AN ACT

RELATING TO EDUCATION; TRANSFERRING THE AUTHORITY FOR ADULT BASIC EDUCATION TO THE COMMISSION ON HIGHER EDUCATION; DECLARING AN EMERGENCY.

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

Section 1. COMMISSION ON HIGHER EDUCATION‑‑ADDITIONAL DUTIES.--In addition to the duties imposed upon the commission on higher education by the Post‑Secondary Educational Planning Act, the commission shall have the responsibility of planning and budgeting functions for the statewide adult basic education program and authority to adopt and promulgate rules for all such adult educational programs. The commission will establish a uniform protocol for identifying, communicating with and providing direct and equitable access to funding for eligible agencies, which include:

A. local educational agencies;

B. community-based organizations;

C. volunteer literacy organizations;

D. post-secondary institutions;

E. public or private nonprofit agencies;

F. public libraries;

G. public housing authorities; and

H. a consortium of agencies, organizations, institutions, libraries or authorities as described in Section 203 Public Law 105.

Section 2. Section 22-2-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 5, as amended by Laws 2001, Chapter 286, Section 1 and by Laws 2001, Chapter 299, Section 5) is amended to read:

"22-2-2. STATE BOARD--DUTIES.--Without limiting those powers granted to the state board pursuant to Section 22-2-1 NMSA 1978, the state board shall perform the following duties:

A. properly and uniformly enforce the provisions of the Public School Code;

B. determine policy for the operation of all public schools and vocational education programs in the state, including vocational programs that are part of a juvenile construction industries initiative for juveniles who are committed to the custody of the children, youth and families department;

C. appoint a state superintendent;

D. purchase and loan instructional material to students pursuant to the Instructional Material Law and adopt rules relating to the use and operation of instructional material depositories in the instructional material distribution process;

E. designate courses of instruction to be taught in all public schools in the state;

F. assess and evaluate all state institutions and those private schools that desire state accreditation;

G. determine the qualifications for and issue licenses to teachers, instructional support providers and school administrators according to law and according to a system of classification adopted and published by the state board;

H. deny, suspend or revoke a license according to law for incompetency, moral turpitude or any other good and just cause;

I. make full and complete reports on consolidation of school districts to the legislature;

J. prescribe courses of instruction, requirements for graduation and standards for all public schools, for private schools seeking state accreditation and for the educational programs conducted in state institutions other than the New Mexico military institute;

K. adopt rules for the administration of all public schools and bylaws for its own administration;

L. require periodic reports on forms prescribed by it from all public schools and attendance reports from private schools;

M. require a public school under its jurisdiction that sponsors athletic programs involving sports to mandate that the participating student obtain catastrophic health and accident insurance coverage, such coverage to be offered through the school and issued by an insurance company duly licensed pursuant to the laws of New Mexico;

N. require all accrediting agencies for public schools in the state to act with its approval;

O. accept and receive all grants of money from the federal government or any other agency for public school purposes and disburse the money in the manner and for the purpose specified in the grant;

P. require prior approval for an educational program in a public school that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency;

Q. approve or disapprove all rules promulgated by an association or organization attempting to regulate a public school activity and invalidate any rule in conflict with any rule promulgated by the state board. The state board shall require an association or organization attempting to regulate a public school activity to comply with the provisions of the Open Meetings Act and be subject to the inspection provisions of the Public Records Act. The state board may require performance and financial audits of an association or organization attempting to regulate a public school activity. The state board shall have no power or control over the rules or the bylaws governing the administration of the internal organization of the association or organization;

R. review decisions made by the governing board or officials of an organization or association regulating a public school activity, and any decision of the state board shall be final in respect thereto;

S. accept or reject a charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the state;

T. establish and maintain regional centers, at its discretion, for conducting cooperative services between public schools and school districts within and among those regions and for facilitating regulation and evaluation of school programs;

U. assess and evaluate public schools for accreditation purposes to determine the adequacy of student gain in standard required subject matter, adequacy of student activities, functional feasibility of public school and school district organization, adequacy of staff preparation and other matters bearing upon the education of the students;

V. provide for management and other necessary personnel to operate a public school or school district that has failed to meet requirements of law, state board standards or state board rules; provided that the operation of the public school or school district shall not include any consolidation without the approval of the local school board of that school district. Until such time as requirements of law, standards or rules have been met and compliance is assured, the powers and duties of the local school board shall be suspended;

W. establish and implement a plan that provides for technical assistance to local school boards through workshops and other in-service training methods;

X. submit a plan applying for funds available under Public Law 94-142 and disburse these funds in the manner and for the purposes specified in the plan;

Y. enforce requirements for home schools. Upon finding that a home school is not in compliance with law, the state board has authority to order that a student attend a public school or a private school;

Z. develop a systemic framework for professional development that provides training to ensure quality teachers and school principals and that improves and enhances student achievement. The state board shall work with school employees, the commission on higher education and institutions of higher education to establish the framework. The framework shall include:

(1) the criteria for school districts to apply for professional development funds, including an evaluation component that will be used by the department in approving school district professional development plans; and

(2) guidelines for developing extensive professional development activities for school districts that:

(a) improve teachers' knowledge of the subjects they teach and the ability to teach those subjects to all of their students;

(b) are an integral part of the public school and school district plans for improving student achievement;

(c) provide teachers, school administrators and instructional support providers with the strategies, support, knowledge and skills to help all students meet New Mexico academic standards;

(d) are high quality, sustained, intensive and focused on the classroom; and

(e) are developed and evaluated regularly with extensive participation of school employees and parents;

AA. approve education curricula and programs offered in all two-year public post-secondary educational institutions, except those in Chapter 21, Article 12 NMSA 1978, that lead to alternative licenses for degreed persons pursuant to Section 22-10A-8 NMSA 1978 or licensure for educational assistants; and

BB. withhold program approval from a college of education or teacher preparation program that fails to offer a course on teaching reading that:

(1) is based upon current scientifically based reading research;

(2) aligns with state board-adopted reading standards;

(3) includes strategies and assessment measures to ensure that beginning teachers are proficient in teaching reading; and

(4) was designed after seeking input from experts in the education field."

Section 3. Section 22-8-30.1 NMSA 1978 (being Laws 1995, Chapter 56, Section 1) is amended to read:

"22-8-30.1. ADULT BASIC EDUCATION FUND CREATED.‑‑The "adult basic education fund" is created in the state treasury. Money in the fund is appropriated to the commission on higher education for the purpose of funding adult basic education programs for educationally disadvantaged adults. Money in the fund shall be distributed by the commission pursuant to an equitable formula established by the commission in consultation with representatives from the adult basic education administrative sites. Any unexpended or unencumbered balance remaining in the fund at the end of each fiscal year shall revert to the general fund."

Section 4. Section 22-8-30.2 NMSA 1978 (being Laws 1995, Chapter 56, Section 2) is amended to read:

"22-8-30.2. ADULT BASIC EDUCATION‑‑DISTRIBUTION OF MONEY‑‑OBJECTIVE FORMULA‑‑COMMISSION ON HIGHER EDUCATION--ADOPTION OF FORMULA.‑‑The commission on higher education in consultation with representatives of adult basic education administrative sites shall create an equitable formula for the distribution of money in the adult basic education fund. In establishing an equitable formula, the commission shall consider the types of programs conducted, the cost of service delivery and the socio‑economic profiles of the adult receiving services. The commission shall review the formula and any proposed changes with the adult basic education administrative sites prior to adoption or amendment."

Section 5. Section 22-15-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 211, as amended) is amended to read:

"22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--

A. Any qualified student or person eligible to become a qualified student attending a public school, a state institution or a private school approved by the state board in any grade from first through the twelfth grade of instruction is entitled to the free use of instructional material. Any student enrolled in an early childhood education program as defined by Section 22-13-3 NMSA 1978 or person eligible to become an early childhood education student as defined by that section attending a private early childhood education program approved by the state board is entitled to the free use of instructional material. Any student in an adult basic education program approved by the commission on higher education is entitled to the free use of instructional material from the instructional material bureau of the department of education.

B. Instructional material shall be distributed to school districts, state institutions, private schools and adult basic education centers as agents for the benefit of students entitled to the free use of the instructional material.

C. Any school district, state institution, private school as agent or adult basic education center receiving instructional material pursuant to the Instructional Material Law is responsible for distribution of the instructional material for use by eligible students and for the safekeeping of the instructional material."

Section 6. TEMPORARY PROVISION--TRANSFER.--All personnel, appropriations, money, records, property, equipment and supplies applied to the administration of the state's adult basic education programs by the state department of public education shall be transferred to the commission on higher education. All contracts and agreements relating to the activities of the personnel and records transferred pursuant to the provisions of this section shall also be transferred.

Section 7. REPEAL.--Section 22-13-11 NMSA 1978 (being Laws 1967, Chapter 16, Section 185) is repealed.

Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.