SENATE BILL 329

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

INTRODUCED BY

Linda M. Lopez and Georgene Louis

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOL DISTRICTS AND CHARTER SCHOOLS TO CONSULT WITH TRIBAL LEADERS AND MEMBERS AND FAMILIES OF STUDENTS WHEN CONSIDERING OPENING A PUBLIC SCHOOL ON TRIBAL LAND; REQUIRING THAT CONSULTATION MUST INCLUDE NOT JUST LAND USE BUT CULTURALLY RELEVANT PROGRAMMING, LANGUAGE IMMERSION, SCHOOL CALENDARS, ACCOUNTABILITY, PROFESSIONAL DEVELOPMENT FOR SCHOOL PERSONNEL THAT FOCUSES ON IMPROVING EDUCATIONAL OUTCOMES FOR INDIAN STUDENTS AND OTHER MATTERS IMPORTANT TO TRIBES; REQUIRING CONSULTATION WITH TRIBAL LEADERS AND MEMBERS AND FAMILIES OF STUDENTS WHEN THE PUBLIC EDUCATION DEPARTMENT, A SCHOOL DISTRICT OR A CHARTER SCHOOL IS CONSIDERING CLOSING A SCHOOL ON TRIBAL LAND, INCLUDING PLANS FOR WHERE STUDENTS WILL ATTEND SCHOOL AND HOW CULTURAL NEEDS AND EDUCATIONAL OUTCOMES FOR INDIAN STUDENTS ATTENDING NEW SCHOOLS WILL BE SATISFIED.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEPARTMENT--ADDITIONAL DUTIES--CLOSING A SCHOOL--CONSULTATIONS WITH TRIBAL LEADERS AND MEMBERS AND FAMILIES OF STUDENTS.--

          A. Whenever the department is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school.

          B. Consultation shall include, among other actions, open meetings in which the department explains:

                (1) the reasons for closing the public school and the efforts the department and the school district or charter school have made in the past to work with the tribe and tribal parents to ensure:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials; and

                     (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations;

                (2) the reasons why the department has not or cannot provide additional resources to keep the public school open;

                (3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools;

                (4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials;

                     (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations; and

                     (d) extensive professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students;

                (5) how the educational outcomes for the Indian students will be improved by attending another public school;

                (6) plans for the public school buildings that will be left empty by the closure; and

                (7) any other matters the department believes provide an adequate explanation of the reasons for closing the public school on tribal lands."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARD--CONSIDERATION OF OPENING OR CLOSING A PUBLIC SCHOOL ON TRIBAL LAND--CONSULTATION WITH TRIBAL LEADERS AND MEMBERS AND FAMILIES OF STUDENTS.--

          A. Whenever a local school board is contemplating opening a public school on tribal land, in addition to negotiations involving land or buildings, the local school board and the local superintendent shall consult with tribal leaders and members and families of students who will be eligible to attend the public school on the design of the school and its programming.

          B. Consultation shall include, among other actions, open meetings in which the local school board and local superintendent explain:

                (1) how and why they reached the decision to approach the tribe about opening a public school on tribal land;

                (2) the level of their commitment to improving educational outcomes for Indian students by opening a public school and how that commitment will be manifested through:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials;

                     (c) sensitivity to the tribe's calendar of religious and tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations; and

                     (d) extensive professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students; and

                (3) preferred school locations and building designs.

          C. Whenever a local school board is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school.

          D. Consultation shall include, among other actions, open meetings in which the local board and the local superintendent explain:

                (1) the reasons for closing the public school and the efforts the school district has made in the past to work with the tribe and tribal parents to ensure:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials; and

                     (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations;

                (2) the reasons why the local school board has not or cannot provide additional resources to keep the public school open;

                (3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools;

                (4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials;

                     (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations; and

                     (d) extensive professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students;

                (5) how the educational outcomes for the Indian students will be improved by attending another public school;

                (6) plans for the public school buildings that will be left empty by the closure; and

                (7) any other matters the local school board believes provide an adequate explanation of the reasons for closing the public school on tribal lands."

     SECTION 3. A new section of the Charter Schools Act is enacted to read:

     "[NEW MATERIAL] CHARTER SCHOOLS--PROPOSALS TO OPEN OR CLOSE A PUBLIC SCHOOL ON TRIBAL LAND---CONSULTATION WITH TRIBAL LEADERS AND MEMBERS AND FAMILIES OF STUDENTS.--

          A. If a charter school applicant wants to open a charter school on tribal land, it shall negotiate with and receive the tribal government's approval for the public school before the charter school authorizer acts on the application. The applicant shall also consult with tribal leaders and members and families of students who will be eligible to attend the public school.

          B. Consultation shall include, among other actions, open meetings in which the charter school applicant shall explain:

                (1) how and why the applicant reached the decision to approach the tribe about opening a public school on tribal land; and

                (2) the level of the charter school applicant's commitment to improving educational outcomes for Indian students by opening a public school and how that commitment will be manifested through:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials;

                     (c) sensitivity to the tribe's calendar of religious and tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations; and

                     (d) extensive professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students.

          C. Whenever a charter school authorizer is contemplating closing a charter school on tribal land, for any reason, it shall consult with tribal leaders and members and families of students attending the charter school.

          D. Consultation shall include, among other actions, open meetings in which the charter school authorizer and the head administrator of the charter school explain:

                (1) the reasons for closing the charter school and the efforts the charter school and the charter school authorizer have made in the past to work with the tribe and tribal parents to ensure:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials; and

                     (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations;

                (2) the reasons why the charter school has not or cannot provide additional resources to keep the charter school open;

                (3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools;

                (4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to:

                     (a) culturally and linguistically responsive school policies;

                     (b) rigorous and culturally meaningful curricula and instructional materials;

                     (c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar so that Indian students are not penalized for high absenteeism because of tribal obligations; and

                     (d) extensive professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students;

                (5) how the educational outcomes for the Indian students will be improved by attending another public school;

                (6) plans for the public school buildings that will be left empty by the closure; and

                (7) any other matters the charter school governing body and head administrator believe provide an adequate explanation of the reasons for closing the charter school."

- 10 -