SENATE BILL 418
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Michael S. Sanchez
AN ACT
RELATING TO CHARTER SCHOOLS; PROVIDING FOR THE ELECTION OF MEMBERS OF GOVERNING BODIES; PROVIDING FOR INITIAL APPOINTMENT OF MEMBERS; PROVIDING FOR TERMS AND QUALIFICATIONS AND THE FILLING OF VACANCIES; PROVIDING THAT ALL CHARTER SCHOOL GOVERNING BODIES SHALL BE ELECTED BY THE REGULAR SCHOOL DISTRICT ELECTION IN 2017.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8B-4 NMSA 1978 (being Laws 1999, Chapter 281, Section 4, as amended) is amended to read:
"22-8B-4. CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES--OPERATION.--
A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, physical or mental handicap, serious medical condition, race, creed, color, sex, gender identity, sexual orientation, spousal affiliation, national origin, religion, ancestry or need for special education services.
B. A charter school shall be governed by a governing body [in the manner] appointed or elected pursuant to the Charter Schools Act and as set forth in the charter contract [provided that]. A governing body shall have at least five members, and [provided further that] no member of a governing body for a charter school that is initially approved on or after July 1, 2005 or whose charter is renewed on or after July 1, 2005 shall serve on the governing body of another charter school. No member of a local school board shall be a member of a governing body for a charter school or employed in any capacity by a locally chartered charter school located within the local school board's school district during the term of office for which the member was elected or appointed.
C. A charter school shall be responsible for: (1) its own operation, including preparation of a budget, subject to audits pursuant to the Audit Act; and
(2) contracting for services and personnel matters.
D. A charter school may contract with a school district, a university or college, the state, another political subdivision of the state, the federal government or one of its agencies, a tribal government or any other third party for the use of a facility, its operation and maintenance and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter contract. Facilities used by a charter school shall meet the standards required pursuant to Section 22-8B-4.2 NMSA 1978.
E. A conversion school chartered before July 1, 2007 may choose to continue using the school district facilities and equipment it had been using prior to conversion, subject to the provisions of Subsection F of this section.
F. The school district in which a charter school is geographically located shall provide a charter school with available facilities for the school's operations unless the facilities are currently used for other educational purposes. An agreement for the use of school district facilities by a charter school may provide for reasonable lease payments; provided that the payments do not exceed the sum of the lease reimbursement rate provided in Subparagraph (b) of Paragraph (1) of Subsection I of Section 22-24-4 NMSA 1978 plus any reimbursement for actual direct costs incurred by the school district in providing the facilities; and provided further that any lease payments received by a school district may be retained by the school district and shall not be considered to be cash balances in any calculation pursuant to Section 22-8-41 NMSA 1978. The available facilities provided by a school district to a charter school shall meet all occupancy standards as specified by the public school capital outlay council. As used in this subsection, "other educational purposes" includes health clinics, daycare centers, teacher training centers, school district administration functions and other ancillary services related to a school district's functions and operations.
G. A locally chartered charter school may pay the costs of operation and maintenance of its facilities or may contract with the school district to provide facility operation and maintenance services.
H. Locally chartered charter school facilities are eligible for state and local capital outlay funds and shall be included in the school district's five-year facilities plan.
I. A locally chartered charter school shall negotiate with a school district to provide transportation to students eligible for transportation under the provisions of the Public School Code. The school district, in conjunction with the charter school, may establish a limit for student transportation to and from the charter school site not to extend beyond the school district boundary.
J. A charter school shall be a nonsectarian, nonreligious and non-home-based public school.
K. Except as otherwise provided in the Public School Code, a charter school shall not charge tuition or have admission requirements.
L. With the approval of the chartering authority, a single charter school may maintain separate facilities at two or more locations within the same school district; but, for purposes of calculating program units pursuant to the Public School Finance Act, the separate facilities shall be treated together as one school.
M. A charter school shall be subject to the provisions of Section 22-2-8 NMSA 1978 and the Assessment and Accountability Act.
N. Within constitutional and statutory limits, a charter school may acquire and dispose of property; provided that, upon termination of the charter, all assets of the locally chartered charter school shall revert to the local school board and all assets of the state-chartered charter school shall revert to the state, except that, if all or any portion of a state-chartered charter school facility is financed with the proceeds of general obligation bonds issued by a local school board, the facility shall revert to the local school board.
O. The governing body of a charter school may accept or reject any charitable gift, grant, devise or bequest; provided that no such gift, grant, devise or bequest shall be accepted if subject to any condition contrary to law or to the terms of the charter. The particular gift, grant, devise or bequest shall be considered an asset of the charter school to which it is given.
P. The governing body may contract and sue and be sued. A local school board shall not be liable for any acts or omissions of the charter school.
Q. A charter school shall comply with all state and federal health and safety requirements applicable to public schools, including those health and safety codes relating to educational building occupancy.
R. A charter school is a public school that may contract with a school district or other party for provision of financial management, food services, transportation, facilities, education-related services or other services. The governing body shall not contract with a for-profit entity for the management of the charter school.
S. To enable state-chartered charter schools to submit required data to the department, an accountability data system shall be maintained by the department.
T. A charter school shall comply with all applicable state and federal laws and rules related to providing special education services. Charter school students with disabilities and their parents retain all rights under the federal Individuals with Disabilities Education Act and its implementing state and federal rules. Each charter school is responsible for identifying, evaluating and offering a free appropriate public education to all eligible children who are accepted for enrollment in that charter school. The state-chartered charter school, as a local educational agency, shall assume responsibility for determining students' needs for special education and related services. The division may promulgate rules to implement the requirements of this subsection."
SECTION 2. A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] GOVERNING BODY--INITIAL APPOINTMENT--ELECTIONS--REMOVAL OR RECALL.--
A. The charter of a proposed charter school shall set forth the number of members of the governing body as well as provisions for:
(1) the manner of selection and appointment of the initial governing body, who shall serve until the election and qualification of members of the governing body at the next regular school district election;
(2) the terms of elected members, which shall be four years, except that members initially elected shall determine by lot lesser terms to establish staggered terms if the charter provides for those; and
(3) the manner of selection and appointment of members to fill vacancies for unexpired terms.
B. Charter school governing body elections shall be at-large within the boundaries of the school district in which it is located. If a state-chartered charter school draws or intends to draw at least twenty-five percent of its student body from a school district other than the one in which the charter school is located, the governing body shall provide for member districts. The division shall assist the governing body in determining districts that meet state and federal laws.
C. Elections shall be called, conducted and canvassed as provided in the School Election Law.
D. New charter schools, including proposed charter schools that are still in the planning or application phase of chartering, and charter schools that are renewing their charter or changing their chartering authority on or after July 1, 2015 shall comply with the provisions of this section prior to being chartered or granted a new chartering authority. All other charter schools shall comply with the provisions of this section before the date for declarations of candidacy for the regular school district election in 2017. The charter school and the chartering authority shall cooperate in amending the charter school's charter in a timely manner to comply with the provisions of this section.
E. Members of the governing body may be removed from office as provided in Chapter 10, Article 4 NMSA 1978 or recalled as provided in Chapter 22, Article 7 NMSA 1978."
SECTION 3. Section 22-8B-8 NMSA 1978 (being Laws 1999, Chapter 281, Section 8, as amended) is amended to read:
"22-8B-8. CHARTER APPLICATION--CONTENTS.--The charter school application shall include:
A. the mission statement of the charter school;
B. the goals, objectives and student performance outcomes to be achieved by the charter school;
C. a description of the charter school's educational program, student performance standards and curriculum that must meet or exceed the department's educational standards and must be designed to enable each student to achieve those standards;
D. a description of the way a charter school's educational program will meet the individual needs of the students, including those students determined to be at risk;
E. a description of the charter school's plan for evaluating student performance, the types of assessments that will be used to measure student progress toward achievement of the state's standards and the school's student performance outcomes, the time line for achievement of the outcomes and the procedures for taking corrective action in the event that student performance falls below the standards;
F. evidence that the plan for the charter school is economically sound, including a proposed budget for the term of the charter and a description of the manner in which the annual audit of the financial and administrative operations of the charter school is to be conducted;
G. evidence that the fiscal management of the charter school complies with all applicable federal and state laws and rules relative to fiscal procedures;
H. evidence of a plan for the displacement of students, teachers and other employees who will not attend or be employed in the conversion school;
I. a description of the governing body and operation of the charter school, including:
(1) [how the governing body will be selected; (2) qualification and terms of members, how vacancies on the governing body will be filled and procedures for changing governing body membership] matters pertaining to the selection of members of the governing body provided in Section 2 of this 2015 act; and
[(3)] (2) the nature and extent of parental, professional educator and community involvement in the governance and operation of the school;
J. an explanation of the relationship that will exist between the proposed charter school and its employees, including evidence that the terms and conditions of employment will be addressed with affected employees and their recognized representatives, if any;
K. the employment and student discipline policies of the proposed charter school;
L. an agreement between the charter school and the chartering authority regarding their respective legal liability and applicable insurance coverage;
M. a description of how the charter school plans to meet the transportation and food service needs of its students;
N. a description of both the discretionary waivers and the waivers provided for in Section 22-8B-5 NMSA 1978 that the charter school is requesting or that will be provided from the local school board or the department and the charter school's plan for addressing and using these waiver requests; and
O. a description of the facilities the charter school plans to use."
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