SENATE BILL 475
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Mark Boitano
AN ACT
RELATING TO CHARTER SCHOOLS; ALLOWING THE PUBLIC EDUCATION DEPARTMENT TO BE A CHARTERING AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-8B-1 NMSA 1978 (being Laws 1999, Chapter 281, Section 1) is amended to read:
"22-8B-1. SHORT TITLE.--[Sections 1 through 15 of this act] Chapter 22, Article 8B NMSA 1978 may be cited as the "1999 Charter Schools Act"."
Section 2. Section 22-8B-2 NMSA 1978 (being Laws 1999, Chapter 281, Section 2) is amended to read:
"22-8B-2. DEFINITIONS.--As used in the 1999 Charter Schools Act:
A. "charter school" means a conversion school or start-up school within a school district authorized by the [local school board] chartering authority to operate as a charter school;
B. "conversion school" means an existing public school within a school district authorized by the [local school board] chartering authority to become a charter school;
C. "governing body" means the governing structure of a charter school as set forth in the school's charter; [and]
D. "start-up school" means a public school developed by one or more parents, teachers or community members authorized by the [local school board of the school district in which the school is located] chartering authority to become a charter school; and
E. "chartering authority" means either a local school board or the department that approves the establishment of a charter school."
Section 3. Section 22-8B-4 NMSA 1978 (being Laws 1999, Chapter 281, Section 4, as amended) is amended to read:
"22-8B-4. CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES-- OPERATION.--
A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.
B. A charter school shall be administered and governed by a governing body in the manner set forth in the charter.
C. A charter school shall be responsible for its own operation, including preparation of a budget, contracting for services and personnel matters.
D. A charter school may negotiate or contract with a school district, a university or college or any third party for the use of a facility, its operation and maintenance and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter.
E. In no event shall a charter school be required to pay rent for space that is deemed available, as negotiated by contract, in school district facilities; provided that the facilities can be made available at no cost to the school district. All costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district.
F. A charter school shall negotiate with a school district to provide transportation to students eligible for transportation under the provisions of the Public School Code. The school district, in conjunction with the charter school, may establish a limit for student transportation to and from the charter school site not to extend beyond the school district boundary.
G. A charter school may negotiate with a school district for capital expenditures.
H. A charter school shall be a nonsectarian, nonreligious and non-home-based public school that operates within a school district.
I. Except as otherwise provided in the Public School Code, a charter school shall not charge tuition or have admission requirements.
J. A charter school shall be subject to the provisions of Section 22-2-8 NMSA 1978 and the Assessment and Accountability Act.
K. A charter school may acquire and dispose of property; provided that, upon termination of the charter, all assets of the charter school shall revert to the local school board [that authorized the charter] in which the charter school was located.
L. A charter school may accept or reject any charitable gift, grant, devise or bequest; provided that no such gift, grant, devise or bequest shall be accepted if subject to any condition contrary to law or to the terms of the charter. The particular gift, grant, devise or bequest shall be considered an asset of the charter school to which it is given.
M. A charter school may contract and sue and be sued. A [local school board that approves a charter school] chartering authority shall not be liable for any acts or omissions of the charter school.
N. A charter school shall comply with all state and federal health and safety requirements applicable to public schools."
Section 4. Section 22-8B-5 NMSA 1978 (being Laws 1999, Chapter 281, Section 5) is amended to read:
"22-8B-5. CHARTER SCHOOLS--[LOCAL SCHOOL BOARD AUTHORITY--STATE BOARD] CHARTERING AUTHORITY.--
A. If the local school board is the chartering authority, it may waive only locally imposed school district requirements.
B. If the department is the chartering authority, it may waive locally imposed school district requirements of the school district in which the charter school is located. The [state board] department shall waive requirements relating to individual class load and teaching load, length of the school day, staffing patterns, subject areas and the purchase of instructional material. The [state board] department may waive [state board] department requirements or rules and provisions of the Public School Code pertaining to graduation requirements, evaluation standards for school personnel, school principal duties and driver education. Any waivers granted pursuant to this section shall be for the term of the charter granted.
C. A charter school shall be a public school, accredited by the [state board] department and shall be accountable to the [school district's local school board] chartering authority for purposes of ensuring compliance with applicable laws, rules and charter provisions.
D. No local school board shall require any employee of the school district to be employed in a charter school.
E. No local school board shall require any student residing within the geographic boundary of its district to enroll in a charter school.
F. A student who is suspended or expelled from a charter school shall be deemed to be suspended or expelled from the school district in which the student resides."
Section 5. Section 22-8B-6 NMSA 1978 (being Laws 1999, Chapter 281, Section 6) is amended to read:
"22-8B-6. CHARTER SCHOOL REQUIREMENTS--APPLICATION PROCESS--AUTHORIZATION.--
A. [The local school board] A chartering authority shall have the authority to approve the establishment of a charter school within the [local] school district in which it is located.
B. A charter school applicant shall apply to a [local school board] chartering authority for a charter. An applicant shall only submit an application [in the district in which the school is located] to the chartering authority. Applications shall be submitted by October 1 to be eligible for consideration for the following school year. The October 1 deadline may be waived upon agreement of the applicant and the [local school board] chartering authority.
C. An application for a start-up school may be made by one or more teachers, parents or community members.
D. An application for a conversion school shall include a petition of support signed by not less than sixty-five percent of the employees in the school. Additionally, a petition in support of the charter school signed by a majority of the households whose children are enrolled in a proposed conversion school [must] shall accompany the application.
E. The [local school board] chartering authority shall receive and review all applications for charter schools. The [local school board] chartering authority shall not charge application fees. If the [board] chartering authority finds [the] that a charter school application is incomplete, the [board] chartering authority shall request the necessary information from the charter applicant.
F. The [local school board] chartering authority shall hold at least one meeting to obtain information and community input to assist [the local school board] it in its decision whether to grant a charter school application. The [local school board] chartering authority shall rule on the application for a charter school in a public meeting within sixty days after receiving the application. If a local school board that is acting as a chartering authority has not ruled upon an application within sixty days, the charter application will be automatically reviewed by the [state board] department in accordance with the provisions of Section [7 of the 1999 Charter Schools Act] 22-8B-7 NMSA 1978. The charter applicant and the [local school board] chartering authority may, however, jointly waive the deadlines set forth in this section.
G. If [the] a local school board denies a charter school application or imposes conditions that are unacceptable to the charter applicant, the charter applicant may appeal the decision to the [state board] department pursuant to Section [7 of the 1999 Charter Schools Act] 22-8B-7 NMSA 1978.
H. If a [local school board] chartering authority denies a charter school application, it shall state its reasons for the denial. If a local school board grants a charter, it shall send a copy of the approved charter to the department [of education] within fifteen days after granting the charter."
Section 6. Section 22-8B-7 NMSA 1978 (being Laws 1999, Chapter 281, Section 7) is amended to read:
"22-8B-7. CHARTER SCHOOL APPLICATION APPEAL--PROCEDURES.--
A. The [state board] department, upon receipt of a notice of appeal or upon its own motion, shall review decisions of any local school board concerning charter schools in accordance with the provisions of this section.
B. A charter applicant or governing body of a charter school that wishes to appeal a decision of a local school board concerning the denial, nonrenewal or revocation of a charter school or the imposition of conditions that are unacceptable to the charter school or charter school applicant shall provide the [state board] department with a notice of appeal within thirty days after the local school board's decision. The charter school applicant or governing body of the charter school bringing the appeal shall limit the grounds of the appeal to the grounds for denial, nonrenewal or revocation specified by the local school board. The notice shall include a brief statement of the reasons the charter school applicant contends the local school board's decision was in error. The appeal and review process shall be as follows:
(1) within sixty days after receipt of the notice of appeal, the [state board] department, at a public hearing that may be held in the school district in which the proposed charter school has applied for a charter, shall review the decision of the local school board and make its findings. If the [state board] department finds that the local school board's decision was contrary to the best interests of the students, school district or community, the [state board] department shall remand the decision to the local school board with written instructions for approval of the charter. The instructions shall include specific recommendations concerning approval of the charter. The decision of the [state board] department shall be final and not subject to appeal; and
(2) within thirty days following the remand of a decision by the [state board] department, the local school board, at a public hearing, shall approve the charter.
C. The [state board] department, on its own motion, may review a local school board's decision to grant a charter. Within sixty days after the making of a motion to review by the [state board] department, the [board] department, at a public hearing that may be held in the district in which the proposed charter school has applied for a charter, shall review the decision of the local school board and determine whether the decision was arbitrary and capricious or whether the establishment or operation of the proposed charter school would:
(1) violate any federal or state laws concerning civil rights;
(2) violate any court order;
(3) threaten the health and safety of students within the school district; or
(4) violate the provisions of Section [11 of the 1999 Charter Schools Act] 22-8B-11 NMSA 1978, prescribing the permissible number of charter schools.
D. If the [state board] department determines that the charter would violate the provisions set forth in Subsection C of this section, the [state board] department shall remand the decision to the local school board with instructions to deny the charter application. The [state board] department may extend the time lines established in this section for good cause. The decision of the [state board] department shall be final and not subject to appeal.
E. If the department is the chartering authority, the charter school may appeal to an impartial hearing officer appointed by the secretary. The appeal shall follow the procedures provided in Subsection B of this section. The decision of the hearing officer shall be final and not subject to appeal."
Section 7. Section 22-8B-8 NMSA 1978 (being Laws 1999, Chapter 281, Section 8) is amended to read:
"22-8B-8. CHARTER APPLICATION--CONTENTS.--The charter school application, whether for a start-up school or a conversion school, shall be a proposed agreement between the [local school board] chartering authority and the charter school and shall include:
A. the mission statement of the charter school;
B. the goals, objectives and student performance standards to be achieved by the charter school;
C. a description of the charter school's educational program, student performance standards and curriculum that must meet or exceed the [state board of education's] department's educational standards and must be designed to enable each student to achieve those standards;
D. a description of the way a charter school's educational program will meet the individual needs of the students, including those students determined to be at risk;
E. a description of the charter school's plan for evaluating student performance, the types of assessments that will be used to measure student progress toward achievement of the state's standards and the school's student performance standards, the time line for achievement of the standards and the procedures for taking corrective action in the event that student performance falls below the standards;
F. evidence that the plan for the charter school is economically sound, including a proposed budget for the term of the charter and a description of the manner in which the annual audit of the financial and administrative operations of the charter school is to be conducted;
G. evidence that the fiscal management of the charter school complies with all applicable federal and state laws and [regulations] rules relative to fiscal procedures;
H. evidence of a plan for the displacement of students, teachers and other employees who will not attend or be employed in the conversion school;
I. a description of the governing body and operation of the charter school, including how the governing body will be selected, the nature and extent of parental, professional educator and community involvement in the governance and operation of the school and the relationship between the governing body and the chartering authority and the local school board, including a dispute resolution process;
J. an explanation of the relationship that will exist between the proposed charter school and its employees, including evidence that the terms and conditions of employment will be addressed with affected employees and their recognized representatives, if any;
K. the employment and student discipline policies of the proposed charter school;
L. an agreement between the charter school and the [local school board] chartering authority regarding their respective legal liability and applicable insurance coverage;
M. a description of how the charter school plans to meet the transportation and food service needs of its students;
N. a description of the waivers that the charter school is requesting from the local school board and the [state board] department and the charter school's plan for addressing these waiver requests;
O. a description of the facilities the charter school plans to use; and
P. any other information reasonably required by the [local school board] chartering authority."
Section 8. Section 22-8B-9 NMSA 1978 (being Laws 1999, Chapter 281, Section 9) is amended to read:
"22-8B-9. CHARTER SCHOOL--CONTRACT CONTENTS--RULES.--
A. An approved charter application shall be a contract between the charter school and the [local school board] chartering authority.
B. The contract between the charter school and the [local school board] chartering authority shall reflect all agreements regarding the release of the charter school from school district policies.
C. The contract between the charter school and the [local school board] chartering authority shall reflect all requests for release of the charter school from [state board] department rules or the Public School Code. Within ten days after the contract is approved by the [local school board] chartering authority, any request for release from [state board] department rules or the Public School Code shall be delivered [by] to the local school board [to the state board] and the department. If the [state board] department grants the request, it shall notify the local school board and the charter school of its decision. If the [state board] department denies the request, it shall notify the local school board and the charter school that the request is denied and specify the reasons for denial.
D. Upon approval of the charter by the [local school board] chartering authority, the charter school shall be waived from the Public School Code provisions relating to individual class load and teaching load requirements, length of school day, staffing patterns, subject areas and purchase of instructional materials.
E. The charter school shall participate in the public school insurance authority.
F. Any revision or amendment to the terms of the contract may be made only with the approval of the [local school board] chartering authority and the governing body of the charter school.
G. The charter shall include procedures agreed upon by the charter school and the local school board for the resolution of disputes between the charter school and the local school board.
H. The charter shall include procedures that shall be agreed upon by the charter school and the [local school board] chartering authority in the event that [such board] the chartering authority determines that the charter shall be revoked pursuant to the provisions of Section [12 of the 1999 Charter Schools Act] 22-8B-12 NMSA 1978.
I. A charter school chartered by the department is a public school of the school district in which it is located."
Section 9. Section 22-8B-11 NMSA 1978 (being Laws 1999, Chapter 281, Section 11) is amended to read:
"22-8B-11. CHARTER SCHOOLS--MAXIMUM NUMBER ESTABLISHED.--[A. Local school boards shall authorize the approval of both conversion and start-up charter schools within their school districts.
B.] No more than fifteen start-up schools and five conversion schools may be established per year statewide. The number of charter school slots remaining in that year shall be transferred to succeeding years up to a maximum of seventy-five start-up schools and twenty-five conversion schools in any five-year period. The [state board] department shall promptly notify the local school board of each school district when the limits set forth in this section have been reached."
Section 10. Section 22-8B-12 NMSA 1978 (being Laws 1999, Chapter 281, Section 12) is amended to read:
"22-8B-12. CHARTER SCHOOLS--TERM--RENEWAL OF CHARTER--GROUNDS FOR NONRENEWAL OR REVOCATION.--
A. A charter school may be approved for an initial term of five years. A charter may be renewed for successive periods of [five] fifteen years each. Approvals of less than [five] fifteen years [can] may be agreed to between the charter school and the [local school board] chartering authority.
B. No later than [January] July 1 of the year [prior to the year] in which the charter expires, the governing body of a charter school may submit a renewal application to the [local school board] chartering authority. The [local school board] chartering authority shall rule in a public hearing on the renewal application no later than [March] September 1 of the year in which the charter expires, or on a mutually [agreed] agreed-upon date.
C. A charter school renewal application submitted to the [local school board] chartering authority shall contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, student performance standards, [state board] department minimum educational standards and other terms of the initial approved charter application, including the accountability requirements set forth in [Section 22-1-6 NMSA 1978] the Assessment Accountability Act;
(2) a financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public, that will allow comparison of costs to other schools or comparable organizations and that is in a format required by the [state board] department;
(3) contents of the charter application set forth in Section [8 of the 1999 Charter Schools Act] 22-8B-8 NMSA 1978;
(4) a petition in support of the charter school renewing its charter status signed by not less than sixty-five percent of the employees in the charter school; and
(5) a petition in support of the charter school renewing its charter status signed by a majority of the households whose children are enrolled in the charter school.
D. A charter may be revoked or not be renewed by the [local school board] chartering authority if [the board] it determines that the charter school did any of the following:
(1) committed a material violation of any of the conditions, standards or procedures set forth in the charter;
(2) failed to meet or make substantial progress toward achievement of the [state board] department minimum educational standards or student performance standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
E. If a [local school board] chartering authority revokes or does not renew a charter, the [local school board] chartering authority shall state in writing its reasons for the revocation or nonrenewal.
F. A decision by a local school board to revoke or not to renew a charter may be appealed by the governing body of the charter school pursuant to Section [7 of the 1999 Charter Schools Act] 22-8B-7 NMSA 1978."
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