46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING FOR A TRANSITION PERIOD FOR THE ADMINISTRATION OF PUBLIC SCHOOLS PURSUANT TO THE PUBLIC SCHOOL CODE CONTINGENT UPON THE ADOPTION OF A CERTAIN CONSTITUTIONAL AMENDMENT; REPEALING CERTAIN ARTICLES OF THE PUBLIC SCHOOL CODE EFFECTIVE JULY 1, 2004.

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

Section 1. Section 22-1-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 2, as amended) is amended to read:

"22-1-2. DEFINITIONS.--As used in the Public School Code:

A. "state board" means the [state board of education] secretary of public education appointed by the governor pursuant to Article 12, Section 6 of the constitution of New Mexico;

B. "state superintendent" means the [superintendent of public instruction] secretary of public education appointed by the governor pursuant to Article 12, Section 6 of the constitution of New Mexico;

C. "department of education" means the [state department of] public education department created by Article 12, Section 6 of the constitution of New Mexico;

D. "certified school instructor" means any person holding a valid certificate authorizing the person to teach, supervise an instructional program, counsel or provide special instructional services in the public schools of the state;

E. "certified school administrator" means any person holding a valid certificate authorizing the person to administer in the public schools of the state;

F. "certified school employee" or "certified school personnel" means any employee who is either a certified school instructor or a certified school administrator or both;

G. "non-certified school employee" means any employee who is not a certified school employee;

H. "certificate" means a certificate issued by the state board authorizing a person to teach, supervise an instructional program, counsel, provide special instructional services or administer in the public schools of the state;

I. "chief" or "director" means the state superintendent or his designee unless the context clearly indicates otherwise;

J. "private school" means a school offering on-site programs of instruction not under the control, supervision or management of a local school board, exclusive of home instruction offered by the parent, guardian or one having custody of the student;

K. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes;

L. "local school board" means the governing body of a school district;

M. "public school" means that part of a school district that is a single attendance center where instruction is offered by a certified school instructor or a group of certified school instructors and is discernible as a building or group of buildings generally recognized as either an elementary, secondary, junior high or high school or any combination thereof;

N. "school year" means the total number of teaching days offered by public schools in a school district during a period of twelve consecutive months;

O. "consolidation" means the combination of part or all of the geographical area of an existing school district with part or all of the geographical area of one or more contiguous existing school districts;

P. "consolidated school district" means a school district created by order of the state board by combining part or all of the geographical area of an existing school district with part or all of the geographical area of one or more contiguous existing school districts;

Q. "state institution" means the New Mexico military institute, the New Mexico school for the visually handicapped, the New Mexico school for the deaf, the New Mexico boys' school, the New Mexico youth diagnostic and development center, the Los Lunas medical center, the Fort Stanton hospital, the Las Vegas medical center or the Carrie Tingley crippled children's hospital;

R. "state educational institution" means an institution enumerated in Article 12, Section 11 of the constitution of New Mexico;

S. "forty-day report" means the report of qualified student membership of each school district and of those eligible to be qualified students but enrolled in a private school or a home school for the first forty days of school;

T. "school" means any supervised program of instruction designed to educate a person in a particular place, manner and subject area;

U. "school-age person" means any person who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent. A maximum age of twenty-one shall be used for persons who are classified as special education membership as defined in Section 22-8-2 NMSA 1978 or as residents of state institutions;

V. "home school" means the operation by a parent, guardian or other person having custody of a school-age person who instructs a home study program that provides a basic academic educational program, including [but not limited to] reading, language arts, mathematics, social studies and science;

W. "school building" means a public school, an administration building and related school structure or facilities, including teacher housing, as may be owned, acquired or constructed by the local school board and as necessary to carry out the powers and duties of the local school board;

X. "commercial advertiser" means a person who advertises a product or service for profit or not for profit and has a permitted advertisement; and

Y. "school bus private owner" means a person who owns a school bus, other than a [local] school district, the department of education, the state or any other political subdivision of the state."

Section 2. TEMPORARY PROVISION.--Until July 1, 2004:

A. the secretary of public education shall perform those duties and exercise those powers provided by law for the superintendent of public instruction or the state board of education and may expend, for the original purpose, appropriations authorized for expenditure by the superintendent of public instruction or the state board of education; provided, however, that:

(1) the secretary shall not establish new policy for the public schools without first consulting with the public education commission; and

(2) the secretary may expend so much of the appropriations to the public education department as are necessary for the expenses of the public education commission; and

B. the public education department shall consist of the same personnel and property and shall perform those duties and exercise those powers provided by law for the state department of public education and may expend, for the original purpose, appropriations authorized for expenditure by the state department of public education.

Section 3. DELAYED REPEAL.--Effective July 1, 2004, Articles 1, 2, 13, 13A and 15 of Chapter 22 NMSA 1978 are repealed.

Section 4. CONTINGENCY.--The provisions of this act are contingent upon the adoption by the people of the amendment to Article 12, Section 6 of the constitution of New Mexico as proposed by Senate Education Committee Substitute for Senate Joint Resolutions 2, 5, 12 and 21 or a similar proposal of the first session of the forty-sixth legislature.