SENATE BILL 305
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
John M. Sapien
AN ACT
RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO PROVIDE A REDUCED STATE EQUALIZATION GUARANTEE AMOUNT FOR CERTAIN CHARTER SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-15 NMSA 1978 (being Laws 1967, Chapter 16, Section 70, as amended) is amended to read:
"22-8-15. ALLOCATION LIMITATION.--
A. The department shall determine the allocations to each school district and charter school from each of the distributions of the public school fund, subject to the limits established by law; provided that the allocation to a virtual charter school, as defined in the Charter Schools Act, shall be seventy-five percent of the virtual charter school's total state equalization guarantee pursuant to Section 22-8-25 NMSA 1978.
B. The local school board in each school district with locally chartered charter schools shall allocate the appropriate distributions of the public school fund to individual locally chartered charter schools pursuant to each locally chartered charter school's school-based budget approved by the local school board and the department. The appropriate distribution of the public school fund shall flow to the locally chartered charter school within five days after the school district's receipt of the state equalization guarantee for that month."
SECTION 2. Section 22-8B-2 NMSA 1978 (being Laws 1999, Chapter 281, Section 2, as amended) is amended to read:
"22-8B-2. DEFINITIONS.--As used in the Charter Schools Act:
A. "charter school" means a conversion school or start-up school authorized by the chartering authority to operate as a public school;
B. "chartering authority" means either a local school board or the commission;
C. "commission" means the public education commission;
D. "conversion school" means an existing public school within a school district that was authorized by a local school board to become a charter school prior to July 1, 2007;
E. "division" means the charter schools division of the department;
F. "enrollment preference" means filling a charter school's openings with students, or siblings of students, who have already been admitted to the school through an appropriate admission process or are continuing through subsequent grades;
G. "governing body" means the governing structure of a charter school as set forth in the school's charter;
H. "governing body training" means the training required pursuant to Section 22-8B-5.1 NMSA 1978 to educate governing body members and ensure compliance with all applicable laws, which training may be obtained from any source, individual or entity that has been approved by the department;
I. "management" means authority over the hiring, termination and day-to-day direction of a school's employees or contractors, whether they are licensed or not;
J. "material violation" means the act of failing to accomplish a requirement of a law, rule or contract or a charter school's bylaws that substantially affects the charter school's employees' or students' rights or privileges;
K. "nondiscretionary waiver" means a waiver of requirements or rules and the provisions of the Public School Code that the department shall grant pursuant to Section 22-8B-5 NMSA 1978 and for which a charter school shall not require separate approval by the department;
L. "performance indicator" means a measurement tool that enables selected issues or conditions to be monitored over time for the purposes of evaluating progress toward or away from a desired direction;
M. "performance target" means the specific rating to which the data from a school's performance indicators shall be compared to determine whether the school exceeds, meets, does not meet or falls far below that rating;
N. "siblings" means:
(1) students living in the same residence at least fifty percent of the time in a permanent or semipermanent situation, such as long-term foster care placements; or
(2) students related to each other by blood, marriage or cohabitation; [and]
O. "start-up school" means a public school developed by one or more parents, teachers or community members authorized by the chartering authority to become a charter school; and
P. "virtual charter school" means a charter school established under provisions of the Charter Schools Act that differs from locally chartered and state-chartered charter schools in that virtual charter schools are educational organizations that offer one or more kindergarten through grade twelve courses through the internet and one in which teachers and students are separated geographically and do not necessarily work together in the same time frame."
SECTION 3. Section 22-8B-13 NMSA 1978 (being Laws 1999, Chapter 281, Section 13, as amended) is amended to read:
"22-8B-13. CHARTER SCHOOL FINANCING.--
A. The amount of funding allocated to a charter school shall be not less than ninety-eight percent of the school-generated program cost; provided that the allocation to a virtual charter school, as defined in the Charter Schools Act, shall be an amount equal to seventy-five percent of the virtual charter school's total state equalization guarantee pursuant to Section 22-8-25 NMSA 1978. The school district or division may withhold and use two percent of the school-generated program cost for its administrative support of a charter school.
B. That portion of money from state or federal programs generated by students enrolled in a locally chartered charter school shall be allocated to that charter school serving students eligible for that aid. Any other public school program not offered by the locally chartered charter school shall not be entitled to the share of money generated by a charter school program.
C. When a state-chartered charter school is designated as a board of finance pursuant to Section 22-8-38 NMSA 1978, it shall receive state and federal funds for which it is eligible.
D. Charter schools may apply for all federal funds for which they are eligible.
E. All services centrally or otherwise provided by a local school district, including custodial, maintenance and media services, libraries and warehousing, shall be subject to negotiation between the charter school and the school district. Any services for which a charter school contracts with a school district shall be provided by the district at a reasonable cost."
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