sb0329eds

SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 329

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

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, meetings in which the department explains:

(1) the reasons for closing the public school;

(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;

(d) 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's programming.

B. Consultation shall include, among other actions, 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; and

(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. 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, meetings in which the local board and the local superintendent explain:

(1) the reasons for closing the public school;

(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;

(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, 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. 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;

(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;

(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."

SECTION 4. Section 22-8B-6 NMSA 1978 (being Laws 1999, Chapter 281, Section 6, as amended) is amended to read:

"22-8B-6. CHARTER SCHOOL REQUIREMENTS--APPLICATION PROCESS--AUTHORIZATION--STATE BOARD OF FINANCE DESIGNATION REQUIRED--PUBLIC HEARINGS--SUBCOMMITTEES.--

A. A local school board has the authority to approve the establishment of a locally chartered charter school within that local school board's district.

B. No later than the second Tuesday of January of the year in which an application will be filed, the organizers of a proposed charter school shall provide written notification to the commission and the school district in which the charter school is proposed to be located of their intent to establish a charter school. Failure to notify may result in an application not being accepted.

C. A charter school applicant shall apply to either a local school board or the commission for a charter. If an application is submitted to a chartering authority, it must process the application. Applications for initial charters shall be submitted by June 1 to be eligible for consideration for the following fiscal year; provided that the June 1 deadline may be waived upon agreement of the applicant and the chartering authority.

D. An application shall include the total number of grades the charter school proposes to provide, either immediately or phased. A charter school may decrease the number of grades it eventually offers, but it shall not increase the number of grades or the total number of students proposed to be served in each grade.

E. An application shall include a detailed description of the charter school's projected facility needs, including projected requests for capital outlay assistance that have been approved by the director of the public school facilities authority or the director's designee. The director shall respond to a written request for review from a charter applicant within forty-five days of the request.

F. An application may be made by one or more teachers, parents or community members or by a public post-secondary educational institution or nonprofit organization. Municipalities, counties, private post-secondary educational institutions and for-profit business entities are not eligible to apply for or receive a charter.

G. An initial application for a charter school shall not be made after June 30, 2007 if the proposed charter school's proposed enrollment for all grades or the proposed charter school's proposed enrollment for all grades in combination with any other charter school's enrollment for all grades would equal or exceed ten percent of the total MEM of the school district in which the charter school will be geographically located and that school district has a total enrollment of not more than one thousand three hundred students.

H. A state-chartered charter school shall not be approved for operation unless its governing body has qualified to be a board of finance.

I. The chartering authority shall receive and review all applications for charter schools submitted to it. The chartering authority shall not charge application fees.

J. The chartering authority shall hold at least one public hearing in the school district in which the charter school is proposed to be located to obtain information and community input to assist it in its decision whether to grant a charter school application. The chartering authority may designate a subcommittee of no fewer than three members to hold the public hearing, and, if so, the hearing shall be transcribed for later review by other members of the chartering authority. Community input may include written or oral comments in favor of or in opposition to the application from the applicant, the local community and, for state-chartered charter schools, the local school board and school district in whose geographical boundaries the charter school is proposed to be located.

K. The chartering authority shall rule on the application for a charter school in a public meeting by September 1 of the year the application was received; provided, however, that prior to ruling on the application for which a designated subcommittee was used, any member of the chartering authority who was not present at the public hearing shall receive the transcript of the public hearing together with documents submitted for the public hearing. If not ruled upon by that date, the charter application shall be automatically reviewed by the secretary in accordance with the provisions of Section 22-8B-7 NMSA 1978. The charter school applicant and the chartering authority may, however, jointly waive the deadlines set forth in this section.

L. A chartering authority may approve, approve with conditions or deny an application. A chartering authority may deny an application if:

(1) the application is incomplete or inadequate;

(2) the application does not propose to offer an educational program consistent with the requirements and purposes of the Charter Schools Act;

(3) the proposed head administrator or other administrative or fiscal staff was involved with another charter school whose charter was denied or revoked for fiscal mismanagement or the proposed head administrator or other administrative or fiscal staff was discharged from a public school for fiscal mismanagement;

(4) for a proposed state-chartered charter school, it does not request to have the governing body of the charter school designated as a board of finance or the governing body does not qualify as a board of finance; [or]

(5) for a proposed charter school on tribal land, it fails to receive approval from the tribal government; or

[(5)] (6) the application is otherwise contrary to the best interests of the charter school's projected students, the local community or the school district in whose geographic boundaries the charter school applies to operate.

M. If the chartering authority denies a charter school application or approves the application with conditions, it shall state its reasons for the denial or conditions in writing within fourteen days of the meeting. If the chartering authority grants a charter, the approved charter shall be provided to the applicant together with any imposed conditions.

N. A charter school that has received a notice from the chartering authority denying approval of the charter shall have a right to a hearing by the secretary as provided in Section 22-8B-7 NMSA 1978."

SECTION 5. Section 22-8B-12 NMSA 1978 (being Laws 1999, Chapter 281, Section 12, as amended) is amended to read:

"22-8B-12. CHARTER SCHOOLS--TERM--OVERSIGHT AND CORRECTIVE ACTIONS--SITE VISITS--RENEWAL OF CHARTER--GROUNDS FOR NONRENEWAL OR REVOCATION.--

A. A charter school may be approved for an initial term of six years; provided that the first year shall be used exclusively for planning and not for completing the application. A charter may be renewed for successive periods of five years each. Approvals of less than five years may be agreed to between the charter school and the chartering authority.

B. During the planning year, the charter school shall file a minimum of three status reports with the chartering authority and the department for the purpose of demonstrating that the charter school's implementation progress is consistent with the conditions, standards and procedures of its approved charter. The report content, format and schedule for submission shall be agreed to by the chartering authority and the charter school and become part of the charter contract.

C. Prior to the end of the planning year, the charter school shall demonstrate that its facilities meet the requirements of Section 22-8B-4.2 NMSA 1978.

D. A chartering authority shall monitor the fiscal, overall governance and student performance and legal compliance of the charter schools that it oversees, including reviewing the data provided by the charter school to support ongoing evaluation according to the charter contract. Every chartering authority may conduct or require oversight activities that allow the chartering authority to fulfill its responsibilities under the Charter Schools Act, including conducting appropriate inquiries and investigations; provided that the chartering authority complies with the provisions of the Charter Schools Act and the terms of the charter contract and does not unduly inhibit the autonomy granted to the charter schools that it governs.

E. As part of its performance review of a charter school, a chartering authority shall visit a charter school under its authority at least once annually to provide technical assistance to the charter school and to determine the status of the charter school and the progress of the charter school toward the performance framework goals in its charter contract.

F. If, based on the performance review conducted by the chartering authority pursuant to Subsection D of this section, a charter school's fiscal, overall governance or student performance or legal compliance appears unsatisfactory, the chartering authority shall promptly notify the governing body of the charter school of the unsatisfactory review and provide reasonable opportunity for the governing body to remedy the problem; provided that if the unsatisfactory review warrants revocation, the revocation procedures set forth in this section shall apply. A chartering authority may take appropriate corrective actions or exercise sanctions, as long as such sanctions do not constitute revocation, in response to the unsatisfactory review. Such actions or sanctions by the chartering authority may include requiring a governing body to develop and execute a corrective action plan with the chartering authority that sets forth time frames for compliance.

G. Every chartering authority shall submit an annual report to the division, including a performance report for each charter school that it oversees, in accordance with the performance framework set forth in the charter contract.

H. The department shall review the annual report received from the chartering authority to determine if the department or local school board rules and policies from which the charter school was released pursuant to the provisions of Section 22-8B-5 NMSA 1978 assisted or impeded the charter school in meeting its stated goals and objectives. The department shall use the annual reports received from the chartering authorities as part of its report to the governor, the legislative finance committee and the legislative education study committee as required by the Charter Schools Act.

I. No later than two hundred seventy days prior to the date in which the charter expires, the governing body may submit a renewal application to the chartering authority. A charter school may apply to a different chartering authority for renewal. The chartering authority shall rule in a public hearing on the renewal application no later than one hundred eighty days prior to the expiration of the charter.

J. A charter school renewal application submitted to the chartering authority shall contain:

(1) a report on the progress of meeting the academic performance, financial compliance and governance responsibilities of the charter school, including achieving the goals, objectives, student performance outcomes, state standards of excellence and other terms of the charter contract, including the accountability requirements set forth in the Assessment and Accountability Act;

(2) a financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public, that allows comparison of costs to other schools or comparable organizations and that is in a format required by the department;

(3) a copy of the charter contract executed in compliance with the provisions of Section 22-8B-9 NMSA 1978;

(4) a petition in support of the charter school renewing its charter status signed by not less than sixty-five percent of the employees in the charter school;

(5) a petition in support of the charter school renewing its charter status signed by at least seventy-five percent of the households whose children are enrolled in the charter school; [and]

(6) a description of the charter school facilities and assurances that the facilities are in compliance with the requirements of Section 22-8B-4.2 NMSA 1978; and

(7) for charter schools located on tribal land, documentation of ongoing consultation pursuant to the Indian Education Act.

K. A charter may be suspended, revoked or not renewed by the chartering authority if the chartering authority determines that the charter school did any of the following:

(1) committed a material violation of any of the conditions, standards or procedures set forth in the charter contract;

(2) failed to meet or make substantial progress toward achievement of the department's standards of excellence or student performance standards identified in the charter contract;

(3) failed to meet generally accepted standards of fiscal management; [or]

(4) for a charter school located on tribal land, failed to comply with ongoing consultations pursuant to the Indian Education Act; or

[(4)] (5) violated any provision of law from which the charter school was not specifically exempted.

L. The chartering authority shall develop processes for suspension, revocation or nonrenewal of a charter that:

(1) provide the charter school with timely notification of the prospect of suspension, revocation or nonrenewal of the charter and the reasons for such action;

(2) allow the charter school a reasonable amount of time to prepare and submit a response to the chartering authority's action; and

(3) require the final determination made by the chartering authority to be submitted to the department.

M. If a chartering authority suspends, revokes or does not renew a charter, the chartering authority shall state in writing its reasons for the suspension, revocation or nonrenewal.

N. If a chartering authority suspends, revokes or does not renew the charter of a charter school located on tribal land, the chartering authority and charter school shall consult with the tribe pursuant to Subsections C and D of Section 3 of this 2019 act.

[N.] O. A decision to suspend, revoke or not to renew a charter may be appealed by the governing body pursuant to Section 22-8B-7 NMSA 1978."

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