SENATE BILL 474

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO PUBLIC SCHOOLS; CREATING THE CHARTER SCHOOLS EDUCATIONAL COOPERATIVE; PROVIDING POWERS AND DUTIES; CREATING A COORDINATING COUNCIL; MAKING AN APPROPRIATION.

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:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Charter Schools Educational Cooperative Act"."

     Section 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Charter Schools Educational Cooperative Act:

          A. "cooperative" means the charter schools educational cooperative; and

          B. "council" means the charter schools educational cooperative coordinating council."

     Section 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] COOPERATIVE POWERS AND DUTIES.--

          A. The "charters school educational cooperative" may be created by charter schools to provide education-related services to charter schools. Any charter school may join the cooperative. The cooperative is a state agency administratively attached to the department; provided, however, the cooperative:

                (1) may own and have control and management over buildings and land independent of the property control division of the general services department;

                (2) shall not submit its budgets to the department of finance and administration, but shall submit them to the public education department, and the department shall determine by rule the provisions of the Public School Finance Act relating to budgets and expenditures that are applicable to the cooperative; and

                (3) is exempt from the provisions of the Personnel Act.

          B. The department shall establish procedures for oversight of the cooperative to ensure compliance with state and federal laws and department rules. The department may request the cooperative to provide specific services to charter schools in addition to those services approved by the long-range plan or the council.

          C. The cooperative shall develop a long-range plan for educational and technical assistance that may be provided to charter schools, including:

                (1) accounting and fiscal management assistance;

                (2) centralized purchasing;

                (3) professional development for licensed school employees and charter school board members;

                (4) grant writing and grants administration;

                (5) research and planning; and

                (6) such other services as requested by charter schools and approved by the council or as requested by the department."

     Section 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] COUNCIL--CREATED--MEMBERSHIP.--The "charter schools educational cooperative coordinating council" is created. The council shall be composed of the principals or financial officers of each charter school that participates in the cooperative. Members of the council shall elect a chairman from its members. Meetings shall be held at the call of the chairman. A meeting of a majority of the members of the council constitutes a quorum for the purpose of conducting business. Members of the council may receive per diem as provided in the Per Diem and Mileage Act."

     Section 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] COUNCIL--POWERS AND DUTIES.--

          A. At the request of the council, the secretary of public education may designate the council as a board of finance in accordance with Section 22-8-38 NMSA 1978. If the designation is not made or if the designation is suspended by the secretary pursuant to Section 22-8-39 NMSA 1978, the money appropriated or distributed to the cooperative shall be deposited with the state treasurer. Unexpended or unencumbered balances in the account of the cooperative shall not revert to any other fund at the end of a fiscal year.

          B. The council may:

                (1) employ a director, who shall employ such additional professional, technical and clerical staff as necessary;

                (2) enter into contracts;

                (3) adopt and promulgate rules; and

                (4) determine educational-related services to be provided to charter schools.

          C. The council shall:

                (1) oversee the function and operation of the cooperative; and

                (2) adopt a budget and administrative guidelines for the internal operation of the cooperative."

     Section 6. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2005 to carry out the provisions of the Charter Schools Educational Cooperative Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

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