SENATE BILL 401
55th legislature - STATE OF NEW MEXICO - first session, 2021
RELATING TO PUBLIC EDUCATION; DEFINING THE DUTIES OF THE PUBLIC EDUCATION COMMISSION; ASSIGNING OVERSIGHT FOR CAREER TECHNICAL EDUCATION TO THE PUBLIC EDUCATION DEPARTMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-24-9 NMSA 1978 (being Laws 2004, Chapter 27, Section 9) is amended to read:
"9-24-9. PUBLIC EDUCATION COMMISSION.--
A. The "public education commission" is created pursuant to Article 12, Section 6 of the constitution of New Mexico. The commission shall be administratively attached to the department, with administrative staff provided by the department. Additional requests for staff services and equipment shall be made through the secretary. The commission [shall advise the department on policy matters and shall perform other functions as provided by law] is the chartering authority for state-chartered charter schools.
B. The commission shall consist of ten members elected from public education districts as provided in the decennial educational redistricting act. Members shall be entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other perquisite, compensation or allowance.
C. The commission shall annually elect a [chairman] chair, vice [chairman] chair and secretary from among its membership. A majority of the members constitutes a quorum for the conduct of business. The commission shall keep a record of all proceedings of the commission.
D. The commission shall meet at the call of the [chairman] chair at least quarterly. Meetings of the commission shall be held in Santa Fe and at other sites within the state at the direction of the commission. The [chairman] chair in consultation with the secretary shall call a meeting at the request of a majority of the members. Commission members shall not vote by proxy.
E. No member of the commission shall be appointed secretary or be employed by the department on either a full- or part-time basis.
F. The commission shall be represented by the attorney general and shall not contract for legal services."
SECTION 2. Section 22-2-14 NMSA 1978 (being Laws 1978, Chapter 129, Section 1, as amended) is amended to read:
"22-2-14. LOCAL SCHOOL BOARDS--PUBLIC SCHOOLS--SUSPENSION--PROCEDURES.--
A. Money budgeted by a school district shall be spent first to attain and maintain the requirements for a school district as prescribed by law and by standards and rules as prescribed by the department. The department shall give written notification to a local school board, local superintendent and school principal, as applicable, of any failure to meet requirements by any part of the school district under the control of the local school board. The notice shall specify the deficiency. Instructional units or administrative functions may be disapproved for such deficiencies. The department shall disapprove instructional units or administrative functions that it determines to be detrimental to the educational process.
B. Within thirty days after receipt of the notice of failure to meet requirements, the local school board, local superintendent and school principal, as applicable, shall:
(1) comply with the specific and attendant requirements in order to remove the cause for disapproval; or
(2) submit plans satisfactory to the department to meet requirements and remove the cause for disapproval.
C. The secretary [after consultation with the commission] shall suspend from authority and responsibility a local school board, local superintendent or school principal that has had notice of disapproval and fails to comply with procedures of Subsection B of this section. The department shall act in lieu of the suspended local school board, local superintendent or school principal until the department removes the suspension.
D. To suspend a local school board, local superintendent or school principal, the secretary shall deliver to the local school board an alternative order of suspension, stating the cause for the suspension and the effective date and time the suspension will begin. The alternative order shall also contain notice of a time, date and place for a public hearing, prior to the beginning of suspension, to be held by the department, at which the local school board, local superintendent or school principal may appear and show cause why the suspension should not be put into effect. Within five days after the hearing, the secretary shall make permanent, modify or withdraw the alternative order.
E. The secretary may suspend a local school board, local superintendent or school principal when the local school board, local superintendent or school principal has been notified of disapproval and when the department has sufficient reason to believe that the educational process in the school district or public school has been severely impaired or halted as a result of deficiencies so severe as to warrant disapproved status before a public hearing can be held.
F. The department, while acting in lieu of a suspended local school board, local superintendent or school principal, shall execute all the legal authority of the local school board, local superintendent or school principal and assume all the responsibilities of the local school board, local superintendent or school principal.
G. The provisions of this section shall be invoked at any time the secretary [after consultation with the commission] finds that the school district or public school has failed to attain and maintain the requirements of law or department standards and rules.
[H. The commission shall consult with the secretary and may recommend alternative actions for the secretary's consideration.
I.] H. A local school board, local superintendent or school principal aggrieved by a decision of the secretary may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."
SECTION 3. Section 22-8B-9 NMSA 1978 (being Laws 1999, Chapter 281, Section 9, as amended) is amended to read:
"22-8B-9. CHARTER SCHOOL CONTRACT--CONTENTS--RULES.--
A. The chartering authority shall enter into a contract with the governing body of the applicant charter school within thirty days of approval of the charter application. The charter contract shall be the final authorization for the charter school and shall be part of the charter. If the chartering authority and the applicant charter school fail to agree upon the terms of or enter into a contract within thirty days of the approval of the charter application, either party may appeal to the secretary to finalize the terms of the contract; provided that such appeal must be provided in writing to the secretary within forty-five days of the approval of the charter application. Failure to enter into a charter contract or appeal to the secretary pursuant to this section precludes the chartering authority from chartering the school.
B. The charter contract shall include:
(1) all agreements regarding the release of the charter school from department and local school board rules and policies, including discretionary waivers provided for in Section 22-8B-5 NMSA 1978;
(2) any material term of the charter application as determined by the parties to the contract;
(3) the mission statement of the charter school and how the charter school will report on implementation of its mission;
(4) the chartering authority's duties to the charter school and liabilities of the chartering authority as provided in Section 22-8B-5.3 NMSA 1978;
(5) a statement of admission policies and procedures;
(6) signed assurances from the charter school's governing body members regarding compliance with all federal and state laws governing organizational, programmatic and financial requirements applicable to charter schools;
(7) the criteria, processes and procedures that the chartering authority will use for ongoing oversight of operational, financial and academic performance of the charter school;
[(8) a detailed description of how the chartering authority will use the withheld two percent of the school-generated program cost as provided in Section 22-8B-13 NMSA 1978;
(9)] (8) the types and amounts of insurance liability coverage to be obtained by the charter school;
[(10)] (9) the term of the contract;
[(11)] (10) the process and criteria that the chartering authority intends to use to annually monitor and evaluate the fiscal, overall governance and student performance of the charter school, including the method that the chartering authority intends to use to conduct the evaluation as required by Section 22-8B-12 NMSA 1978;
[(12)] (11) the dispute resolution processes agreed upon by the chartering authority and the charter school, provided that the processes shall, at a minimum, include:
(a) written notice of the intent to invoke the dispute resolution process, which notice shall include a description of the matter in dispute;
(b) a time limit for response to the notice and cure of the matter in dispute;
(c) a procedure for selection of a neutral third party to assist in resolving the dispute;
(d) a process for apportionment of all costs related to the dispute resolution process; and
(e) a process for final resolution of the issue reviewed under the dispute resolution process;
[(13)] (12) the criteria, procedures and time lines, agreed upon by the charter school and the chartering authority, addressing charter revocation and deficiencies found in the annual status report pursuant to the provisions of Section 22-8B-12 NMSA 1978;
[(14)] (13) if the charter school contracts with a third-party provider, the criteria and procedures for the chartering authority to review the provider's contract and the charter school's financial independence from the provider;
[(15)] (14) all requests for release of the charter school from department rules or the Public School Code. Within ten days after the contract is approved by the local school board, any request for release from department rules or the Public School Code shall be delivered by the local school board to the department. If the department grants the request, it shall notify the local school board and the charter school of its decision. If the department denies the request, it shall notify the local school board and the charter school that the request is denied and specify the reasons for denial;
[(16)] (15) an agreement that the charter school will participate in the public school insurance authority;
[(17)] (16) if the charter school is a state-chartered charter school, a process for qualification of and review of the school as a qualified board of finance and provisions for assurance that the school has satisfied any conditions imposed by the commission;
[(18)] (17) a listing of the charter school's nondiscretionary waivers; and
[(19)] (18) any other information reasonably required by either party to the contract.
C. The process for revision or amendment to the terms of the charter contract shall be made only with the approval of the chartering authority and the governing body of the charter school. If they cannot agree, either party may appeal to the secretary as provided in Subsection A of this section."
SECTION 4. Section 22-14-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 192, as amended) is amended to read:
"22-14-2. [VOCATIONAL] CAREER AND TECHNICAL EDUCATION--STATE GOVERNING AUTHORITY.--
A. The [commission] department is the governing authority and shall establish policies for the conduct of all programs of the state and state plans established relating to [vocational] career and technical education unless otherwise provided by law.
B. The [commission] department is the sole agency of the state for the administration or for the supervision of the administration of any state plan relating to [vocational] career and technical education or for any federal aid funds, except as may otherwise be provided by law.
[C. The commission may delegate to the department its administrative functions relating to vocational education.]"
SECTION 5. Section 22-14-3 NMSA 1978 (being Laws 1967, Chapter 16, Section 193, as amended) is amended to read:
"22-14-3. STATE AGENCY FOR [VOCATIONAL] CAREER AND TECHNICAL EDUCATION--AUTHORITY.--The [commission] department is the sole agency of the state for the supervision of the administration of federal aid funds relating to [vocational] career and technical education. The [commission] department may:
A. enter into an agreement with the appropriate federal agency to procure for the state the benefits of the federal statute;
B. establish a state plan, if required by the federal statute, that meets the requirements of the federal statute to qualify the state for the benefits of the federal statute;
C. provide for reports to be made to the federal agency as may be required;
D. provide for reports to be made to the [commission or the] department from agencies receiving federal aid funds;
E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal aid funds are to be applied;
F. establish standards to which agencies must conform in receiving federal aid funds;
G. give technical advice and assistance to any agency in connection with that agency obtaining federal aid funds;
H. coordinate as required by the federal agency with the state workforce development board; and
I. as required by the federal agency, make available a list of all school dropout, post-secondary and adult programs assisted pursuant to the state plan."
SECTION 6. Section 22-14-5 NMSA 1978 (being Laws 1967, Chapter 16, Section 195, as amended) is amended to read:
"22-14-5. [INSTRUCTIONAL SUPPORT AND VOCATIONAL EDUCATION DIVISION] COLLEGE AND CAREER READINESS BUREAU--POWERS--DUTIES.--Subject to the policies of the [commission] department, the [instructional support and vocational education division] college and career readiness bureau of the department shall:
A. provide [vocational] career and technical education to qualified persons;
B. act as the representative of the [commission] department in administering any state plan or federal aid funds relating to [vocational] career and technical education;
C. cooperate and make agreements with public or private agencies to establish or to maintain a [vocational] career and technical education program;
D. enter into reciprocal agreements with other states to provide [vocational] career and technical education;
E. accept gifts or grants to be used for [vocational] career and technical education;
F. enforce rules for the administration of laws relating to [vocational] career and technical education; and
G. conduct research and compile statistics relating to [vocational] career and technical education."
SECTION 7. Section 22-15C-10 NMSA 1978 (being Laws 2003, Chapter 149, Section 10, as amended) is amended to read:
"22-15C-10. REPORTS--BUDGETS.--[A.] Annually, the department shall submit a budget for the next fiscal year to the department of finance and administration showing expenditures for school library material to be paid from the fund, including reasonable shipping and handling charges and library material processing expenses.
[B. Upon request, the department shall make reports to the public education commission concerning the administration and execution of the School Library Material Act.]"
SECTION 8. Section 22-23A-6 NMSA 1978 (being Laws 2003, Chapter 151, Section 6, as amended by Laws 2007, Chapter 295, Section 5 and by Laws 2007, Chapter 296, Section 5) is amended to read:
"22-23A-6. ADVISORY COUNCIL.--
A. The "Indian education advisory council" is created and shall advise the secretary and assistant secretary on implementation of the provisions of the Indian Education Act. The council consists of sixteen members as follows:
(1) four representatives from the Navajo Nation;
(2) two representatives, one from the Mescalero Apache Tribe and one from the Jicarilla Apache Nation;
(3) four representatives, two from the southern pueblos and two from the northern pueblos;
(4) three urban Indians representing urban areas, including Albuquerque, Gallup and Farmington; and
(5) three at-large representatives, one from the federal bureau of Indian affairs, one from a head start organization and one from the general public, at least one of whom shall be nontribal, but all of whom shall have knowledge of and involvement in the education of tribal students.
B. Members shall be appointed by the secretary with input from New Mexico tribes and organizations involved in the education of tribal students for staggered terms so that the terms of the at-large members and of one-half of each of the tribal representatives end on December 31, 2009 and the terms of the remaining members end on December 31, 2011. Thereafter, appointments shall be for terms of four years. The terms of existing members shall expire on [the effective date of this 2007 act] June 15, 2007.
C. A majority of the members of the Indian education advisory council constitutes a quorum. The advisory council shall elect a chair from its membership.
D. On a semiannual basis, representatives from all New Mexico tribes, [members of the commission] the office of the governor, the Indian affairs department, the legislature, the secretary, the assistant secretary and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of tribal students.
E. Members of the Indian education advisory council may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act."
SECTION 9. Section 22-23B-4 NMSA 1978 (being Laws 2010, Chapter 108, Section 4 and Laws 2010, Chapter 114, Section 4) is amended to read:
"22-23B-4. HISPANIC EDUCATION LIAISON--CREATED--DUTIES.--
A. The "Hispanic education liaison" is created in the department.
B. The liaison shall:
(1) focus on issues related to Hispanic education and advise the secretary on the development and implementation of policy regarding the education of Hispanic students;
(2) advise the department [and the commission] on the development and implementation of the five-year strategic plan for public elementary and secondary education in the state as the plan relates to Hispanic student education;
(3) assist and be assisted by other staff in the department to improve elementary, secondary and post-secondary educational outcomes for Hispanic students;
(4) serve as a resource to enable school districts and charter schools to provide equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Hispanic students enrolled in public schools;
(5) support and consult with the Hispanic education advisory council; and
(6) support school districts and charter schools to recruit parents on site-based and school district committees that represent the ethnic diversity of the community."
SECTION 10. REPEAL.--
A. Section 22-2-2.2 NMSA 1978 (being Laws 2004, Chapter 27, Section 17) is repealed.
B. Laws 2010, Chapter 108, Section 4 is repealed.
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