0001| HOUSE BILL 324 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| TERRY T. MARQUARDT | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC SCHOOLS; PROVIDING FOR A SECRETARY OF | 0012| EDUCATION; SPECIFYING POWERS AND DUTIES; ABOLISHING THE STATE | 0013| BOARD OF EDUCATION; AMENDING, REPEALING AND ENACTING SECTIONS | 0014| OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [|NEW MATERIAL|] SECRETARY OF EDUCATION-- | 0018| APPOINTMENT.-- | 0019| A. The chief executive and administrative officer | 0020| of the state department of public education is the "secretary | 0021| of education". The secretary shall be appointed by the | 0022| governor with the advice and consent of the senate. The | 0023| secretary shall hold office at the pleasure of the governor | 0024| and shall serve in the executive cabinet. | 0025| B. A person appointed as secretary shall serve and | - 1 - 0001| have all the duties, responsibilities and authority of that | 0002| office during the period of time prior to the final action by | 0003| the senate confirming or rejecting his appointment. | 0004| Section 2. [|NEW MATERIAL|] SECRETARY OF EDUCATION-- | 0005| GENERAL POWERS AND DUTIES.-- | 0006| A. The secretary of education is responsible to | 0007| the governor for the operation of the state department of | 0008| public education and to administer and enforce the laws with | 0009| which the department is charged. | 0010| B. The secretary shall exercise general | 0011| supervisory and appointive power over the state department of | 0012| public education employees, subject to applicable personnel | 0013| and other laws and rules. | 0014| Section 3. [|NEW MATERIAL|] STATE BOARD ABOLISHED.--On | 0015| the effective date of this act, the state board of education | 0016| is abolished. | 0017| Section 4. A new section of the Public School Code is | 0018| enacted to read: | 0019| "[NEW MATERIAL] CREATION OF ADVISORY STATE BOARD OF | 0020| EDUCATION--COMPOSITION.-- | 0021| A. The "advisory state board of education" is | 0022| created. | 0023| B. The advisory state board of education shall be | 0024| composed of fifteen members. The members shall be | 0025| representatives of the different geographical areas of the | - 2 - 0001| state and reflective of the diverse population of the state. | 0002| C. The president pro tempore of the senate shall | 0003| appoint three members from the senate and the speaker of the | 0004| house shall appoint three members from the house of | 0005| representatives for terms of two years or less to coincide | 0006| with their terms of office. | 0007| D. Eleven members shall be appointed as follows: | 0008| (1) the secretary of education shall appoint | 0009| three members for two-year terms and one member for a four- | 0010| year term; and | 0011| (2) the governor shall appoint three members | 0012| for two-year terms and two members for four-year terms. | 0013| E. After the initial appointments, members who are | 0014| not legislators shall be appointed for four-year terms, and | 0015| members who are legislators shall be appointed for terms of | 0016| two years or less to coincide with their terms of office. | 0017| F. Each member of the advisory state board of | 0018| education shall be entitled to receive per diem and mileage as | 0019| provided in the Per Diem and Mileage Act and shall receive no | 0020| other compensation, perquisite or allowance. | 0021| G. Per diem and mileage shall be paid to members | 0022| of the advisory state board of education by the department out | 0023| of funds appropriated and budgeted for that purpose." | 0024| Section 5. A new section of the Public School Code is | 0025| enacted to read: | - 3 - 0001| "[NEW MATERIAL] DUTIES.--The advisory state board of | 0002| education shall make biannual recommendations to the secretary | 0003| and the legislature on the issues and needs of public schools | 0004| throughout the state." | 0005| Section 6. Section 22-1-2 NMSA 1978 (being Laws 1967, | 0006| Chapter 16, Section 2, as amended) is amended to read: | 0007| "22-1-2. DEFINITIONS.--As used in the Public School | 0008| Code: | 0009| A. "state board" means the ~[state board of | 0010| education]~ |department|; | 0011| B. "state superintendent" means the | 0012| ~[superintendent of public instruction]~ |secretary|; | 0013| C. "department ~[of education]~" means the state | 0014| department of public education |or department of education|; | 0015| D. "certified school instructor" means any person | 0016| holding a valid certificate authorizing the person to teach, | 0017| supervise an instructional program, counsel or provide special | 0018| instructional services in the public schools of the state; | 0019| E. "certified school administrator" means any | 0020| person holding a valid certificate authorizing the person to | 0021| administer in the public schools of the state; | 0022| F. "certified school employee" or "certified | 0023| school personnel" means any employee who is either a certified | 0024| school instructor or a certified school administrator or both; | 0025| G. "non-certified school employee" means any | - 4 - 0001| employee who is not a certified school employee; | 0002| H. "certificate" means a certificate issued by the | 0003| ~[state board]~ |department of education| authorizing a person | 0004| to teach, supervise an instructional program, counsel, provide | 0005| special instructional services or administer in the public | 0006| schools of the state; | 0007| I. "chief" or "director" means the ~[state | 0008| superintendent]~ |secretary| or his designee unless the | 0009| context clearly indicates otherwise; | 0010| J. "private school" means a school offering on- | 0011| site programs of instruction not under the control, | 0012| supervision or management of a local school board, exclusive | 0013| of home instruction offered by the parent, guardian or one | 0014| having custody of the student; | 0015| K. "school district" means an area of land | 0016| established as a political subdivision of the state for the | 0017| administration of public schools and segregated geographically | 0018| for taxation and bonding purposes; | 0019| L. "local school board" means the governing body | 0020| of a school district; | 0021| M. "public school" means that part of a school | 0022| district that is a single attendance center where instruction | 0023| is offered by a certified school instructor or a group of | 0024| certified school instructors and is discernible as a building | 0025| or group of buildings generally recognized as either an | - 5 - 0001| elementary, secondary, junior high or high school or any | 0002| combination thereof; | 0003| N. "school year" means the total number of | 0004| teaching days offered by public schools in a school district | 0005| during a period of twelve consecutive months; | 0006| O. "consolidation" means the combination of part | 0007| or all of the geographical area of an existing school district | 0008| with part or all of the geographical area of one or more | 0009| contiguous existing school districts; | 0010| P. "consolidated school district" means a school | 0011| district created by order of the ~[state board]~ |department| | 0012| by combining part or all of the geographical area of an | 0013| existing school district with part or all of the geographical | 0014| area of one or more contiguous existing school districts; | 0015| Q. "state institution" means the New Mexico | 0016| military institute, the New Mexico school for the visually | 0017| handicapped, the New Mexico school for the deaf, the New | 0018| Mexico boys' school, the New Mexico youth diagnostic and | 0019| development center, the Los Lunas medical center, the Fort | 0020| Stanton hospital, the Las Vegas medical center or the Carrie | 0021| Tingley crippled children's hospital; | 0022| R. "state educational institution" means an | 0023| institution enumerated in Article 12, Section 11 of the | 0024| constitution of New Mexico; | 0025| S. "forty-day report" means the report of | - 6 - 0001| qualified student membership of each school district and of | 0002| those eligible to be qualified students but enrolled in a | 0003| private school or a home school for the first forty days of | 0004| school; | 0005| T. "school" means any supervised program of | 0006| instruction designed to educate a person in a particular | 0007| place, manner and subject area; | 0008| U. "school-age person" means any person who is at | 0009| least five years of age prior to 12:01 a.m. on September 1 of | 0010| the school year and who has not received a high school diploma | 0011| or its equivalent. A maximum age of twenty-one shall be used | 0012| for persons who are classified as special education membership | 0013| as defined in Section 22-8-2 NMSA 1978 or as residents of | 0014| state institutions; | 0015| V. "home school" means the operation by a parent, | 0016| guardian or other person having custody of a school-age person | 0017| who instructs a home study program that provides a basic | 0018| academic educational program, including ~[but not limited to]~ | 0019| reading, language arts, mathematics, social studies and | 0020| science; | 0021| W. "school building" means a public school, an | 0022| administration building and related school structure or | 0023| facilities, including teacher housing, as may be owned, | 0024| acquired or constructed by the local school board and as | 0025| necessary to carry out the powers and duties of the local | - 7 - 0001| school board; | 0002| X. "commercial advertiser" means a person who | 0003| advertises a product or service for profit or not for profit | 0004| and has a permitted advertisement; ~[and]~ | 0005| Y. "school bus private owner" means a person who | 0006| owns a school bus, other than a ~[local]~ school district, the | 0007| department of education, the state or any other political | 0008| subdivision of the state; |and| | 0009| |Z. "secretary" means the secretary of | 0010| education|." | 0011| Section 7. Section 22-2-1 NMSA 1978 (being Laws 1990 | 0012| (1st S.S.), Chapter 9, Section 10, as amended) is amended to | 0013| read: | 0014| "22-2-1. ~[STATE BOARD]~ |DEPARTMENT|--POWERS.-- | 0015| A. The ~[state board]~ |department| is the | 0016| governing authority and shall have control, management and | 0017| direction of all public schools, except as otherwise provided | 0018| by law. | 0019| B. The ~[state board]~ |department| may | 0020| promulgate, publish and enforce ~[regulations]~ |rules| to | 0021| exercise its authority granted pursuant to the Public School | 0022| Code. | 0023| C. The ~[state board]~ |department| may apply to | 0024| the district court for an injunction, writ of mandamus or | 0025| other appropriate relief to enforce the provisions of the | - 8 - 0001| Public School Code or any of its ~[regulations]~ |rules| | 0002| promulgated pursuant to the Public School Code. | 0003| D. The ~[state board]~ |department| may waive | 0004| provisions of the Public School Code as authorized by law." | 0005| Section 8. Section 22-2-2 NMSA 1978 (being Laws 1967, | 0006| Chapter 16, Section 5, as amended) is amended to read: | 0007| "22-2-2. ~[STATE BOARD]~ |DEPARTMENT|--DUTIES.--Without | 0008| limiting those powers granted to the ~[state board]~ | 0009| |department| pursuant to Section 22-2-1 NMSA 1978, the ~[state | 0010| board]~ |department under the supervision and direction of the | 0011| secretary| shall perform the following duties: | 0012| A. properly and uniformly enforce the provisions | 0013| of the Public School Code; | 0014| B. ~[determine]~ |administer| policy for the | 0015| operation of all public schools and vocational education | 0016| programs in the state; | 0017| ~[C. appoint a state superintendent; | 0018| D.]~ |C.| purchase and loan instructional material | 0019| to students pursuant to the Instructional Material Law and | 0020| adopt regulations relating to the use and operation of | 0021| instructional material depositories in the instructional | 0022| material distribution process; | 0023| ~[E.]~ |D.| designate courses of instruction to be | 0024| taught in all public schools in the state; | 0025| ~[F.]~ |E.| assess and evaluate all state | - 9 - 0001| institutions and those private schools that desire state | 0002| accreditation; | 0003| ~[G.]~ |F.| determine the qualifications for and | 0004| issue a certificate to any person teaching, assisting | 0005| teachers, supervising an instructional program, counseling, | 0006| providing special instructional services or administering in | 0007| public schools, according to law and according to a system of | 0008| classification adopted and published by the ~[state board]~ | 0009| |department|; | 0010| ~[H.]~ |G.| suspend or revoke a certificate held | 0011| by a certified school instructor or certified school | 0012| administrator, according to law, for incompetency, immorality | 0013| or for any other good and just cause; | 0014| ~[I.]~ |H.| make full and complete reports on | 0015| consolidation of school districts to the legislature; | 0016| ~[J.]~ |I.| prescribe courses of instruction, | 0017| requirements for graduation and standards for all public | 0018| schools, for private schools seeking state accreditation and | 0019| for the educational programs conducted in state institutions | 0020| other than |the| New Mexico military institute; | 0021| ~[K.]~ |J.| adopt regulations for the | 0022| administration of all public schools and bylaws for its own | 0023| administration; | 0024| ~[L.]~ |K.| require periodic reports on forms | 0025| prescribed by it from all public schools and attendance | - 10 - 0001| reports from private schools; | 0002| ~[M.]~ |L.| authorize adult educational programs | 0003| to be conducted in schools under its jurisdiction and adopt | 0004| and promulgate regulations governing all such adult | 0005| educational programs; | 0006| ~[N.]~ |M.| require any school under its | 0007| jurisdiction that sponsors athletic programs involving sports | 0008| to mandate that the participating student obtain catastrophic | 0009| health and accident insurance coverage, such coverage to be | 0010| offered through the school and issued by an insurance company | 0011| duly licensed pursuant to the laws of New Mexico; | 0012| ~[O.]~ |N.| require all accrediting agencies for | 0013| public schools in the state to act with its approval; | 0014| ~[P.]~ |O.| accept and receive all grants of money | 0015| from the federal government or any other agency for public | 0016| school purposes and disburse the money in the manner and for | 0017| the purpose specified in the grant; | 0018| ~[Q.]~ |P.| require prior approval for any | 0019| educational program in a public school that is to be | 0020| conducted, sponsored, carried on or caused to be carried on by | 0021| a private organization or agency; | 0022| ~[R.]~ |Q.| approve or disapprove all rules ~[or | 0023| regulations]~ promulgated by any association or organization | 0024| attempting to regulate any public school activity and | 0025| invalidate any rule ~[or regulation]~ in conflict with any | - 11 - 0001| ~[regulation]~ |rule| promulgated by the ~[state board]~ | 0002| |department|. The ~[state board]~ |department| shall require | 0003| any association or organization attempting to regulate any | 0004| public school activity to comply with the provisions of the | 0005| Open Meetings Act and be subject to the inspection of the | 0006| Public Records Act. The ~[state board]~ |department| may | 0007| require performance and financial audits of any association or | 0008| organization attempting to regulate any public school | 0009| activity. The ~[state board]~ |department| shall have no | 0010| power or control over the rules ~[or regulations]~ or the | 0011| bylaws governing the administration of the internal | 0012| organization of the association or organization; | 0013| ~[S.]~ |R.| review decisions made by the governing | 0014| board or officials of any organization or association | 0015| regulating any public school activity, and any decision of the | 0016| ~[state board]~ |department| shall be final in respect | 0017| thereto; | 0018| ~[T.]~ |S.| accept or reject any charitable gift, | 0019| grant, devise or bequest. The particular gift, grant, devise | 0020| or bequest accepted shall be considered an asset of the state; | 0021| ~[U.]~ |T.| establish and maintain regional | 0022| centers, at its discretion, for conducting cooperative | 0023| services between public schools and school districts within | 0024| and among those regions and to facilitate regulation and | 0025| evaluation of school programs; | - 12 - 0001| ~[V.]~ |U.| assess and evaluate for accreditation | 0002| purposes at least one-third of all public schools each year | 0003| through visits by department of education personnel to | 0004| investigate the adequacy of pupil gain in standard required | 0005| subject matter, adequacy of pupil activities, functional | 0006| feasibility of public school and school district organization, | 0007| adequacy of staff preparation and other matters bearing upon | 0008| the education of the students; | 0009| ~[W.]~ |V.| provide for management and other | 0010| necessary personnel to operate any public school or school | 0011| district that has failed to meet requirements of law, ~[state | 0012| board]~ |department| standards or ~[state board regulations]~ | 0013| |department rules|; provided that the operation of the public | 0014| school or school district shall not include any consolidation | 0015| or reorganization without the approval of the local board of | 0016| that school district. Until such time as requirements of law, | 0017| standards or ~[regulations]~ |rules| have been met and | 0018| compliance is assured, the powers and duties of the local | 0019| school board shall be suspended; | 0020| ~[X.]~ |W.| establish and implement a plan that | 0021| provides for technical assistance to local school boards | 0022| through workshops and other in-service training methods; | 0023| provided, however, that no plan shall require mandatory | 0024| attendance by any member of a local school board; | 0025| ~[Y.]~ |X.| submit a plan applying for funds | - 13 - 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.]~ |Y.| enforce requirements for home schools. | 0004| Upon finding that a home school is not in compliance with law, | 0005| the ~[state board shall have]~ |department has| authority to | 0006| order that a student attend a public school or a private | 0007| school." | 0008| Section 9. Section 22-2-6 NMSA 1978 (being Laws 1967, | 0009| Chapter 16, Section 9, as amended) is amended to read: | 0010| "22-2-6. DEPARTMENT OF EDUCATION--DUTIES.--Subject to | 0011| the policies, ~[of the state board and the]~ supervision and | 0012| direction of the ~[state superintendent]~ |secretary|, the | 0013| department ~[of education]~ shall have the following duties: | 0014| A. supervise all schools and school officials | 0015| coming under the jurisdiction of the ~[state board]~ | 0016| |department|; | 0017| B. advise boards of regents of state educational | 0018| institutions on matters concerning the Public School Code; | 0019| C. prescribe, print and distribute forms to carry | 0020| out the duties of the ~[state board]~ |department| pursuant to | 0021| the Public School Code; | 0022| D. annually, prior to December 1, prepare and | 0023| publish a report on public and private education in the state | 0024| and distribute the report to the governor and the legislature; | 0025| E. keep accurate records of all money received by | - 14 - 0001| the ~[state superintendent]~ |secretary| or the department | 0002| ~[of education]~; | 0003| F. publish and distribute copies of the Public | 0004| School Code and ~[regulations]~ |rules| promulgated by the | 0005| ~[state board]~ |department| to local school boards in the | 0006| state; | 0007| G. confer with local school boards and certified | 0008| school personnel on matters concerning education in the state; | 0009| H. prepare and distribute patriotic material to | 0010| schools in the state; and | 0011| I. evaluate all educational programs in state | 0012| institutions ~[under the authority of the secretary of the | 0013| health and environment department]~." | 0014| Section 10. REPEAL.--Sections 22-2-3 through 22-2-5 and | 0015| 22-3-37 through 22-3-54 NMSA 1978 (being Laws 1967, Chapter | 0016| 16, Sections 6 through 8 and Laws 1991 (1st S.S.), Chapter 4, | 0017| Sections 1 through 18, as amended) are repealed. | 0018| Section 11. EFFECTIVE DATE.--The provisions of this act | 0019| shall become effective upon certification by the secretary of | 0020| state that the constitution of New Mexico has been amended as | 0021| proposed by a joint resolution of the forty-third legislature, | 0022| second session entitled "A JOINT RESOLUTION PROPOSING AN | 0023| AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW | 0024| MEXICO TO ABOLISH THE STATE BOARD OF EDUCATION AND CREATE A | 0025| SECRETARY OF EDUCATION.". | - 15 - 0001|  | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| |