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

RELATING TO EDUCATION; AMENDING SECTIONS OF THE 1999 CHARTER SCHOOLS ACT; PROVIDING CONVERSION SCHOOLS WITH THE ABILITY TO CONTRACT FOR THE USE OF FACILITIES AND EQUIPMENT USED PRIOR TO CONVERSION; REQUIRING DISTRICTS TO OFFER CHARTER SCHOOLS VACANT LAND AND FACILITIES; INCREASING THE CHARTER SCHOOL TERM TO SIX YEARS; INCREASING THE ALLOWABLE USES OF THE CHARTER SCHOOLS STIMULUS FUND TO INCLUDE CAPITAL BUILDING PURPOSES.

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

Section 1. Section 22-8B-4 NMSA 1978 (being Laws 1999, Chapter 281, Section 4, as amended) is amended to read:

"22-8B-4. CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES--OPERATION.--

A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.

B. A charter school shall be administered and governed by a governing body in the manner set forth in the charter.

C. A charter school shall be responsible for its own operation, including preparation of a budget, contracting for services and personnel matters.

D. A charter school may negotiate or contract with a local school district, a university or college or any third party for the use of a facility, its operation and maintenance and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter.

E. A local school district shall offer a conversion school the use of school district facilities, equipment and supplies that it used prior to conversion.

F. During negotiation and contingent upon the local school district's anticipated use of land and facilities in accordance with its master facilities plan, the school district shall offer vacant land and facilities for use by the charter school. In no event shall a charter school be required to pay rent for space that is deemed available, as negotiated by contract, in school district facilities; provided that the facilities can be made available at no cost to the school district. All costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district.

[F.] G. A charter school shall negotiate with a local school district to provide transportation to students eligible for transportation under the provisions of the Public School Code. The local school district, in conjunction with the charter school, may establish a limit for student transportation to and from the charter school site not to extend beyond the local school district boundary.

[G.] H. A charter school may negotiate with a local school district for capital expenditures.

[H.] I. A charter school shall be a nonsectarian, nonreligious and non-home-based public school that operates within a public school district.

[I.] J. Except as otherwise provided in the Public School Code, a charter school shall not charge tuition or have admission requirements.

[J.] K. A charter school shall be subject to the provisions of Sections 22-1-6 and 22-2-8 NMSA 1978.

[K.] L. A charter school may acquire, pledge and dispose of property; provided that, upon termination of the charter, all assets of the charter school shall revert to the local school board that authorized the charter.

[L.] M. A charter school may accept or reject any charitable gift, grant, devise or bequest; provided that no such gift, grant, devise or bequest shall be accepted if subject to any condition contrary to law or to the terms of the charter. The particular gift, grant, devise or bequest shall be considered an asset of the charter school to which it is given.

[M.] N. A charter school may contract and sue and be sued. A local school board that approves a charter school shall not be liable for any acts or omissions of the charter school.

[N.] O. A charter school shall comply with all state and federal health and safety requirements applicable to public schools."

Section 2. Section 22-8B-12 NMSA 1978 (being Laws 1999, Chapter 281, Section 12) is amended to read:

"22-8B-12. CHARTER SCHOOLS--TERM--RENEWAL OF CHARTER--GROUNDS FOR NONRENEWAL OR REVOCATION.--

A. Unless otherwise agreed to between the charter school and the local school board, a charter school [may] shall be approved for an initial term of [five] six years, provided that the first year of the charter is used by the charter school for planning purposes. A charter may be renewed for successive periods of five years each [approvals of less than five years can be agreed to between the charter school and the local school board].

B. No later than January 1 of the year prior to the year in which the charter expires, the governing body of a charter school may submit a renewal application to the local school board. The local school board shall rule in a public hearing on the renewal application no later than March 1 of the year in which the charter expires, or on a mutually agreed date.

C. A charter school renewal application submitted to the local school board shall contain:

(1) a report on the progress of the charter school in achieving the goals, objectives, student performance standards, state board minimum educational standards and other terms of the initial approved charter application, including the accountability requirements set forth in Section 22-1-6 NMSA 1978;

(2) a financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public, that will allow comparison of costs to other schools or comparable organizations and that is in a format required by the state board;

(3) contents of the charter application set forth in Section [8 of the 1999 Charter Schools Act] 22-8B-8 NMSA 1978;

(4) a petition in support of the charter school renewing its charter status signed by not less than sixty-five percent of the employees in the charter school; and

(5) a petition in support of the charter school renewing its charter status signed by a majority of the households whose children are enrolled in the charter school.

D. A charter may be revoked or not renewed by the local school board if the board determines that the charter school did any of the following:

(1) committed a material violation of any of the conditions, standards or procedures set forth in the charter;

(2) failed to meet or make substantial progress toward achievement of the state board minimum educational standards or student performance standards identified in the charter application;

(3) failed to meet generally accepted standards of fiscal management; or

(4) violated any provision of law from which the charter school was not specifically exempted.

E. If a local school board revokes or does not renew a charter, the local school board shall state in writing its reasons for the revocation or nonrenewal.

F. A decision to revoke or not to renew a charter may be appealed by the governing body of the charter school pursuant to Section [7 of the 1999 Charter Schools Act] 22-8B-7 NMSA 1978."

Section 3. Section 22-8B-14 NMSA 1978 (being Laws 1999, Chapter 281, Section 14) is amended to read:

"22-8B-14. CHARTER SCHOOLS STIMULUS FUND CREATED.--

A. The "charter schools stimulus fund" is created in the state treasury. Money in the fund is appropriated to the department of education to provide financial support to charter schools, whether start-up or conversion, for initial start-up costs, including planning, and initial costs associated with renovating or remodeling existing buildings and structures for expenditure in fiscal year 2000 and subsequent fiscal years. Upon approval by the department of education, money in the fund may also be allocated for capital building purposes to access matching federal funds. The fund shall consist of money appropriated by the legislature and grants, gifts, devises and donations from any public or private source. The department of education shall administer the fund in accordance with rules adopted by the state board. The department of education may use up to three percent of the fund for administrative costs. Money in the fund shall not revert to the general fund at the end of a fiscal year.

B. If the charter school receives an initial grant and fails to begin operating a charter school within the next [eighteen] twenty-four months, the charter school shall immediately reimburse the fund."