0001| AN ACT
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0002| RELATING TO EDUCATION; AMENDING A SECTION OF THE PUBLIC SCHOOL CODE
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0003| PERTAINING TO THE DUTIES OF THE STATE BOARD OF EDUCATION.
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0004|
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967, Chapter 16,
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0007| Section 5, as amended) is amended to read:
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0008| "22-2-2. STATE BOARD--DUTIES.--Without limiting those powers
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0009| granted to the state board pursuant to Section 22-2-1 NMSA 1978, the
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0010| state board shall perform the following duties:
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0011| A. properly and uniformly enforce the provisions of the
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0012| Public School Code;
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0013| B. determine policy for the operation of all public schools
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0014| and vocational education programs in the state;
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0015| C. appoint a state superintendent;
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0016| D. purchase and loan instructional material to students
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0017| pursuant to the Instructional Material Law and adopt regulations
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0018| relating to the use and operation of instructional material depositories
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0019| in the instructional material distribution process;
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0020| E. designate courses of instruction to be taught in all
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0021| public schools in the state;
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0022| F. assess and evaluate all state institutions and those
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0023| private schools that desire state accreditation;
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0024| G. determine the qualifications for and issue a certificate
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0025| to any person teaching, assisting teachers, supervising an instructional
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0001| program, counseling, providing special instructional services or
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0002| administering in public schools, according to law and according to a
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0003| system of classification adopted and published by the state board;
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0004| H. suspend or revoke a certificate held by a certified
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0005| school instructor or certified school administrator, according to law,
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0006| for incompetency, immorality or for any other good and just cause;
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0007| I. make full and complete reports on consolidation of school
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0008| districts to the legislature;
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0009| J. prescribe courses of instruction, requirements for
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0010| graduation and standards for all public schools, for private schools
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0011| seeking state accreditation and for the educational programs conducted
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0012| in state institutions other than New Mexico military institute;
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0013| K. adopt regulations for the administration of all public
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0014| schools and bylaws for its own administration;
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0015| L. require periodic reports on forms prescribed by it from
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0016| all public schools and attendance reports from private schools;
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0017| M. authorize adult educational programs to be conducted in
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0018| schools under its jurisdiction and promulgate and publish regulations
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0019| governing all such adult educational programs;
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0020| N. require any school under its jurisdiction that sponsors
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0021| athletic programs involving sports to mandate that the participating
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0022| student obtain catastrophic health and accident insurance coverage, such
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0023| coverage to be offered through the school and issued by an insurance
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0024| company duly licensed pursuant to the laws of New Mexico;
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0025| O. require all accrediting agencies for public schools in
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0001| the state to act with its approval;
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0002| P. accept and receive all grants of money from the federal
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0003| government or any other agency for public school purposes and disburse
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0004| the money in the manner and for the purpose specified in the grant;
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0005| Q. require prior approval for any educational program in a
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0006| public school that is to be conducted, sponsored, carried on or caused
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0007| to be carried on by a private organization or agency;
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0008| R. approve or disapprove all rules or regulations
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0009| promulgated by any association or organization attempting to regulate
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0010| any public school activity and invalidate any rule or regulation in
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0011| conflict with any regulation promulgated by the state board. The state
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0012| board may require performance and financial audits of any association or
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0013| organization attempting to regulate any public school activity. The
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0014| state board shall have no power or control over the rules or regulations
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0015| or the bylaws governing the administration of the internal organization
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0016| of the association or organization;
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0017| S. review decisions made by the governing board or officials
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0018| of any organization or association regulating any public school
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0019| activity, and any decision of the state board shall be final in respect
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0020| thereto;
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0021| T. accept or reject any charitable gift, grant, devise or
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0022| bequest. The particular gift, grant, devise or bequest accepted shall
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0023| be considered an asset of the state;
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0024| U. establish and maintain regional centers, at its
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0025| discretion, for conducting cooperative services between public schools
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0001| and school districts within and among those regions and to facilitate
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0002| regulation and evaluation of school programs;
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0003| V. assess and evaluate for accreditation purposes at least
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0004| one-third of all public schools each year through visits by department
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0005| of education personnel to investigate the adequacy of pupil gain in
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0006| standard required subject matter, adequacy of pupil activities,
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0007| functional feasibility of public school and school district
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0008| organization, adequacy of staff preparation and other matters bearing
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0009| upon the education of the students;
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0010| W. provide for management and other necessary personnel to
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0011| operate any public school or school district that has failed to meet
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0012| requirements of law, state board standards or state board regulations;
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0013| provided that the operation of the public school or school district
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0014| shall not include any consolidation or reorganization without the
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0015| approval of the local board of that school district. Until such time as
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0016| requirements of law, standards or regulations have been met and
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0017| compliance is assured, the powers and duties of the local school board
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0018| shall be suspended;
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0019| X. establish and implement a plan that provides for
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0020| technical assistance to local school boards through workshops and other
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0021| in-service training methods; provided, however, that no plan shall
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0022| require mandatory attendance by any member of a local school board;
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0023| Y. submit a plan applying for funds available under Public
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0024| Law 94-142 and disburse these funds in the manner and for the purposes
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0025| specified in the plan; and
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0001| Z. enforce requirements for home schools. Upon finding that
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0002| a home school is not in compliance with law, the state board shall have
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0003| authority to order that a student attend a public school or a private
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0004| school."
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0005|
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0006| HB
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0007| 782
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0008| Page
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