0001| SENATE BILL 671
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| RAYMOND L. KYSAR
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOLS; PROVIDING FOR A SECRETARY OF
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0012| EDUCATION; SPECIFYING POWERS AND DUTIES; ABOLISHING THE STATE
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0013| BOARD OF EDUCATION; AMENDING, REPEALING AND ENACTING SECTIONS
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0014| OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. [NEW MATERIAL] SECRETARY OF EDUCATION--
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0018| APPOINTMENT.--
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0019| A. The chief executive and administrative officer
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0020| of the state department of public education is the "secretary
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0021| of education". The secretary shall be appointed by the
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0022| governor with the advice and consent of the senate. The
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0023| secretary shall hold office at the pleasure of the governor and
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0024| shall serve in the executive cabinet.
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0025| B. A person appointed as secretary shall serve and
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0001| have all the duties, responsibilities and authority of that
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0002| office during the period of time prior to the final action by
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0003| the senate confirming or rejecting his appointment.
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0004| Section 2. [NEW MATERIAL] SECRETARY OF EDUCATION--
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0005| GENERAL POWERS AND DUTIES.--
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0006| A. The secretary of education is responsible to the
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0007| governor for the operation of the state department of public
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0008| education and to administer and enforce the laws with which the
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0009| department is charged.
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0010| B. The secretary shall exercise general supervisory
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0011| and appointive power over the department employees, subject to
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0012| applicable personnel and other laws and regulations.
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0013| Section 3. [NEW MATERIAL] STATE BOARD ABOLISHED.--On
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0014| the effective date of this act, the state board of education is
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0015| abolished.
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0016| Section 4. Section 22-1-2 NMSA 1978 (being Laws 1967,
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0017| Chapter 16, Section 2, as amended) is amended to read:
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0018| "22-1-2. DEFINITIONS.--As used in the Public School Code:
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0019| A. "state board" means the [state board of
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education] department;
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0021| B. "state superintendent" means the
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0022| [superintendent of public instruction] secretary;
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0023| C. "department" [of education] means the state
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0024| department of public education;
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0025| D. "certified school instructor" means any person
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0001| holding a valid certificate authorizing the person to teach,
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0002| supervise an instructional program, counsel or provide special
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0003| instructional services in the public schools of the state;
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0004| E. "certified school administrator" means any
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0005| person holding a valid certificate authorizing the person to
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0006| administer in the public schools of the state;
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0007| F. "certified school employee" or "certified school
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0008| personnel" means any employee who is either a certified school
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0009| instructor or a certified school administrator or both;
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0010| G. "non-certified school employee" means any
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0011| employee who is not a certified school employee;
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0012| H. "certificate" means a certificate issued by the
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0013| [state board] department authorizing a person to teach,
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0014| supervise an instructional program, counsel, provide special
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0015| instructional services or administer in the public schools of
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0016| the state;
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0017| I. "chief" or "director" means the [state
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superintendent] secretary or his designee unless the context
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0019| clearly indicates otherwise;
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0020| J. "private school" means a school offering on-site
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0021| programs of instruction not under the control, supervision or
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0022| management of a local school board, exclusive of home
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0023| instruction offered by the parent, guardian or one having
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0024| custody of the student;
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0025| K. "school district" means an area of land
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0001| established as a political subdivision of the state for the
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0002| administration of public schools and segregated geographically
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0003| for taxation and bonding purposes;
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0004| L. "local school board" means the governing body of
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0005| a school district;
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0006| M. "public school" means that part of a school
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0007| district that is a single attendance center where instruction
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0008| is offered by a certified school instructor or a group of
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0009| certified school instructors and is discernible as a building
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0010| or group of buildings generally recognized as either an
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0011| elementary, secondary, junior high or high school or any
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0012| combination thereof;
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0013| N. "school year" means the total number of teaching
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0014| days offered by public schools in a school district during a
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0015| period of twelve consecutive months;
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0016| O. "consolidation" means the combination of part or
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0017| all of the geographical area of an existing school district
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0018| with part or all of the geographical area of one or more
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0019| contiguous existing school districts;
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0020| P. "consolidated school district" means a school
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0021| district created by order of the [state board] department
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0022| by combining part or all of the geographical area of an
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0023| existing school district with part or all of the geographical
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0024| area of one or more contiguous existing school districts;
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0025| Q. "state institution" means the New Mexico
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0001| military institute, the New Mexico school for the visually
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0002| handicapped, the New Mexico school for the deaf, the New Mexico
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0003| boys' school, the New Mexico youth diagnostic and development
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0004| center, the Los Lunas medical center, [the Fort Stanton
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hospital] the Las Vegas medical center or the Carrie Tingley
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0006| crippled children's hospital;
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0007| R. "state educational institution" means an
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0008| institution enumerated in Article 12, Section 11 of the
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0009| constitution of New Mexico;
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0010| S. "forty-day report" means the report of qualified
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0011| student membership of each school district and of those
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0012| eligible to be qualified students but enrolled in a private
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0013| school or a home school for the first forty days of school;
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0014| T. "school" means any supervised program of
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0015| instruction designed to educate a person in a particular place,
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0016| manner and subject area;
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0017| U. "school-age person" means any person who is at
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0018| least five years of age prior to 12:01 a.m. on September 1 of
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0019| the school year and who has not received a high school diploma
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0020| or its equivalent. A maximum age of twenty-one shall be used
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0021| for persons who are classified as special education membership
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0022| as defined in Section 22-8-2 NMSA 1978 or as residents of state
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0023| institutions;
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0024| V. "home school" means the operation by a parent,
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0025| guardian or other person having custody of a school-age person
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0001| who instructs a home study program that provides a basic
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0002| academic educational program, including but not limited to
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0003| reading, language arts, mathematics, social studies and
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0004| science; [and]
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0005| W. "school building" means a public school, an
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0006| administration building and related school structure or
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0007| facilities, including teacher housing, as may be owned,
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0008| acquired or constructed by the local school board and as
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0009| necessary to carry out the powers and duties of the local
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0010| school board; and
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0011| X. "secretary" means the secretary of education."
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0012| Section 5. Section 22-2-1 NMSA 1978 (being Laws 1990 (1st
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0013| S.S.), Chapter 9, Section 10, as amended) is amended to read:
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0014| "22-2-1. [STATE BOARD] DEPARTMENT--POWERS.--
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0015| A. The [state board] department is the
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0016| governing authority and shall have control, management and
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0017| direction of all public schools, except as otherwise provided
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0018| by law.
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0019| B. The [state board] department may promulgate,
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0020| publish and enforce regulations to exercise its authority
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0021| granted pursuant to the Public School Code.
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0022| C. The [state board] department may apply to
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0023| the district court for an injunction, writ of mandamus or other
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0024| appropriate relief to enforce the provisions of the Public
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0025| School Code or any of its regulations promulgated pursuant to
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0001| the Public School Code.
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0002| D. The [state board] department may waive
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0003| provisions of the Public School Code as authorized by law."
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0004| Section 6. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0005| Chapter 16, Section 5, as amended) is amended to read:
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0006| "22-2-2. [STATE BOARD] DEPARTMENT--OTHER DUTIES.--
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0007| Without limiting those powers granted to the [state board]
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0008| department pursuant to Section 22-2-1 NMSA 1978, the [state
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board] department under the supervision and direction of the
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0010| secretary shall perform the following duties:
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0011| A. properly and uniformly enforce the provisions of
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0012| the Public School Code;
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0013| B. [determine] administer policy for the
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0014| operation of all public schools and vocational education
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0015| programs in the state;
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0016| [C. appoint a state superintendent;
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D.] C. purchase and loan instructional material
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0018| to students pursuant to the Instructional Material Law and
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0019| adopt regulations relating to the use and operation of
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0020| instructional material depositories in the instructional
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0021| material distribution process;
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0022| [E.] D. designate courses of instruction to be
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0023| taught in all public schools in the state;
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0024| [F.] E. assess and evaluate all state
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0025| institutions and those private schools that desire state
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0001| accreditation;
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0002| [G.] F. determine the qualifications for and
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0003| issue a certificate to any person teaching, assisting teachers,
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0004| supervising an instructional program, counseling, providing
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0005| special instructional services or administering in public
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0006| schools, according to law and according to a system of
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0007| classification adopted and published by the [state board]
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0008| department;
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0009| [H.] G. suspend or revoke a certificate held by
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0010| a certified school instructor or certified school
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0011| administrator, according to law, for incompetency, immorality
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0012| or for any other good and just cause;
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0013| [I.] H. make full and complete reports on
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0014| consolidation of school districts to the legislature;
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0015| [J.] I. prescribe courses of instruction,
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0016| requirements for graduation and standards for all public
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0017| schools, for private schools seeking state accreditation and
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0018| for the educational programs conducted in state institutions
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0019| other than the New Mexico military institute;
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0020| [K.] J. adopt regulations for the
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0021| administration of all public schools and bylaws for its own
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0022| administration;
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0023| [L.] K. require periodic reports on forms
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0024| prescribed by it from all public schools and attendance reports
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0025| from private schools;
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0001| [M.] L. authorize adult educational programs to
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0002| be conducted in schools under its jurisdiction and promulgate
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0003| and publish regulations governing all such adult educational
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0004| programs;
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0005| [N.] M. require any school under its
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0006| jurisdiction that sponsors athletic programs involving sports
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0007| to mandate that the participating student obtain catastrophic
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0008| health and accident insurance coverage, such coverage to be
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0009| offered through the school and issued by an insurance company
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0010| duly licensed pursuant to the laws of New Mexico;
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0011| [O.] N. require all accrediting agencies for
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0012| public schools in the state to act with its approval;
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0013| [P.] O. accept and receive all grants of money
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0014| from the federal government or any other agency for public
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0015| school purposes and disburse the money in the manner and for
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0016| the purpose specified in the grant;
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0017| [Q.] P. require prior approval for any
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0018| educational program in a public school that is to be conducted,
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0019| sponsored, carried on or caused to be carried on by a private
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0020| organization or agency;
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0021| [R.] Q. approve or disapprove all rules or
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0022| regulations promulgated by any association or organization
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0023| attempting to regulate any public school activity and
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0024| invalidate any rule or regulation in conflict with any
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0025| regulation promulgated by the [state board] department.
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0001| The [state board] department may require performance and
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0002| financial audits of any association or organization attempting
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0003| to regulate any public school activity. The [state board]
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0004| department shall have no power or control over the rules or
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0005| regulations or the bylaws governing the administration of the
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0006| internal organization of the association or organization;
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0007| [S.] R. review decisions made by the governing
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0008| board or officials of any organization or association
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0009| regulating any public school activity, and any decision of the
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0010| [state board] department shall be final in respect thereto;
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0011| [T.] S. accept or reject any charitable gift,
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0012| grant, devise or bequest. The particular gift, grant, devise
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0013| or bequest accepted shall be considered an asset of the state;
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0014| [U.] T. establish and maintain regional
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0015| centers, at its discretion, for conducting cooperative services
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0016| between public schools and school districts within and among
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0017| those regions and to facilitate regulation and evaluation of
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0018| school programs;
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0019| [V.] U. assess and evaluate for accreditation
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0020| purposes at least one-third of all public schools each year
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0021| through visits by department [of education] personnel to
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0022| investigate the adequacy of pupil gain in standard required
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0023| subject matter, adequacy of pupil activities, functional
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0024| feasibility of public school and school district organization,
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0025| adequacy of staff preparation and other matters bearing upon
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0001| the education of the students;
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0002| [W.] V. provide for management and other
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0003| necessary personnel to operate any public school or school
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0004| district that has failed to meet requirements of law, [state
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board] department standards or [state board] department
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0006| regulations; provided that the operation of the public school
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0007| or school district shall not include any consolidation or
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0008| reorganization without the approval of the local board of that
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0009| school district. Until such time as requirements of law,
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0010| standards or regulations have been met and compliance is
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0011| assured, the powers and duties of the local school board shall
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0012| be suspended;
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0013| [X.] W. establish and implement a plan that
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0014| provides for technical assistance to local school boards
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0015| through workshops and other in-service training methods;
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0016| provided, however, that no plan shall require mandatory
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0017| attendance by any member of a local school board;
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0018| [Y.] X. submit a plan applying for funds
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0019| available under Public Law 94-142 and disburse these funds in
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0020| the manner and for the purposes specified in the plan; and
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0021| [Z.] Y. enforce requirements for home schools.
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0022| Upon finding that a home school is not in compliance with law,
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0023| the [state board] department shall have authority to order
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0024| that a student attend a public school or a private school."
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0025| Section 7. Section 22-2-6 NMSA 1978 (being Laws 1967,
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0001| Chapter 16, Section 9, as amended) is amended to read:
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0002| "22-2-6. DEPARTMENT OF EDUCATION--DUTIES.--Subject to the
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0003| policies, [of the state board and the] supervision and
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0004| direction of the [state superintendent] secretary, the
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0005| department [of education] shall have the following duties:
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0006| A. supervise all schools and school officials
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0007| coming under the jurisdiction of the [state board]
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0008| department;
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0009| B. advise boards of regents of state educational
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0010| institutions on matters concerning the Public School Code;
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0011| C. prescribe, print and distribute forms to carry
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0012| out the duties of the [state board] department pursuant to
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0013| the Public School Code;
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0014| D. annually, prior to December 1, prepare and
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0015| publish a report on public and private education in the state
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0016| and distribute the report to the governor and the legislature;
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0017| E. keep accurate records of all money received by
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0018| the [state superintendent] secretary or the department [of
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education];
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0020| F. publish and distribute copies of the Public
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0021| School Code and regulations promulgated by the [state board]
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0022| department to local school boards in the state;
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0023| G. confer with local school boards and certified
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0024| school personnel on matters concerning education in the state;
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0025| H. prepare and distribute patriotic material to
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0001| schools in the state; and
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0002| I. evaluate all educational programs in state
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0003| institutions [under the authority of the secretary of the
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health and environment department]."
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0005| Section 8. REPEAL.--Sections 22-2-3 through 22-2-5 and
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0006| 22-3-37 through 22-3-54 NMSA 1978 (being Laws 1967, Chapter 16,
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0007| Sections 6 through 8 and Laws 1991 (1st S.S.), Chapter 4,
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0008| Sections 1 through 18, as amended) are repealed.
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0009| Section 9. EFFECTIVE DATE.--The provisions of this act
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0010| shall become effective upon certification by the secretary of
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0011| state that the constitution of New Mexico has been amended as
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0012| proposed by a joint resolution of the forty-third legislature,
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0013| first session entitled "A JOINT RESOLUTION PROPOSING AN
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0014| AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW
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0015| MEXICO TO ABOLISH THE STATE BOARD OF EDUCATION.".
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0016|
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