SENATE BILL 338

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Gay G. Kernan

AN ACT

RELATING TO PUBLIC SCHOOLS; DEFINING "VIRTUAL CHARTER SCHOOL"; ESTABLISHING A ONE-YEAR MORATORIUM ON THE CREATION OF NEW VIRTUAL CHARTER SCHOOLS TO ALLOW TIME TO STUDY ISSUES RELATED TO THOSE SCHOOLS; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 22-8B-2 NMSA 1978 (being Laws 1999, Chapter 281, Section 2, as amended) is amended to read:

     "22-8B-2. DEFINITIONS.--As used in the Charter Schools Act:

          A. "charter school" means a conversion school or start-up school authorized by the chartering authority to operate as a public school;

          B. "chartering authority" means either a local school board or the commission;

          C. "commission" means the public education commission;

          D. "conversion school" means an existing public school within a school district that was authorized by a local school board to become a charter school prior to July 1, 2007;

          E. "division" means the charter schools division of the department;

          F. "governing body" means the governing structure of a charter school as set forth in the school's charter; [and]

          G. "start-up school" means a public school developed by one or more parents, teachers or community members authorized by the chartering authority to become a charter school; and

          H. "virtual charter school" means a full-time, online public school, chartered by a local school board or the commission, that delivers a program to a student primarily through the use of the internet of synchronous instruction, in which the teacher and student are online at the same time, or asynchronous instruction, in which the student and teacher are not online at the same time. A virtual charter school has its own assigned school code and operates under its own administrator, has its own budget and offers a complete instructional program."

     SECTION 2. TEMPORARY PROVISION--VIRTUAL CHARTER SCHOOL MORATORIUM.--From June 1, 2013 through May 31, 2014, no new initial applications for virtual charter schools shall be accepted or approved by a chartering authority in order to allow the public education department, in coordination with the legislative education study committee, a year in which to review outstanding questions and issues regarding the impact of virtual charter schools on students and school systems; to identify sections of state law that may affect or be affected by the establishment of virtual charter schools; and, if necessary, to propose changes to the law to accommodate and regulate virtual charter schools.

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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