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AN ACT

RELATING TO PUBLIC SCHOOLS; ENACTING THE NEW MEXICO SCHOOL

FOR THE ARTS ACT; ALLOWING FOR THE CREATION OF A

STATE-CHARTERED CHARTER SCHOOL AS A STATEWIDE RESIDENTIAL

HIGH SCHOOL FOR THE ARTS; EXEMPTING THE SCHOOL FROM CERTAIN

PROVISIONS OF THE CHARTER SCHOOLS ACT; ALLOWING THE SCHOOL TO

ESTABLISH ADMISSIONS CRITERIA AND ROOM AND BOARD FEES;

REQUIRING PRIVATE FUNDING FOR ROOM AND BOARD COSTS AND

OUTREACH ACTIVITIES; PROVIDING FOR OUTREACH ACTIVITIES;

DECLARING AN EMERGENCY.

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:

"SHORT TITLE.--This act may be cited as the "New Mexico

School for the Arts Act"."

Section 2. A new section of the Public School Code is

enacted to read:

"PURPOSE OF ACT.--The purpose of the New Mexico School

for the Arts Act is to provide for the establishment of the

"New Mexico school for the arts" as a statewide residential

state-chartered charter high school that provides New Mexico

students who have demonstrated artistic abilities and

potential with the educational opportunity to pursue a career

in the arts."

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Section 3. A new section of the Public School Code is

enacted to read:

"DEFINITIONS.--As used in the New Mexico School for the

Arts Act:

A. "board" means the governing body of the school;

and

B. "school" means the New Mexico school for the

arts."

Section 4. A new section of the Public School Code is

enacted to read:

"PURPOSE OF SCHOOL--SCHOOL EXEMPT FROM CERTAIN

PROVISIONS OF THE CHARTER SCHOOLS ACT.--

A. The commission may charter a "New Mexico school

for the arts" as a statewide residential state-chartered

charter school for grades nine through twelve to offer

intensive preprofessional instruction in the performing and

visual arts combined with a strong academic program that

leads to a New Mexico diploma of excellence.

B. The school and the board are subject to all the

provisions of the Charter Schools Act, except Subsection K of

Section 22-8B-4 NMSA 1978 and Section 22-8B-4.1 NMSA 1978.

The school shall not charge tuition, except as otherwise

provided in the Public School Code. The school shall be

supported by state funds in the same manner as other charter

high schools authorized by the commission."

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Section 5. A new section of the Public School Code is

enacted to read:

"BOARD CREATED--POWERS AND DUTIES--SOLICITATION OF

GIFTS, GRANTS AND DONATIONS.--The school shall be governed by

a board of at least five members constituted as provided in

the school's application for charter. No member of the board

shall serve as a member of another charter school. The board

shall have such powers and perform such duties as required by

state and federal law and the school's charter, including

soliciting and receiving gifts, grants and donations to

further the purposes of the school and to assist the school in

providing free or reduced-fee room and board for those

residential students who cannot pay all or part of residential

costs."

Section 6. A new section of the Public School Code is

enacted to read:

"ADMISSIONS CRITERIA--EQUAL OPPORTUNITY--OUTREACH.--

A. The admissions criteria shall be designed to

admit students who show exceptional promise or aptitude in the

arts and a strong desire to pursue a career in the arts. The

admissions process shall be conducted in a way that provides

equal opportunity for admission to each prospective student

regardless of that student's exposure to previous artistic

training and without regard to the student's ability to pay

residential costs.

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B. The board shall ensure, to the greatest extent

possible and without jeopardizing admissions standards, that

an equal number of students is admitted to the school from

each of the state's congressional districts.

C. The board shall submit an annual report to the

charter schools division and the commission that includes

demographic information about both applicants and students

admitted to the school, including the counties and the

congressional districts represented by the students enrolled

and the makeup of the student body in terms of socioeconomic

status, gender and ethnicity.

D. The school shall conduct outreach activities

throughout the state to acquaint potential students with the

programs offered by the school. The outreach activities shall

include programs for middle school students and workshops for

teachers. There shall be no admissions criteria established

for participation in outreach activities."

Section 7. A new section of the Public School Code is

enacted to read:

"ROOM AND BOARD CHARGES.--

A. The school shall charge residential students a

fee to cover the costs of room and board. The board shall

establish a sliding-fee scale based on the student's ability

to pay. The commission shall approve room and board charges

and the sliding-fee scale during the planning year of the

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school and may approve changes to the charges and scale as

requested by the board.

B. The school shall report each year to the

charter schools division and the commission on the number of

students requiring financial assistance for room and board;

the amount of financial assistance provided; and the amount

and source of gifts, grants and donations received by the

school to provide that financial assistance."

Section 8. A new section of the Public School Code is

enacted to read:

"ROOM AND BOARD COSTS--OUTREACH ACTIVITIES--PRIVATE

FUNDING REQUIRED.--The school shall, either through a

foundation or other private funding sources, obtain gifts,

grants and donations to ensure that the school has adequate

revenue to pay for all expenses associated with outreach

activities provided for in Section 6 of the New Mexico School

for the Arts Act and for room and board costs for those

students who are not able to pay the full cost of room and

board as provided in Section 7 of that act. The school shall

separately account for the costs of outreach activities and

room and board and for the revenue received from private

sources to pay those costs. The school shall not use money

received from the state for these purposes. Failure of the

school to secure adequate funding for these purposes shall be

grounds for denial or revocation of a charter."

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Section 9. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.