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F I S C A L I M P A C T R E P O R T
SPONSOR Stewart
DATE TYPED 3-10-05 HM 52
SHORT TITLE Study Certain 2005 Session Education Bills
SB
ANALYST Segura
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
REVENUE
Estimated Revenue
Subsequent
Years Impact
Recurring
or Non-Rec
Fund
Affected
FY05
FY06
(Parenthesis ( ) Indicate Revenue Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Education Department (PED)
SUMMARY
Synopsis of Bill
House Memorial 52 requests the Legislative Education Study Committee (LESC) to study the
issues related to House Bill 914 and House Bill 937, including their substitutes, and report their
findings and recommendations to the Legislature by January 1, 2006.
Significant Issues
According to PED, the study is proposed to address the perceived conflict of views as to whether
the local superintendent or local school board is ultimately responsible for making all final dis-
trict decisions as to hiring, terminating, discharging and disciplining school employees.
pg_0002
House Memorial 52 -- Page 2
PERFORMANCE IMPLICATIONS
PED indicates that House Bill 914 will support the departments’ performance with regard to the
implementation of education reform initiatives.
FISCAL IMPLICATIONS
House Memorial 52 does not contain an appropriation.
ADMINISTRATIVE IMPLICATIONS
PED would participate in the study if requested by the LESC.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Relates to House Bill 914 and House Bill 937.
TECHNICAL ISSUES
According to PED, there is confusion within charter schools as to who terminates/discharges a
teacher: Is it the governing council or is it the head master. Must the charter school comply with
all of the administrative procedures in the School Personnel Act or can they just adopt their own
procedures in a teachers-administrators manual. The Charter School Act states in Section 22-8B-
10(A), “The provisions of the School Personnel Act [Chapter 22, Article 10A NMSA 1978] shall
otherwise apply to such employees.”
RS/lg