RELATING TO EDUCATION; ALLOWING FOR THE WAIVER OF CERTAIN REQUIREMENTS FOR SCHOOLS THAT EXCEED EDUCATIONAL STANDARDS.

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:

"ADDITIONAL STATE BOARD DUTIES--WAIVER OF CERTAIN REQUIREMENTS.--

A. The state board shall approve all reasonable requests to waive the following for all public schools that exceed educational standards as determined by the state board:

(1) accreditation review requirements as provided in Section 22-2-2 NMSA 1978;

(2) the length of the school day requirement as provided in Section 22-2-8.1 NMSA 1978;

(3) the individual class load requirement as provided in Section 22-2-8.2 NMSA 1978;

(4) the subject area requirement as provided in Section 22-2-8.3 NMSA 1978; and

(5) purchase of instructional material from the state board-approved multiple list requirement as provided in Section 22-15-8 NMSA 1978.

B. Upon receiving a waiver request from a school that exceeds educational standards and in addition to the requirements set forth in Subsection A of this section, the state board may waive:

(1) the graduation requirement as provided in Section 22-2-8.4 NMSA 1978;

(2) evaluation standards for school personnel; and

(3) other requirements of the Public School Code that impede innovation in education if the waiver request is supported by the teachers at the requesting school and the requesting school's local school board.

C. Waivers granted pursuant to this section shall begin in the school year following that in which a public school exceeds educational standards and may remain in effect as long as the school continues to exceed educational standards.

D. The state board shall only waive requirements that do not conflict with the federal No Child Left Behind Act of 2001 or rules adopted pursuant to that act."