, physical or mental handicap, serious medical condition, race, creed, color, sex, gender identity, sexual orientation, spousal affiliation, national origin, religion, ancestry or need for special education services.
[B. A charter school shall be governed by a governing body in the manner set forth in the charter contract; provided that a governing body shall have at least five members; and provided further that no member of a governing body for a charter school that is initially approved on or after July 1, 2005 or whose charter is renewed on or after July 1, 2005 shall serve on the governing body of another charter school. No member of a local school board shall be a member of a governing body for a charter school or employed in any capacity by a locally chartered charter school located within the local school board's school district during the term of office for which the member was elected or appointed.
C.] B. A charter school shall be responsible for: (1) its own operation, including preparation of a budget, subject to audits pursuant to the Audit Act; and
(2) contracting for services and personnel matters.
[D.] C. A charter school may contract with a school district, a university or college, the state, another political subdivision of the state, the federal government or one of its agencies, a tribal government or any other third party for the use of a facility, its operation and maintenance and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter contract. Facilities used by a charter school shall meet the standards required pursuant to Section 22-8B-4.2 NMSA 1978.
[E.] D. A conversion school chartered before July 1, 2007 may choose to continue using the school district facilities and equipment it had been using prior to conversion, subject to the provisions of Subsection [F] E of this section.
[F.] E. The school district in which a charter school is geographically located shall provide a charter school with available facilities for the school's operations unless the facilities are currently used for other educational purposes. An agreement for the use of school district facilities by a charter school may provide for reasonable lease payments; provided that the payments do not exceed the sum of the lease reimbursement rate provided in Subparagraph (b) of Paragraph (1) of Subsection I of Section 22-24-4 NMSA 1978 plus any reimbursement for actual direct costs incurred by the school district in providing the facilities; and provided further that any lease payments received by a school district may be retained by the school district and shall not be considered to be cash balances in any calculation pursuant to Section 22-8-41 NMSA 1978. The available facilities provided by a school district to a charter school shall meet all occupancy standards as specified by the public school capital outlay council. As used in this subsection, "other educational purposes" includes health clinics, daycare centers, teacher training centers, school district administration functions and other ancillary services related to a school district's functions and operations.
[G.] F. A locally chartered charter school may pay the costs of operation and maintenance of its facilities or may contract with the school district to provide facility operation and maintenance services.
[H.] G. Locally chartered charter school facilities are eligible for state and local capital outlay funds and shall be included in the school district's five-year facilities plan.
[I.] H. A locally chartered charter school shall negotiate with a school district to provide transportation to students eligible for transportation under the provisions of the Public School Code. The school district, in conjunction with the charter school, may establish a limit for student transportation to and from the charter school site not to extend beyond the school district boundary.
[J.] I. A charter school shall be a nonsectarian, nonreligious and non-home-based public school.
[K.] J. Except as otherwise provided in the Public School Code, a charter school shall not charge tuition or have admission requirements.
[L.] K. With the approval of the chartering authority, a single charter school may maintain separate facilities at two or more locations within the same school district; but, for purposes of calculating program units pursuant to the Public School Finance Act, the separate facilities shall be treated together as one school.
[M.] L. A charter school shall be subject to the provisions of Section 22-2-8 NMSA 1978 and the Assessment and Accountability Act.
[N.] M. Within constitutional and statutory limits, a charter school may acquire and dispose of property; provided that, upon termination of the charter, all assets of the locally chartered charter school shall revert to the local school board and all assets of the state-chartered charter school shall revert to the state, except that, if all or any portion of a state-chartered charter school facility is financed with the proceeds of general obligation bonds issued by a local school board, the facility shall revert to the local school board.
[O. The governing body of a charter school may accept or reject any charitable gift, grant, devise or bequest; provided that no such gift, grant, devise or bequest shall be accepted if subject to any condition contrary to law or to the terms of the charter. The particular gift, grant, devise or bequest shall be considered an asset of the charter school to which it is given.
P. The governing body may contract and sue and be sued. A local school board shall not be liable for any acts or omissions of the charter school.
Q.] N. A charter school shall comply with all state and federal health and safety requirements applicable to public schools, including those health and safety codes relating to educational building occupancy.
[R.] O. A charter school is a public school that may contract with a school district or other party for provision of financial management, food services, transportation, facilities, education-related services or other services. The governing body shall not contract with a for-profit entity for the management of the charter school.
[S.] P. To enable state-chartered charter schools to submit required data to the department, an accountability data system shall be maintained by the department.
[T.] Q. A charter school shall comply with all applicable state and federal laws and rules related to providing special education services. Charter school students with disabilities and their parents retain all rights under the federal Individuals with Disabilities Education Act and its implementing state and federal rules. Each charter school is responsible for identifying, evaluating and offering a free appropriate public education to all eligible children who are accepted for enrollment in that charter school. The state-chartered charter school, as a local educational agency, shall assume responsibility for determining students' needs for special education and related services. The division may promulgate rules to implement the requirements of this subsection."
SECTION 8. REPEAL.--Section 22-8B-10 NMSA 1978 (being Laws 1999, Chapter 281, Section 10, as amended) is repealed.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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