HOUSE BILL 181

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Linda M. Trujillo

AN ACT

RELATING TO CHARTER SCHOOLS; GRANTING AN ENROLLMENT PREFERENCE FOR CONVERSION CHARTER SCHOOL STUDENTS TO THOSE WHO LIVE WITHIN THE ATTENDANCE AREA OF THE PUBLIC SCHOOL THAT EXISTED PRIOR TO ITS CONVERSION TO A CHARTER SCHOOL.

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

     SECTION 1. Section 22-8B-2 NMSA 1978 (being Laws 1999, Chapter 281, Section 2, as amended) is amended to read:

     "22-8B-2. DEFINITIONS.--As used in the Charter Schools Act:

          A. "charter school" means a conversion school or start-up school authorized by the chartering authority to operate as a public school;

          B. "chartering authority" means either a local school board or the commission;

          C. "commission" means the public education commission;

          D. "conversion school" means an existing public school within a school district that was authorized by a local school board to become a charter school prior to July 1, 2007;

          E. "division" means the charter schools division of the department;

          [F. "enrollment preference" means filling a charter school's openings with students, or siblings of students, who have already been admitted to the school through an appropriate admission process or are continuing through subsequent grades;

          G.] F. "governing body" means the governing structure of a charter school as set forth in the school's charter;

          [H.] G. "governing body training" means the training required pursuant to Section 22-8B-5.1 NMSA 1978 to educate governing body members and ensure compliance with all applicable laws, which training may be obtained from any source, individual or entity that has been approved by the department;

          [I.] H. "management" means authority over the hiring, termination and day-to-day direction of a school's employees or contractors, whether they are licensed or not;

          [J.] I. "material violation" means the act of failing to accomplish a requirement of a law, rule or contract or a charter school's bylaws that substantially affects the charter school's employees' or students' rights or privileges;

          [K.] J. "nondiscretionary waiver" means a waiver of requirements or rules and the provisions of the Public School Code that the department shall grant pursuant to Section 22-8B-5 NMSA 1978 and for which a charter school shall not require separate approval by the department;

          [L.] K. "performance indicator" means a measurement tool that enables selected issues or conditions to be monitored over time for the purposes of evaluating progress toward or away from a desired direction;

          [M.] L. "performance target" means the specific rating to which the data from a school's performance indicators shall be compared to determine whether the school exceeds, meets, does not meet or falls far below that rating;

          [N.] M. "siblings" means:

                (1) students living in the same residence at least fifty percent of the time in a permanent or semipermanent situation, such as long-term foster care placements; or

                (2) students related to each other by blood, marriage or cohabitation; and

          [O.] N. "start-up school" means a public school developed by one or more parents, teachers or community members authorized by the chartering authority to become a charter school."

     SECTION 2. 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:

                (1) a start-up charter school shall give enrollment preference to:

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

                     [(2)] (b) siblings of students already admitted to or attending the same charter school; and

                (2) a conversion charter school shall give enrollment preference to:

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

                     (b) siblings of students already admitted to or attending the same charter school; and

                     (c) students who reside within the boundaries of the attendance area for the public school that existed at the time of conversion."

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