44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO EDUCATION; ENACTING THE NEW MEXICO VIRTUAL SCHOOL ACT; PROVIDING FOR THE DESIGN AND IMPLEMENTATION OF A VIRTUAL SCHOOL; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "New Mexico Virtual School Act".

Section 2. FINDINGS AND PURPOSE.--

A. The legislature finds that:

(1) due to high mobility, geographic isolation, inability to participate fully in formal educational settings, limited language fluency and personal circumstances and choice, many students lack access to advanced and enhanced learning opportunities;

(2) schools face unprecedented challenges due to teacher shortages in critical content areas, financial constraints and inadequate professional development resources; and

(3) distance learning provides solutions to the needs that students and schools face.

B. The purpose of the New Mexico Virtual School Act is to design and implement a virtual school that will:

(1) offer a distributed learning model to provide all New Mexico students with an equal opportunity to develop a strong academic foundation;

(2) expand educational choice for all New Mexico students; and

(3) offer unique and effective learning opportunities not otherwise available.

Section 3. DEFINITIONS.--As used in the New Mexico Virtual School Act:

A. "department" means the state department of public education;

B. "state board" means the state board of education; and

C. "superintendent" means the superintendent of public instruction.

Section 4. VIRTUAL SCHOOL DESIGN AND IMPLEMENTATION TEAM--MEMBERSHIP--DUTIES--TERMINATION.--

A. The "virtual school design and implementation team" is created as an advisory committee within the department. The team shall consist of fourteen members. One member shall be appointed by the speaker of the house of representatives and one member shall be appointed by the president pro tempore of the senate. The remaining twelve members shall be appointed by the state board as follows:

(1) one member with expertise in district administration;

(2) one member with expertise in high school administration and curriculum;

(3) one member with expertise in middle school administration and curriculum;

(4) one member with expertise in elementary school administration and curriculum;

(5) one member who is a parent of a school-age child;

(6) one member with expertise in teaching in a distance-learning environment;

(7) one member to represent charter schools;

(8) one member to represent the council on technology in education;

(9) one member to represent private schools;

(10) one member to represent home schools;

(11) one member to represent the commission on higher education; and

(12) one member to represent the state board.

B. The virtual school design and implementation team shall meet at the call of the chairman and shall meet not less than monthly. The chairman shall be elected from among the members of the team. Members of the team who are not public employees shall not be paid but shall receive per diem and mileage as provided in the Per Diem and Mileage Act.

C. The department shall provide such administrative assistance, meeting space and other necessary facilities and support services as the virtual school design and implementation team may request.

D. The virtual school design and implementation team shall advise the state board on all policies, strategies, organizational structures and other matters necessary to establish a virtual school, including:

(1) a professional development model for potential instructors;

(2) the identification of a pool of qualified instructors;

(3) an implementation framework;

(4) policies concerning student recruitment, enrollment and credit;

(5) instructor compensation;

(6) appropriate courses for a virtual school;

(7) methods to ensure accountability; and

(8) future funding options and budget needs.

E. The virtual school design and implementation team shall terminate on July 1, 2001 or when the state board determines that a virtual school has been successfully implemented and the team has completed its work, whichever is sooner.

Section 5. STATE BOARD OF EDUCATION--SUPERINTENDENT OF PUBLIC INSTRUCTION--COUNCIL ON TECHNOLOGY IN EDUCATION--ADDITIONAL DUTIES.--

A. Using the recommendations and advice of the virtual school design and implementation team, the state board shall, by rule, establish policies:

(1) to successfully implement a virtual school that will capitalize on the existing and expanding technical infrastructures to:

(a) provide curriculum and instruction statewide through a variety of interactive technologies;

(b) offer web-based and other forms of interactive distance-learning courses from certified skilled instructors; and

(c) allow students to interact with peers and classmates and receive the quality education they need to pursue further study;

(2) to enhance and expand learning opportunities based on the New Mexico content standards and benchmarks; and

(3) that provide a vehicle for professional development for teachers.

B. The superintendent shall:

(1) implement the policies of the state board in establishing the virtual school;

(2) prepare, for the approval of the state board, progress reports on the status of the virtual school. One report shall be prepared by July 1 of each year and submitted to the legislative education study committee and another report shall be prepared by January 1 of each year and submitted to the legislature; and

(3) with the approval of the state board, hire an administrator of the virtual school and such other personnel as are necessary to carry out the provisions of the New Mexico Virtual School Act.

C. The council on technology in education shall act as an advisory council to the department, the state board and the legislature on all issues related to the further development of the virtual school.

Section 6. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal years 2000 and 2001 for the purposes of carrying out the provisions of the New Mexico Virtual School Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.