0001| SENATE BILL 768 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| TIMOTHY Z. JENNINGS | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE STATE BOARD OF EDUCATION; REQUIRING THE STATE | 0013| BOARD OF EDUCATION TO ADOPT RULES GOVERNING SCHOOL MEMBERSHIP IN | 0014| CERTAIN ASSOCIATIONS OR ORGANIZATIONS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967, | 0018| Chapter 16, Section 5, as amended) is amended to read: | 0019| "22-2-2. STATE BOARD--DUTIES.--Without limiting those | 0020| powers granted to the state board pursuant to Section 22-2-1 | 0021| NMSA 1978, the state board shall perform the following duties: | 0022| A. properly and uniformly enforce the provisions of | 0023| the Public School Code; | 0024| B. determine policy for the operation of all public | 0025| schools and vocational education programs in the state; | 0001| C. appoint a state superintendent; | 0002| D. purchase and loan instructional material to | 0003| students pursuant to the Instructional Material Law and adopt | 0004| regulations relating to the use and operation of instructional | 0005| material depositories in the instructional material distribution | 0006| process; | 0007| E. designate courses of instruction to be taught in | 0008| all public schools in the state; | 0009| F. assess and evaluate all state institutions and | 0010| those private schools that desire state accreditation; | 0011| G. determine the qualifications for and issue a | 0012| certificate to any person teaching, assisting teachers, | 0013| supervising an instructional program, counseling, providing | 0014| special instructional services or administering in public | 0015| schools, according to law and according to a system of | 0016| classification adopted and published by the state board; | 0017| H. suspend or revoke a certificate held by a | 0018| certified school instructor or certified school administrator, | 0019| according to law, for incompetency, immorality or for any other | 0020| good and just cause; | 0021| I. make full and complete reports on consolidation | 0022| of school districts to the legislature; | 0023| J. prescribe courses of instruction, requirements | 0024| for graduation and standards for all public schools, for private | 0025| schools seeking state accreditation and for the educational | 0001| programs conducted in state institutions; | 0002| K. adopt regulations for the administration of all | 0003| public schools and bylaws for its own administration; | 0004| L. require periodic reports on forms prescribed by | 0005| it from all public schools and attendance reports from private | 0006| schools; | 0007| M. authorize adult educational programs to be | 0008| conducted in schools under its jurisdiction and promulgate and | 0009| publish regulations governing all such adult educational | 0010| programs; | 0011| N. require any school under its jurisdiction that | 0012| sponsors athletic programs involving sports to mandate that the | 0013| participating student obtain catastrophic health and accident | 0014| insurance coverage, such coverage to be offered through the | 0015| school and issued by an insurance company duly licensed pursuant | 0016| to the laws of New Mexico; | 0017| O. require all accrediting agencies for public | 0018| schools in the state to act with its approval; | 0019| P. accept and receive all grants of money from the | 0020| federal government or any other agency for public school | 0021| purposes and disburse the money in the manner and for the | 0022| purpose specified in the grant; | 0023| Q. require prior approval for any educational | 0024| program in a public school that is to be conducted, sponsored, | 0025| carried on or caused to be carried on by a private organization | 0001| or agency; | 0002| R. approve or disapprove all rules or regulations | 0003| promulgated by any association or organization attempting to | 0004| regulate any public school activity and invalidate any rule or | 0005| regulation in conflict with any regulation promulgated by the | 0006| state board. The state board may require performance and | 0007| financial audits of any association or organization attempting | 0008| to regulate any public school activity. The state board shall | 0009| have no power or control over the rules or regulations or the | 0010| bylaws governing the administration of the internal organization | 0011| of the association or organization; | 0012| S. adopt rules, for any association or organization | 0013| attempting to regulate any public school activity, governing | 0014| membership in the association or organization; | 0015| [S.] T. review decisions made by the governing | 0016| board or officials of any organization or association regulating | 0017| any public school activity, and any decision of the state board | 0018| shall be final in respect thereto; | 0019| [T.] U. accept or reject any charitable gift, | 0020| grant, devise or bequest. The particular gift, grant, devise or | 0021| bequest accepted shall be considered an asset of the state; | 0022| [U.] V. establish and maintain regional centers, | 0023| at its discretion, for conducting cooperative services between | 0024| public schools and school districts within and among those | 0025| regions and to facilitate regulation and evaluation of school | 0001| programs; | 0002| [V.] W. assess and evaluate for accreditation | 0003| purposes at least one-third of all public schools each year | 0004| through visits by department of education personnel to | 0005| investigate the adequacy of pupil gain in standard required | 0006| subject matter, adequacy of pupil activities, functional | 0007| feasibility of public school and school district organization, | 0008| adequacy of staff preparation and other matters bearing upon the | 0009| education of the students; | 0010| [W.] X. provide for management and other | 0011| necessary personnel to operate any public school or school | 0012| district that has failed to meet requirements of law, state | 0013| board standards or state board regulations; provided that the | 0014| operation of the public school or school district shall not | 0015| include any consolidation or reorganization without the approval | 0016| of the local board of that school district. Until such time as | 0017| requirements of law, standards or regulations have been met and | 0018| compliance is assured, the powers and duties of the local school | 0019| board shall be suspended; | 0020| [X.] Y. establish and implement a plan that | 0021| provides for technical assistance to local school boards through | 0022| workshops and other in-service training methods; provided, | 0023| however, that no plan shall require mandatory attendance by any | 0024| member of a local school board; | 0025| [Y.] Z. submit a plan applying for funds | 0001| available under Public Law 94-142 and disburse these funds in | 0002| the manner and for the purposes specified in the plan; and | 0003| [Z.] AA. enforce requirements for home schools. | 0004| Upon finding that a home school is not in compliance with law, | 0005| the state board shall have authority to order that a student | 0006| attend a public school or a private school." | 0007|  |