SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 140

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO PROVIDE FLEXIBILITY FOR HIGH-PERFORMING SCHOOL DISTRICTS AND SCHOOLS WITHIN DISTRICTS.

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 public schools that exceed educational standards as determined by the department] requirements or rules and provisions of the Public School Code for a school that receives a school grade of A or B for its school report card for two consecutive years pursuant to the Assessment and Accountability Act, or a school that is not a charter school and that receives a grade of A or B for two consecutive years pursuant to the A-B-C-D-F Schools Rating Act pertaining to:

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

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

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

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

                [(5) purchase of] (4) driver education as provided in Section 66-10-5 NMSA 1978.

          B. For a school district that receives a grade of A or B for its school district report card for two consecutive years pursuant to the Assessment and Accountability Act, the department shall waive the requirement that the school district shall purchase instructional material from the department-approved multiple list requirement as provided in Section 22-15-8 NMSA 1978.

          [B.] C. Upon receiving a waiver request from a school district or school that is not a charter school and that [exceeds educational standards and in addition to] meets the requirements set forth in [Subsection] Subsections A and B 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; 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.] D. Waivers granted pursuant to this section shall begin in the school year following that in which a [public] school district or school that is not a charter school exceeds educational standards and [may] shall remain in effect [as long as the school continues to exceed educational standards] until the school district or school that is not a charter school receives a grade of C, D or F for two consecutive years.

          [D.] E. The department shall [only] waive only requirements that do not conflict with the federal [No Child Left Behind] Every Student Succeeds Act [of 2001] or rules adopted pursuant to that act."

- 3 -