HOUSE BILL 321

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Stephanie Garcia Richard

AN ACT

RELATING TO PUBLIC EDUCATION; AMENDING THE PUBLIC SCHOOL CODE TO PROVIDE WAIVERS OF CERTAIN OF ITS PROVISIONS FOR TRADITIONAL PUBLIC SCHOOLS THAT HAVE BEEN RATED "A".

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

     SECTION 1. Section 22-2-2.1 NMSA 1978 (being Laws 2003, Chapter 104, Section 1, as amended) is amended to read:

     "22-2-2.1. ADDITIONAL DEPARTMENT DUTIES--WAIVER OF CERTAIN REQUIREMENTS.--

          A. The department shall approve all [reasonable] requests to waive the following for all traditional public schools that [exceed educational standards as determined] have been rated "A" by the department as provided in the A-B-C-D-F Schools Rating Act:

                (1) accreditation review requirements as provided in Section 22-2-2 NMSA 1978;

                (2) the length of the school day requirement as provided in Section 22-2-8.1 NMSA 1978;

                (3) [the] staffing patterns and individual class load [requirement] and teaching load requirements as provided in Section 22-10A-20 NMSA 1978;

                (4) school principal duties as provided in Section 22-10A-18 NMSA 1978;

                (5) driver education as provided in Section 22-13-12 NMSA 1978;

                [(4) the] (6) subject area [requirement] requirements as provided in Section 22-13-1 NMSA 1978; and

                [(5)] (7) purchase of instructional material from the department-approved multiple list requirement as provided in Section 22-15-8 NMSA 1978.

          B. Upon receiving a waiver request from a traditional public school that [exceeds educational standards] has been rated "A" as provided in the A-B-C-D-F Schools Rating Act and in addition to the requirements set forth in Subsection A of this section, the department may waive:

                (1) the graduation requirement as provided in Section 22-13-1.1 NMSA 1978;

                (2) evaluation standards for school personnel as provided in Section 22-10A-19 NMSA 1978; and

                (3) other requirements of the Public School Code that impede innovation in education if the waiver request is supported by the teachers at the requesting school and the requesting school's local school board.

          C. Waivers granted pursuant to this section shall begin in the school year following that in which a traditional public school [exceeds educational standards] is rated "A" and may remain in effect as long as the school continues to [exceed educational standards] be rated "A".

          D. [The department shall only waive requirements that do not conflict with the federal No Child Left Behind Act of 2001 or rules adopted pursuant to that act] As used in this section, "traditional public school" means a public school that is not a locally chartered or state-chartered charter school."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

- 3 -