SENATE BILL 928
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Gerald P. Ortiz y Pino
AN ACT
RELATING TO PUBLIC SCHOOLS; PROVIDING THAT, UPON THE APPROVAL OF THE VOTERS, CERTAIN SCHOOL DISTRICTS MAY HAVE A LOCAL SCHOOL BOARD COMPOSED OF FOUR MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS AND THREE MEMBERS APPOINTED BY THE MAYOR OF THE LARGEST MUNICIPALITY IN THE SCHOOL DISTRICT AND CONFIRMED BY THE CITY COUNCIL; PROVIDING FOR ELECTIONS; PROVIDING PROCEDURES FOR ELECTING AND APPOINTING BOARD MEMBERS.
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] APPOINTED AND ELECTED LOCAL SCHOOL BOARD--ELECTION REQUIRED--PROCEDURE FOR IMPLEMENTATION.--
A. The local school board of a school district with a population of more than two hundred thousand shall, pursuant to the School Election Law, hold a special school district election prior to June 30, 2008, in which the question shall be submitted to the qualified electors of the district of whether the school district should have a local school board consisting of four members elected from single-member districts and three members appointed by the mayor of the largest municipality of the district and confirmed by the city council.
B. If, in the election held pursuant to Subsection A of this section, the question is not adopted, pursuant to the School Election Law, the local school board shall again submit the question to the qualified electors of the school district in the regular school district election held in February 2009. If the question is not adopted in that election, the question shall not again be submitted to the voters without further legislative authorization.
C. If, in an election held pursuant to Subsection A or B of this section, the voters in the school district decide in favor of a local school board with four elected members and three members appointed by the mayor of the largest municipality in the district and confirmed by the city council:
(1) no later than December 1, 2009, the local school board for the school district shall, by resolution, divide the school district into four single-member districts that shall be compact, contiguous and as nearly equal in population as practicable;
(2) the current members of the local school board shall serve until March 1, 2011; on and after that date, the local school board for the school district shall consist of four members elected from single-member districts and three members appointed by the mayor of the largest city in the school district and confirmed by the city council;
(3) the elected members shall be chosen by the qualified voters at the regular school district election in February 2011 and shall be elected from the districts established pursuant to Paragraph (1) of this subsection. The provisions of the School Election Law and the Public School Code shall govern the election and the members elected except that, at the time of issuing the proclamation for the election, the local school board shall, by lot, select two districts from which the board members shall be elected for two-year terms and two districts from which the board members shall be elected for four-year terms; thereafter, elected board members shall serve terms of four years;
(4) the appointed members of the local school board shall be residents of the school district and shall be selected pursuant to the following procedure:
(a) the secretary shall appoint three residents of the school district to an advisory selection committee as follows: 1) one member shall possess a master's degree in public school finance and have at lease five years' experience as a classroom teacher; 2) one member shall be a parent or guardian of a child who attends a school within the school district; and 3) one member shall represent the business community within the school district and have at least fifteen years of experience with a for-profit business in the school district;
(b) for the initial appointees, the advisory selection committee shall submit fifteen residents of the school district as candidates to the mayor as follows: 1) five candidates who have master's degrees in public school finance; 2) five candidates who have classroom teaching experience or school administration experience; and 3) five candidates who have experience in owning or managing a for-profit business in the school district;
(c) the mayor shall appoint one member from each of the three groups of names submitted pursuant to Subparagraph (b) of this paragraph as the initial appointees, subject to confirmation by the city council; the members confirmed by the city council shall serve on the local school board;
(d) the members shall be appointed for terms of six years, except that in making the initial appointments, the mayor shall appoint one member for a term of two years, one member for a term of four years and one member for a term of six years;
(e) successor members and vacancies shall be appointed pursuant to the provisions of this paragraph except the advisory selection committee shall submit only five candidates, each having the same qualifications as the member whose term has expired or whose seat is vacant; and
(f) appointed members shall be subject to all of the provisions of the Public School Code except that an appointed member may be removed by the mayor only for cause."
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