HOUSE BILL 351

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CHARTER SCHOOLS; CREATING THE BILINGUAL CHARTER SCHOOL ACT; PROVIDING FOR BILINGUAL CHARTER SCHOOLS THAT SPECIALIZE IN BILINGUAL EDUCATION; PROVIDING ENROLLMENT PROCEDURES THAT SUPPORT THE ESTABLISHMENT OF A BILINGUAL STUDENT BODY.

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] SHORT TITLE.--This act may be cited as the "Bilingual Charter School Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] PURPOSE.--The purpose of the Bilingual Charter School Act is to encourage the use of innovative teaching methods inherent in charter schools in bilingual education by providing for bilingual charter schools and allowing enrollment procedures that ensure to the greatest extent possible a bilingual student body."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Bilingual Charter School Act:

          A. "bilingual charter school" means a public school specializing in bilingual education developed by one or more parents, teachers or community members authorized by the commission to become a charter school pursuant to the Charter Schools Act;

          B. "governing body" means the governing structure of a bilingual charter school as set forth in the school's charter; and

          C. "language" includes American sign language."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] BILINGUAL CHARTER SCHOOL.--

          A. The commission may charter a school as a state-chartered charter school that has as its mission and specializes in the education of an integrated student body that contains as closely as possible one-half students whose first or primary language is English and one-half students whose first or primary language is a language other than English.

          B. The bilingual charter school and the governing body are subject to all provisions of the Charter School Act except Section 22-8B-4.1 NMSA 1978. The school shall be supported by state funds in the same manner as other charter schools authorized by the commission."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] BILINGUAL CHARTER SCHOOL ENROLLMENT PROCEDURES.--

          A. A bilingual charter school shall divide the number of spaces available at the school as evenly as possible into two groups, one group whose first or primary language is English and another group whose first or primary language, as provided in the charter, is a language other than English. For each group separately, the school may either enroll students on a first-come, first-served basis or through a lottery selection process if the total number of applicants for each group exceeds the number of spaces available in that group at the school.

          B. In subsequent years of its operation, a bilingual charter school shall give enrollment preference to:                 (1) students who have been admitted to the school and remain in attendance through subsequent grades; and

                (2) siblings of students already admitted to or attending the school."

     SECTION 6. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] APPLICABILITY.--The provisions of

Section 5 of the Bilingual Charter School Act apply to a charter school that has been created prior to the effective date of that act and that has as the primary purpose of its charter bilingual education of its student body."

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