AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING
THE SPECIAL URBAN SCHOOL DISTRICT ACT; PROVIDING POWERS AND DUTIES; DECLARING
AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is
enacted to read:
"SHORT TITLE.--This act
may be cited as the "Special Urban School District Act"."
Section 2. A new section of the Public School Code is
enacted to read:
"DEFINITION.--As used in
the Special Urban School District Act, "special urban school
district" means a school district with student enrollment over thirty-five
thousand that does not charge tuition and does not have admission requirements
in addition to those found in the Public School Code."
Section 3. A new section of the Public School Code is
enacted to read:
"SPECIAL URBAN SCHOOL
DISTRICT APPLICATION REQUIREMENTS‑‑PROCESS--ELECTION.--
A. Before a local school board applies for a
charter to the state board, the board shall submit the question of whether to
operate the school district as a charter school district to the qualified
electors of the school district at any regular school board election or at any
special election called for the purpose of voting on the question. Any election called for this purpose shall be
conducted pursuant to the School Election Law.
B. If a majority of those voting voted in favor
of the district becoming a charter school district, the local school board
shall submit an application for charter school district status to the state
board.
C. Not less than sixty-five percent of the
employees of the school district must sign a petition in support of the school
district becoming a charter school district."
Section 4. A new section of the Public School Code is
enacted to read:
"SPECIAL URBAN SCHOOL
DISTRICT--CHARTER REQUIREMENTS.--
A. A local school board of a school district
that meets the requirements for a special urban school district shall enter
into a contract with the state board establishing its charter to operate as a
special urban school district from July 1, 2003 through June 30, 2007.
B. The contract shall reflect all agreements
regarding the operation of the special urban school district. The terms of the contract may be revised at
any time with the approval of both the state board and the special urban school
district.
C. The charter shall include:
(1) assurances that the special urban school
district shall comply with state laws pertaining to accreditation, state
educational standards, assessment and accountability and financial
requirements;
(2) a statement of mission and purpose for the
operation of the special urban school district, including the district's goals
and objectives;
(3) evidence that the special urban school
district's educational and operational plans are economically sound and comply
with all state and federal laws;
(4) evidence that the charter is educationally
sound and is in the best interests of the students, the schools and the school
clusters;
(5) a description of the way the special urban
school district's educational program will meet the individual needs of the
students, including students with disabilities and students determined to be at
risk;
(6) an explanation of the relationship that will
exist between the special urban school district and its employees and a
description of the way the terms and conditions of employment will be addressed
with affected employees;
(7) a description of all waivers from state board
rules requested and granted; and
(8) a description of school clusters and a
description by cluster, including but not limited to:
(a) the pre-kindergarten through grade twelve
alignment of instructional practices designed to achieve student success and a
coordinated professional development program reflecting the instructional
alignment;
(b) the accountability system that measures
student and instructional outcomes;
(c) how financial resources will be directed to
each cluster and school's instructional program; and
(d) how parental, educator and community
involvement at the school, cluster and district levels will be achieved.
D. The special urban school district shall:
(1) continue to operate as a public, nonsectarian
public school district and operate in the same geographic boundaries that
existed for the school district prior to becoming a special urban school
district;
(2) receive state money as provided in the Public
School Code;
(3) provide special education services as
required by state and federal law;
(4) be liable for timely payment on its bonded
indebtedness and subject to the same bonded indebtedness limitations as it was
before becoming a special urban school district; and
(5) be subject to all state and federal 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.
E. The special urban school district shall be
accountable to the state board for ensuring compliance with its charter and applicable
state law.
F. Employees of a special urban school district
shall be considered continuous employees without interruption of employment
pursuant to the School Personnel Act and shall be afforded procedural due
process rights and protection.
G. The governing body of the special urban
school district shall continue to be the local school board."
Section 5. A new section of the Public School Code is
enacted to read:
"DISTRICT
RESPONSIBILITIES--EXEMPTIONS FROM PUBLIC SCHOOL CODE.--
A. The special urban school district shall
promulgate rules to ensure that the individual needs of students, schools and
school clusters are met.
B. The special urban school district is exempt
from provisions of the Public School Code and rules adopted pursuant to that
act pertaining to the individual class load, teaching load, length of the
school day, staffing patterns, subject areas and instructional materials.
C. The state board may waive state board
requirements or rules and provisions of the Public School Code pertaining to
graduation requirements, evaluation standards for school personnel, school
principal duties and driver education."
Section 6. A new section of the Public School Code is
enacted to read:
"GROUNDS FOR NONRENEWAL,
PROBATION OR REVOCATION OF CHARTER--APPEAL.--
A. The department of education shall provide
ongoing evaluation of the special urban school district's compliance with
accreditation and state laws pertaining to state educational standards,
assessment and accountability and financial requirements. Department of education staff shall visit the
special urban school district at least once each year to provide technical assistance
and to determine the status of the district and the progress of the district
toward the goals of its charter.
B. If the department of education finds that the
special urban school district is not in compliance with its charter or with any
applicable state or federal law or regulation, the state board may revoke the
charter or place the district on probationary status."
Section 7. A new section of the Public School Code is
enacted to read:
"REPORT TO LEGISLATURE AND
GOVERNOR.--Not later than September 30, 2006, the special urban school district
and the department of education shall report to the legislature and the
governor on the progress of the special urban school district and make
recommendations regarding the continuation of the special charter."
Section 8. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
HEC/HB 819
Page 6