SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 219

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO PUBLIC SCHOOLS; CHANGING THE PETITION REQUIREMENTS FOR REQUESTING THE CREATION OF A NEW SCHOOL DISTRICT.

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

     SECTION 1. Section 22-4-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 15, as amended) is amended to read:

     "22-4-2. NEW SCHOOL DISTRICTS--CREATION.--

          A. The [state board] department may order the creation of a new school district:

                (1) upon receipt of and according to a resolution requesting the creation of the new school district by the local school board of the existing school district;

                 (2) [after review by the local school board and] upon receipt of a petition [bearing] in favor of creating a new school district that bears signatures verified by the county clerk of the affected area of [sixty] at least ten percent of the registered voters residing within the geographic area desiring creation of a new school district; or

                (3) upon [recommendation of the state superintendent and upon] a determination by the [state board] department that creation of a new school district would meet the standards set forth in Subsection B of this section.

          B. Within ninety days of receipt of the local school board resolution or receipt of the voters' petition, [or receipt of a recommendation by the state superintendent, the state board] the department shall conduct a public hearing to determine whether:

                (1) the existing school district and the new school district to be created will each have a minimum membership of five hundred;

                (2) a high school program is to be taught in the existing school district and in the new school district to be created unless an exception is granted to this requirement by the [state board] department; and

                (3) creating the new school district is in the best interest of public education in the existing school district and in the new school district to be created and in the best interest of public education in the state."

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