SENATE BILL 518

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Jacob R. Candelaria

AN ACT

RELATING TO EDUCATION; AMENDING THE PUBLIC SCHOOL CODE TO AFFIRM NONDISCRIMINATORY ENROLLMENT POLICIES FOR CHARTER SCHOOLS; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 22-8B-4.1 NMSA 1978 (being Laws 2000, Chapter 82, Section 3) is amended to read:

     "22-8B-4.1. CHARTER SCHOOLS' ENROLLMENT PROCEDURES.--

          A. Start-up schools and conversion schools are subject to the following enrollment procedures:

                (1) a start-up school may either enroll students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the start-up school; and

                (2) a conversion school shall give enrollment preference to students who are enrolled in the public school at the time it is converted into a charter school and to siblings of students admitted to or attending the charter school. The conversion school may either enroll all other students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the conversion school.

          B. In subsequent years of its operation, a charter school shall give enrollment preference to:

                (1) students who have been admitted to the charter school through an appropriate admission process and remain in attendance through subsequent grades; and

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

          C. No charter school shall discriminate in its enrollment policies on any basis that would be illegal if practiced by a public school or school district, including the administration of tests to potential applicants, the results of which determine acceptance for enrollment; requiring attendance at informational meetings or interviews by applicants or their parents as a condition of acceptance for enrollment; and participation by parents as volunteers in the school as a condition of acceptance for enrollment.

          D. Any lottery selection process used for admission shall be administered by the commission. Any waiting list for admission to a charter school shall be centrally administered by the commission."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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