March 14, 2003

Mr. Speaker:

Your EDUCATION COMMITTEE, to whom has been referred

SENATE BILL 691, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. Strike Senate Education Committee Amendments 2 and 3.

2. On pages 1 through 8, strike Section 2 in its entirety and insert in lieu thereof:

"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 [a certificate to any person teaching, assisting teachers, supervising an instructional program, counseling, providing special instructional services or administering in public schools] 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 [certificate held by a certified school instructor or certified school administrator] license according to law for incompetency, [immorality] 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. authorize adult educational programs to be conducted in schools under its jurisdiction and adopt and promulgate rules governing all such adult educational programs;

N.] M. require [any] 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;

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

[P.] 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;

[Q.] P. require prior approval for [any] 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;

[R.] Q. approve or disapprove all rules promulgated by [any] an association or organization attempting to regulate [any] a public school activity and invalidate any rule in conflict with any rule promulgated by the state board. The state board shall require [any] an association or organization attempting to regulate [any] 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 [any] an association or organization attempting to regulate [any] 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;

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

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

[U.] 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 [to facilitate] for facilitating regulation and evaluation of school programs;

[V.] U. assess and evaluate public schools for accreditation purposes [at least one-third of all public schools each year through visits by department of education personnel to investigate] to determine the adequacy of [pupil] student gain in standard required subject matter, adequacy of [pupil] 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;

[W.] V. provide for management and other necessary personnel to operate [any] 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 [or reorganization] 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;

[X.] W. establish and implement a plan that provides for technical assistance to local school boards through workshops and other in-service training methods; [provided, however, that no plan shall require mandatory attendance by any member of a local school board

Y.] 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;

[Z.] 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;

[AA.] 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 [public] school [educators] 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 [of education] in approving [local] school district professional development plans; and

(2) guidelines for developing extensive professional development activities for school districts [including teaching strategies, curriculum materials, distance learning networks and web sites to ensure that the state board's rules pertaining to content standards and benchmarks are used by New Mexico teachers] 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;

[BB.] AA. approve education curricula and programs offered in all two-year public post-secondary educational institutions, [including northern New Mexico state school] except those in Chapter 21, Article 12 NMSA 1978, that lead to [certificates for] alternative [certification] licenses for degreed [individuals] persons pursuant to Section [22-10-3.5] 22-10A-8 NMSA 1978 or [certification] licensure for educational [assistant] assistants; and

[CC.] 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."".

3. On page 10, between lines 19 and 20, insert the following new section:

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

4. Renumber the succeeding section accordingly.

Respectfully submitted,

Rick Miera, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 8 For 0 Against

Yes: 8

Excused: Cordova, King, Ponce, Vigil

Absent: None

.147358.1

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