HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 325

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOL GOVERNANCE; CREATING REPORTING REQUIREMENTS; PROVIDING A PENALTY FOR VIOLATING THE NEPOTISM PROVISIONS; REQUIRING MORE MANDATORY TRAINING FOR LOCAL SCHOOL BOARDS AND GOVERNING BODIES OF CHARTER SCHOOLS; PROVIDING MORE PUBLIC ACCESS TO DECISION MAKING OF LOCAL SCHOOL BOARDS AND GOVERNING BODIES OF CHARTER SCHOOLS THROUGH WEBCASTING AND ARCHIVING MEETINGS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 1-22A-2 NMSA 1978 (being Laws 2013, Chapter 180, Section 2, as amended) is amended to read:

     "1-22A-2. DEFINITIONS.--As used in the School District Campaign Reporting Act:

          A. "campaign committee" means one or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing the candidate to office;

          B. "candidate" means a person who seeks or considers an office in an election covered by the School District Campaign Reporting Act and who either has filed a declaration of candidacy or has received contributions or made expenditures of five hundred dollars ($500) or more or authorized another person or campaign committee to receive contributions or make expenditures of five hundred dollars ($500) or more for the purpose of seeking election to a covered office;

          C. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign; but "contribution" does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or campaign committee;

          D. "covered office" means the position of board of education member of a school district [that has an enrollment of twelve thousand students or more] or the position of board member of a community college organized or operating pursuant to the provisions of Chapter 21, Article 13 or Article 16 NMSA 1978;

          E. "election cycle" means the period beginning thirty days after an election for an office and ending thirty days following the subsequent election day for that office;

          F. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a political purpose, including payment of a debt incurred in an election campaign;

          G. "political purpose" means advocating the election or defeat of a candidate in an election;

          H. "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state; and

          I. "reporting individual" means a candidate or treasurer of a campaign committee."

     SECTION 2. Section 22-5-6 NMSA 1978 (being Laws 1971, Chapter 199, Section 1, as amended) is amended to read:

     "22-5-6. NEPOTISM PROHIBITED--PENALTY.--

          A. A local superintendent shall 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 local school board or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent. If a school district of fewer than

five hundred students is unable to recruit another qualified applicant for a position for which a family member of a local school board member is qualified, the local superintendent may provide proof of qualification and request the department to grant a waiver to employ the family member.

          B. If a violation of Subsection A of this section occurs in a school district when the nepotistic relationship is between the person employed and a member of the local school board, the person shall be discharged and the member shall be removed from office.

          [B.] C. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008."

     SECTION 3. Section 22-5-13 NMSA 1978 (being Laws 2003, Chapter 153, Section 24) is amended to read:

     "22-5-13. LOCAL SCHOOL BOARD MANDATORY TRAINING.--

          A. The department shall develop a mandatory training course for local school board members that explains [state board rules] department rules, policies and procedures, statutory powers and duties of local school boards, legal concepts pertaining to public schools, finance and budget, including performance-based budgeting, and other matters deemed relevant by the department. The department shall notify local school board members of the dates of the training course, the last of which shall not be later than three months after a local school board election.

          B. Other mandatory training shall include:

                (1) laws and department policies and

procedures affecting local school boards or public schools;

                (2) public school finance, budgeting and fiduciary responsibilities of local school boards;

                (3) a local school board's role in evaluating and improving student academic achievement and using data to set individual school goals for student academic achievement in each of the school district's public schools;

                (4) a local school board's role in providing a safe learning environment conducive to improving student outcomes;

                (5) legal concepts pertaining to local school boards and school districts, including the Open Meetings Act and the Inspection of Public Records Act; and

                (6) effective governance practices and effective methods of supporting and supervising the local superintendent."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARD MEETINGS--WEBCASTING AND ARCHIVING.--Except as otherwise provided in this section, live audio and video webcasts of local school board meetings shall be accessible through the school district's website and shall include a user interface that allows members of the public to submit comments. A webcast shall begin as soon as practicable after the chair has called the meeting to order and shall terminate as soon as practicable after the local school board has adjourned. Recordings of the webcasts shall be posted on the school district's website within one week of the meeting's conclusion and shall be publicly available for at least five years following the date of the meeting unless the state records retention schedule provides otherwise."

     SECTION 5. Section 22-8B-5.1 NMSA 1978 (being Laws 2009, Chapter 18, Section 1) is amended to read:

     "22-8B-5.1. GOVERNING BODY TRAINING.--

          A. The department shall develop a mandatory training course for all governing body members that explains department rules, policies and procedures, statutory powers and duties of governing boards, legal concepts pertaining to public schools, finance and budget and other matters deemed relevant by the department. The department shall notify the governing body members of the dates of the training courses.

          B. Other mandatory training shall cover:

                (1) laws and department policies and procedures affecting governing bodies or charter schools;

                (2) public school finance, budgeting and fiduciary responsibilities of governing bodies, in particular federal and state requirements for state-chartered charter schools to receive and maintain the schools' status as boards of finance;

                (3) a governing body's role in evaluating and

improving student academic achievement and using data to set

the school's goals for student academic achievement;

                (4) a governing body's role in providing a safe learning environment conducive to improving student outcomes;

                (5) legal concepts pertaining to governing bodies and charter schools, including the Open Meetings Act and the Inspection of Public Records Act; and

                (6) effective governance practices and effective methods of supporting and supervising the head administrator."

     SECTION 6. A new section of the Charter Schools Act is enacted to read: 

     "[NEW MATERIAL] GOVERNING BODY MEETINGS--WEBCASTING AND ARCHIVING.--Except as otherwise provided in this section, live audio and video webcasts of governing body meetings shall be accessible through the charter school's website and shall include a user interface that allows members of the public to submit comments. A webcast shall begin as soon as practicable after the chair has called the meeting to order and shall terminate as soon as practicable after the body has adjourned. Recordings of the webcasts shall be posted on the charter school's website within one week of the meeting's conclusion and shall be publicly available for at least five years following the date of the meeting unless the state records retention schedule provides otherwise."

     SECTION 7. APPLICABILITY.--The provisions of this act apply to the 2023-2024 school year and subsequent school years.

- 8 -