45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO EDUCATION; PROVIDING FOR THE REDISTRICTING OF SCHOOL DISTRICTS; ENACTING A NEW SECTION OF THE PUBLIC SCHOOL CODE; MAKING AN APPROPRIATION.

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

Section 1. A new section of Chapter 22, Article 4 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SCHOOL DISTRICT--REDISTRICTING.--

A. A school district with membership that is greater than thirty-five thousand students shall be required to redistrict. The state board shall adopt and promulgate rules setting forth procedures for the redistricting of the school district.

B. A school district found in need of redistricting by the state board shall have up to two years to plan and complete the redistricting. The two years shall commence from the date that the state board formally finds the school district in need of redistricting. During the course of the two years that the school district has to prepare for redistricting, it shall annually report its progress to the state board.

C. The state board shall appoint a task force to assist a school district found in need of redistricting. The task force shall assist the school district during the two-year preparation period for redistricting. The task force shall be composed of members from the school district that is being redistricted, the communities where the redistricting is to occur and recognized experts in the area of school district redistricting. The task force shall consider and report on the following to the state board prior to the redistricting of an existing school district:

(1) the boundaries of the proposed new school districts;

(2) population demographics; district growth patterns; ethnicity; economic levels; family income; and student and adult educational achievement and attainment levels in the proposed new school districts;

(3) division of assets, liabilities and indebtedness, including real and personal property, of the existing and proposed school districts;

(4) division of bonded indebtedness and voter-approved mill levies of the existing and proposed school districts;

(5) ability of the proposed new school districts to raise operational and capital funding;

(6) effects of redistricting on transportation costs on the existing and proposed new school districts; and

(7) other considerations impacting redistricting identified by the task force.

D. School district and community members of the task force shall receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act.

E. The department of education may contract for the services of recognized experts in the area of school district redistricting in accordance with the provisions of the Procurement Code."

Section 2. APPROPRIATION.--Eighty thousand dollars ($80,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal years 2003 through 2005 to assist in the redistricting of school districts that exceed thirty-five thousand students. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.