45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELEMENTARY AND SECONDARY EDUCATION; PROVIDING FOR ADDITIONAL PROCEDURES WHEN A LOCAL SCHOOL BOARD IS SUSPENDED FROM AUTHORITY; ASSISTING PUBLIC SCHOOLS THAT FAIL TO MEET EDUCATION STANDARDS; AUTHORIZING REDEMPTION OF VOUCHERS AT PUBLIC AND PRIVATE SCHOOLS BY STUDENTS ATTENDING PUBLIC SCHOOLS THAT FAIL TO MEET STATE EDUCATION STANDARDS; ENACTING THE CHILDREN'S EDUCATIONAL GUARANTEE ACT; AMENDING AND ENACTING SECTIONS OF THE PUBLIC SCHOOL CODE.

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

Section 1. Section 22-2-6 NMSA 1978 (being Laws 1967, Chapter 16, Section 9, as amended) is amended to read:

"22-2-6. DEPARTMENT OF EDUCATION--DUTIES.--Subject to the policies of the state board and the supervision and direction of the state superintendent, the department of education shall have the following duties:

A. supervise all schools and school officials coming under the jurisdiction of the state board, including taking over the control and management of a public school or school district that has failed to meet requirements of law or education standards adopted and promulgated by the state board;

B. advise boards of regents of state educational institutions on matters concerning the Public School Code;

C. prescribe, print and distribute forms to carry out the duties of the state board pursuant to the Public School Code;

D. annually, prior to December 1, prepare and publish a report on public and private education in the state and distribute the report to the governor and the legislature;

E. keep accurate records of all money received by the state superintendent or the department of education;

F. publish and distribute copies of the Public School Code and [regulations] rules promulgated by the state board to local school boards in the state;

G. confer with local school boards and certified school personnel on matters concerning education in the state;

H. prepare and distribute patriotic material to schools in the state; and

I. evaluate all educational programs in state institutions under the authority of the secretary of [the] health [and environment department]."

Section 2. Section 22-2-14 NMSA 1978 (being Laws 1978, Chapter 129, Section 1, as amended) is amended to read:

"22-2-14. EDUCATION REQUIREMENTS--ENFORCEMENT--PROCEDURES.--

A. Money budgeted by a school district shall be spent first to attain and maintain the requirements for a school district as prescribed by law and by standards and [regulations] rules as prescribed by the state board. The state superintendent shall give written notification to a local school board, the local superintendent and a school principal, if applicable, of any failure to meet requirements by any part of the school district under the control of the local school board. The notice shall specify the deficiency. Instructional units or administrative functions may be disapproved for such deficiencies. The state superintendent shall disapprove instructional units or administrative functions [which] that he determines to be detrimental to the educational process.

B. Within thirty days after receipt of the notice of failure to meet requirements, the local school board, local superintendent and school principal, if applicable, shall:

(1) comply with the specific and attendant requirements in order to remove the cause for disapproval; or

(2) submit plans satisfactory to the state superintendent to meet requirements and remove the cause for disapproval.

C. The state board shall suspend from authority and responsibility [any] a local school board, [which] local superintendent and school principal, if applicable, that has had notice of disapproval and fails to comply with procedures of Subsection B of this section. The state superintendent shall act in lieu of the suspended local school board, local superintendent and school principal, if applicable, until the state board removes the suspension.

D. To suspend a local school board, local superintendent or school principal, the state board shall deliver to the local school board, local superintendent or school principal an alternative order of suspension, stating the cause for the suspension and the effective date and time the suspension will begin. The alternative order shall also contain notice of a time, date and place for a public hearing, prior to the beginning of suspension, to be held by the state board, at which the local school board, local superintendent or school principal may appear and show cause why [it should not be suspended] suspension should not be put into effect. Within five days after the hearing, the state board shall make permanent, modify or withdraw the alternative order.

E. The state superintendent may suspend a local school board, local superintendent or school principal pending a hearing before the state board when the local school board, local superintendent or school principal has been notified of disapproval and when the state superintendent has sufficient reason to believe that the educational process in the school district or public school has been severely impaired or halted as a result of deficiencies so severe as to warrant disapproved status before the question of suspension can be presented to the state board for a hearing.

F. The state superintendent, while acting in lieu of a suspended local school board, local superintendent or school principal, shall execute all the legal authority of the local school board, local superintendent or school principal and assume all the responsibilities of [that board] the local school board, local superintendent or school principal.

G. The provisions of this section shall be invoked at any time the state superintendent finds the school district has failed to attain and maintain the requirements of law or state board standards and [regulations] rules."

Section 3. Section 22-2-15 NMSA 1978 (being Laws 1978, Chapter 129, Section 2, as amended) is amended to read:

"22-2-15. HEARINGS--SUSPENSION CONTINUANCE AND DISCONTINUANCE--APPEALS.--

A. Within ten days after suspension, or within a reasonable time as the suspended local school board, local superintendent or school principal may request, the state board shall give a hearing to the local school board, local superintendent or school principal. At this hearing, the local school board, local superintendent or school principal may appear and show cause why the suspension should not be continued. The state board employees who conducted evaluations upon which the suspension was based shall appear and give testimony.

B. After the hearing, the state board shall continue or discontinue the suspension of the local school board, local superintendent or school principal.

C. Any local school board, local superintendent or school principal aggrieved by the decision of the state board may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

Section 4. A new section 22-2-15.1 NMSA 1978 is enacted to read:

"22-2-15.1. [NEW MATERIAL] INDEPENDENT ASSISTANCE TEAM.--

A. The state superintendent, acting in lieu of a suspended local school board, local superintendent or school principal in accordance with the provisions of Section 22-2-14 NMSA 1978, shall appoint an independent assistance team to independently assess school districts and public schools and to make recommendations to the state board following the suspension of a local school board, local superintendent or school principal for failure to maintain the requirements of law or state board education standards and rules. No more than one assistance team may be appointed for each suspension of a local school board, local superintendent or local principal.

B. The independent assistance team shall be composed of no less than three and no more than five members. Individuals with expertise in business, education and human resources shall serve on the independent assistance team. Members of the team shall not be employed by a state agency while serving on the team.

C. For every local school board, local superintendent or school principal suspended, the independent assistance team shall assess and report to the state board on the following:

(1) public school operational functions and school district functions, including:

(a) business operations;

(b) educational operations; and

(c) human resource operations;

(2) compliance with the state board-adopted criteria for rating school districts and public schools;

(3) compliance with state and federal laws applicable to the operation of a public school, school district and local school board;

(4) provisions of the Public School Code or state board adopted rules that impede the school district's or school's ability to comply with the requirements of law or state board education standards and rules; and

(5) other considerations impeding the school district or public school from complying with the requirements of law or state board education standards and rules.

D. From the date of appointment, the independent assistance team shall report to the state board on the progress and needs of school districts and schools that are failing to comply with the requirements of law or state board education standards and rules. The team shall continue to report to the state board until the local school board, local superintendent or school principal is removed from suspension and found in compliance with the requirements of law or state board education standards and rules.

E. The state board shall establish guidelines for the implementation and operation of the independent assistance team.

F. In order to provide for independent assistance team members, the state board may contract for the services of the team members in accordance with the provisions of the Procurement Code."

Section 5. Section 22-8-2 NMSA 1978 (being Laws 1978, Chapter 128, Section 3, as amended) is amended to read:

"22-8-2. DEFINITIONS.--As used in the Public School Finance Act:

A. "ADM" or "MEM" means membership;

B. "membership" means the total enrollment of qualified students on the current roll of a class or school on a specified day and all students who have qualified for receipt of vouchers pursuant to the Children's Educational Guarantee Act. The current roll is established by the addition of original entries and reentries minus withdrawals. Withdrawals of students, in addition to students formally withdrawn from the public school, include students absent from the public school for as many as ten consecutive school days;

C. "basic program ADM" or "basic program MEM" means the MEM of qualified students but excludes the full-time-equivalent MEM in early childhood education and three- and four-year-old students receiving special education services;

D. "cost differential factor" is the numerical expression of the ratio of the cost of a particular segment of the school program to the cost of the basic program in grades four through six;

E. "department" or "division" means the state

department of public education;

F. "early childhood education ADM" or "early childhood education MEM" means the full-time-equivalent MEM of students attending approved early childhood education programs;

G. "full-time-equivalent ADM" or "full-time- equivalent MEM" is that membership calculated by applying to the MEM in an approved public school program the ratio of the number of hours per school day devoted to the program to six hours or the number of hours per school week devoted to the program to thirty hours;

H. "operating budget" means the annual financial plan required to be submitted by a local school board;

I. "program cost" is the product of the total number of program units to which a school district is entitled multiplied by the dollar value per program unit established by the legislature;

J. "program element" is that component of a public school system to which a cost differential factor is applied to determine the number of program units to which a school district is entitled, including but not limited to MEM, full-time-equivalent MEM, teacher, classroom or public school;

K. "program unit" is the product of the program element multiplied by the applicable cost differential factor;

L. "public money" or "public funds" means all money from public or private sources received by a local school board or officer or employee of a local school board for public use;

M. "qualified student" means a public school student who:

(1) has not graduated from high school;

(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the state board for public school students; and

(3) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or

(4) is at least three years of age at any time during the school year and is receiving special education services pursuant to [regulation] rule of the state board; or

(5) has not reached his twenty-second birthday on the first day of the school year and is receiving special education services pursuant to [regulation] rule of the state board; and

N. "state superintendent" means the superintendent of public instruction or his designee."

Section 6. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--Sections 6 through 13 of this act may be cited as the "Children's Educational Guarantee Act"."

Section 7. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] LEGISLATIVE FINDINGS AND PURPOSE.--

A. The legislature finds that a student eligible for enrollment at a public elementary or secondary school that fails to meet the education standards adopted and promulgated by the state board:

(1) should not be forced to attend a school that fails to meet state education standards;

(2) should be guaranteed the best educational opportunities that the state can offer;

(3) should have the option to take immediate advantage of the best educational opportunities available; and

(4) should be provided a choice between schools; thus leading to competition that benefits the student and improves the quality of public schools.

B. The purpose of the Children's Educational Guarantee Act is to establish a program that provides a New Mexico student eligible for enrollment at a public elementary or secondary school that fails to meet the education standards adopted and promulgated by the state board with the opportunity to attend a public elementary or secondary school that meets state board education standards or a private school to best suit his individual needs and interests."

Section 8. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Children's Educational Guarantee Act:

A. "local school district" means the school district where a student resides;

B. "program" means the children's educational guarantee program; and

C. "voucher" means a note that will be issued to a qualifying parent through the department of education that can be used to educate his child at a public or eligible private school as defined in the Public School Code."

Section 9. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ADMINISTRATION OF THE PROGRAM--ADOPTING RULES.--

A. The department of education shall establish and bear the cost of administering the program.

B. The state board shall establish guidelines for the implementation and operation of the program.

C. A private school shall not be required to participate in the program.

D. The department of education, in cooperation with the school districts, shall embark on a public awareness campaign to inform the public about the program using the schools, other government agencies and the media."

Section 10. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELIGIBLE STUDENTS.--

A. A student is eligible to participate in the program if, in accordance with the provisions of Section 22-1-4 NMSA 1978, the student qualifies for enrollment at a public elementary or secondary school that for the preceding or current school year has failed to meet the education standards adopted and promulgated by the state board and the student:

(1) is a resident of New Mexico and is at least five years of age prior to 12:01 a.m. September 1 of the school year;

(2) becomes a resident of New Mexico during the school year; or

(3) is a developmentally disabled three- or four-year-old child.

B. A student who elects to receive a voucher in accordance with the provisions of Subsection A of this section shall continue to be eligible for a voucher until the student graduates from an elementary, junior high, middle or high school.

C. A student who receives a voucher pursuant to the Children's Educational Guarantee Act shall participate in the testing required by Subsection B of Section 22-1-6 NMSA 1978. The testing shall be administered by the school district in which the student who receives the voucher resides."

Section 11. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELIGIBLE PRIVATE SCHOOLS.--

A. To be eligible to participate in the program, a private school shall:

(1) register with the superintendent of a school district as an eligible private school;

(2) maintain or develop antidiscrimination policies to prevent discrimination on the basis of race, color, national origin or ancestry;

(3) develop policies that do not discriminate against students who are recipients of elementary and secondary school vouchers; and

(4) demonstrate that the private school is accredited by a national school accreditation program.

B. A private school that accepts students who are participants in the program shall not be required to comply with rules that apply to public schools promulgated by either the state board or the local school board."

Section 12. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PROCEDURES FOR USING VOUCHERS.--

A. A parent may use a voucher to enroll his child in a public school outside of the school district in which the child resides.

B. A school district shall adopt specific, written standards for acceptance and rejection of vouchers provided for in the Children's Educational Guarantee Act based on the capacity of a program, class size, grade level or school buildings.

C. Not earlier than March 1 and not later than July 1 prior to the beginning of a school year, a student's parent or legal guardian may apply to the school district superintendent to participate in the program. The school district superintendent may waive the application deadline. The application shall contain the following information:

(1) the student's name and address;

(2) the student's date of birth;

(3) the student's social security number;

(4) the student's school attendance zone;

(5) the student's grade level;

(6) the name and address of the student's parent or legal guardian who is residing with the child;

(7) whether the student was enrolled in a class A, B, C or D special education program in the prior school year or, for a child entering school for the first time, whether the child has a diagnosed developmental disability or learning disorder;

(8) whether the student speaks a language other than English as his principal language; and

(9) the name, tuition, fees and address of the public or private school to which the student intends to apply.

D. No later than forty-five days after the application is received, the school district superintendent shall act on the application, notify the parent or legal guardian of the value of the voucher and issue the voucher if the application is approved.

E. The voucher shall be issued to the student in the care of the student's parent or legal guardian. The voucher shall not be issued to the private school or school district containing the public school that the student chooses to attend.

F. The student and his parent or legal guardian shall solely select the public or private school the student chooses to attend. The state shall not decide which school a student may attend. The state shall not advise or influence the student's selection of a school.

G. Not later than August 15 of each year, the school district superintendent shall report to the department of education the ages, school attendance zones and voucher values of students participating in the program."

Section 13. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] VOUCHERS--REDEMPTION.--

A. The value of the voucher shall be equal to the amount of money generated by the student through the state equalization guarantee distribution provided in the Public School Finance Act and a proportionate per student amount for transportation expenses if the student had attended a public school in his school attendance zone. The value of the voucher shall also include a proportionate allocation for the local school district's at-risk funding. The department of education shall calculate the value of a student's voucher using the state equalization guarantee distribution formula.

B. Subject to the value of the voucher set forth in Subsection A of this section, the voucher redemption value shall not exceed the tuition and fees charged by a private school for students not participating in the program unless the cost of educating the student presenting the voucher is greater than the tuition and fees charged, in which case the value of the voucher shall not exceed those costs.

C. Within fifteen days after receiving a voucher, a private school shall, in writing, certify the enrollment of the student named on the voucher and shall, in writing, certify the amount of tuition and fees charged by the private school to the department of education.

D. A private school or public school district, located outside of the student's attendance zone, shall redeem the value of the voucher from the school district in the following installments: twenty-five percent of the value determined in Subsection A of this section in September, twenty-five percent of the value determined in Subsection A of this section in November, twenty-five percent of the value determined in Subsection A of this section in February and twenty-five percent of the value determined in Subsection A of this section in May. The installments shall be paid on the first day of the applicable month.

E. If a private school disenrolls a student during the school year or if the student is absent for ten consecutive days without explanation from his parent or legal guardian, the private school shall, in writing, notify the school district, and the voucher redemption shall cease.

F. If a parent or legal guardian disenrolls a student from a private school and enrolls the student in another private school or in a public school during the school year, the parent or legal guardian shall, in writing, notify the school district. Upon receipt of proof of enrollment in another private school and certification of tuition and fees charged by the new private school, the remaining scholarship redemption installments shall be made to the new private school. Upon proof of enrollment in a public school, the remaining redemption installments shall be made to the school district in which the public school is located."