HOUSE BILL 74

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Roberto "Bobby" J. Gonzales

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO CHARTER SCHOOLS; REQUIRING OVERSIGHT DURING THE CHARTER SCHOOL'S PLANNING YEAR.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 22-8B-12 NMSA 1978 (being Laws 1999, Chapter 281, Section 12, as amended) 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 six years; provided that the first year shall be used exclusively for planning and not for completing the application. A charter may be renewed for successive periods of five years each. Approvals of less than five years may be agreed to between the charter school and the chartering authority.

          B. During the planning year, the charter school shall file quarterly status reports with the chartering authority and the department pursuant to a schedule and in a format agreed to by the chartering authority and the charter school. The chartering authority shall review each status report and may request other information necessary to ensure that the charter school is developing in accordance with the conditions, standards and procedures of its approved charter.

          [B.] C. Prior to the end of the planning year, the charter school shall demonstrate that its facilities meet the requirements of Section 22-8B-4.2 NMSA 1978.

          [C.] D. Prior to the end of the planning year, a state-chartered charter school shall demonstrate that it has qualified as a board of finance and has satisfied any conditions imposed by the commission before commencing full operation for the remainder of its charter term. The commission shall either issue or refuse to issue the authorization to commence full operation within twenty-one days of the request. If the commission refuses to issue the authorization, it shall provide its reasons in writing to the charter school.

          [D.] E. No later than two hundred seventy days prior to the date in which the charter expires, the governing body may submit a renewal application to the chartering authority. A charter school may apply to a different chartering authority for renewal. The chartering authority shall rule in a public hearing on the renewal application no later than one hundred eighty days prior to the expiration of the charter.

          [E.] F. A charter school renewal application submitted to the chartering authority shall contain:

                (1) a report on the progress of the charter school in achieving the goals, objectives, student performance standards, state minimum educational standards and other terms of the initial approved charter application, including the accountability requirements set forth in the Assessment and 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 allows comparison of costs to other schools or comparable organizations and that is in a format required by the department;

                (3) contents of the charter application set forth in Section 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;

                (5) a petition in support of the charter school renewing its charter status signed by at least seventy-five percent of the households whose children are enrolled in the charter school; and

                (6) a description of the charter school facilities and assurances that the facilities are in compliance with the requirements of Section 22-8B-4.2 NMSA 1978.

          [F.] G. A charter may be suspended, revoked or not renewed by the chartering authority if the chartering authority determines that the charter school did any of the following:

                (1) deviated in a material way from the conditions, standards and procedures of its approved charter during the planning year;

                [(1)] (2) committed a material violation of any of the conditions, standards or procedures set forth in the charter;

                [(2)] (3) failed to meet or make substantial progress toward achievement of the department's minimum educational standards or student performance standards identified in the charter application;

                [(3)] (4) failed to meet generally accepted standards of fiscal management; or

                [(4)] (5) violated any provision of law from which the charter school was not specifically exempted.

          [G.] H. If a chartering authority suspends, revokes or does not renew a charter, the chartering authority shall state in writing its reasons for the suspension, revocation or nonrenewal.

          [H.] I. A decision to suspend, revoke or not to renew a charter may be appealed by the governing body pursuant to Section 22-8B-7 NMSA 1978."

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