SENATE BILL 482
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Benny Shendo, Jr.
AN ACT
RELATING TO PUBLIC EDUCATION; ENACTING THE STATE-TRIBAL EDUCATION COMPACT SCHOOLS ACT; PROVIDING AUTHORIZATION TO THE PUBLIC EDUCATION DEPARTMENT TO ENTER INTO STATE-TRIBAL EDUCATION COMPACTS; PROVIDING FOR THE APPLICATION PROCESS OF BECOMING A STATE-TRIBAL EDUCATION COMPACT SCHOOL; PROVIDING RULEMAKING AUTHORITY; PROVIDING REQUIREMENTS FOR THE OPERATION OF STATE-TRIBAL EDUCATION COMPACT SCHOOLS; EXEMPTING STATE-TRIBAL EDUCATION COMPACT SCHOOLS FROM MOST STATE STATUTES AND RULES; PROVIDING REPORTING REQUIREMENTS; ALLOWING STATE-TRIBAL EDUCATION COMPACT SCHOOLS TO RECEIVE STATE AND FEDERAL FUNDING; ALLOWING FOR EMPLOYMENT PREFERENCES AND ADMISSIONS PRIORITIZATION.
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] SHORT TITLE.--This act may be cited as the "State-Tribal Education Compact Schools Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITION.--As used in the State-Tribal Education Compact Schools Act, "state-tribal education compact" means a compact that has been entered into by the department and an Indian nation, tribe or pueblo located wholly or partially in New Mexico."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] AUTHORIZATION OF DEPARTMENT TO ENTER INTO STATE-TRIBAL EDUCATION COMPACTS--APPLICATION PROCESS AND CONTENTS--TRIBAL RESOLUTION--STATE-TRIBAL EDUCATION COMPACTS CONTENTS--RULEMAKING AUTHORITY.--
A. The department is authorized to enter into state-tribal education compacts for language- and culture-based schools.
B. No later than six months after the effective date of the State-Tribal Education Compact Schools Act, the department shall establish an application and approval process, procedures and time lines for the negotiation between the department and the Indian nation, tribe or pueblo, approval or disapproval and execution of state-tribal education compacts.
C. The process described in Subsection B of this section may be initiated by submission to the department of a resolution by:
(1) the governing body of an Indian nation, tribe or pueblo in the state of New Mexico; or
(2) the governing body of any of the schools in New Mexico that are currently funded by the federal bureau of Indian affairs, whether directly or through a contract or compact with an Indian nation, tribe or pueblo or a tribal consortium.
D. The resolution shall be accompanied by an application to create a state-tribal education compact school that indicates the grade or grades from pre-kindergarten through twelfth grade that will be offered at the state-tribal education compact school and that demonstrates that the school will operate in compliance with all applicable laws, any rules adopted pursuant to the State-Tribal Education Compact Schools Act and the terms and conditions set forth in the application. Both the resolution and the application to create a state-tribal education compact school shall be submitted to the department.
E. Within ninety days of receipt of a resolution and application as provided in this section, the department shall convene a government-to-government meeting for the purpose of considering the resolution and application and initiating negotiations between the department and the Indian nation, tribe or pueblo. The department and the Indian nation, tribe or pueblo that is submitting the resolution and application to create a state-tribal education compact school shall determine the terms of the state-tribal education compact.
F. State-tribal education compacts shall have a term of five years and shall include the following provisions:
(1) compliance;
(2) notices of violation;
(3) dispute resolution, which may include nonjudicial processes such as mediation;
(4) recordkeeping and auditing;
(5) the delineation of the respective roles and responsibilities;
(6) whether the compact is renewable; and
(7) compact termination.
G. The department shall promulgate rules for the implementation of the State-Tribal Education Compact Schools Act.
H. The department shall post each state-tribal education compact to the department's web page."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] OPERATION OF STATE-TRIBAL EDUCATION COMPACT SCHOOLS--EXEMPTION FROM STATE STATUTES AND RULES--REQUIREMENTS FOR A STATE-TRIBAL EDUCATION COMPACT SCHOOL--PROHIBITION OF SECTARIAN PRACTICES--ENROLLMENT AND SCHOOL CHOICE.--
A. A state-tribal education compact school shall operate according to the terms of its compact executed in accordance with Section 3 of the State-Tribal Education Compact Schools Act.
B. A state-tribal education compact is exempt from all state statutes and rules applicable to school districts, state-chartered charter schools, local school boards or governing bodies of charter schools, except for those statutes and rules made applicable pursuant to the State-Tribal Education Compact Schools Act and in the state-tribal education compact executed pursuant to Section 3 of that act.
C. Each state-tribal education compact school shall:
(1) create a curriculum and conduct an educational program that is controlled and evaluated by the Indian nation, tribe or pueblo and is language and culture based;
(2) employ licensed school employees;
(3) comply with the licensed school employee background check as provided in Section 22-10A-5 NMSA 1978 and comply with the provisions of Section 22-10A-5.2 NMSA 1978 and the termination and notification provisions of Section 22-10A-22 NMSA 1978;
(4) comply with nondiscrimination laws;
(5) adhere to generally accepted accounting principles and be subject to financial examinations and audits as determined by the state auditor, including annual audits for legal and fiscal compliance; and
(6) be subject to and comply with legislation enacted after the effective date of the State-Tribal Education Compact Schools Act governing the operation and management of state-tribal education compact schools.
D. A state-tribal education compact school shall not engage in sectarian practices in its educational program, admissions or employment policies or operations.
E. Nothing in the State-Tribal Education Compact Schools Act may limit or restrict any enrollment or school choice options provided for by law."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] STATE-TRIBAL EDUCATION COMPACT SCHOOLS--TUITION CHARGE--ADMISSION--EXCEPTIONS TO ADMISSION.--
A. A state-tribal education compact school shall not charge tuition but may charge fees for participation in optional extracurricular events and activities.
B. A state-tribal education compact school shall not deny admission on any basis other than age group, grade level or capacity and shall otherwise enroll all students who apply.
C. If capacity is insufficient to enroll all students who apply, a state-tribal education compact school may prioritize the enrollment of tribal members and siblings of students who are already enrolled at the state-tribal education compact school."
SECTION 6. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] REPORTING REQUIREMENTS--SCHOOL FUNDING.--
A. A state-tribal education compact school shall report student enrollment to the department. Reporting shall be done in the same manner as reporting for and use the same definitions of enrolled students and annual average full-time-equivalent enrollment as is required of school districts. The reporting requirements in this subsection are required for a school to receive state or federal funding that is allocated based on student enrollment and demographics.
B. Funding for a state-tribal education compact school shall be determined by the public school funding formula provided for in the Public School Finance Act. Salary amounts for licensed school employees shall be based on the salary amounts of the school district in which the state-tribal education compact school is located. Nothing in this section requires a state-tribal education compact school to use the statewide salary minimums pursuant to the School Personnel Act. A state-tribal education compact school is eligible to apply for state grants on the same basis as a school district.
C. Money received by a state-tribal education compact school from any source that remains in the school's accounts at the end of any budget year shall remain in the school's accounts for use by the school during subsequent fiscal years."
SECTION 7. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] EMPLOYMENT PREFERENCE--ADMISSION PRIORITY.--Nothing in the State-Tribal Education Compact Schools Act prohibits schools established pursuant to that act from:
A. implementing a policy of preference to Indians in employment; or
B. prioritizing the admission of tribal members when the capacity of the school's programs or facilities are not as large as demand."
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
- 8 -