0001| AN ACT | 0002| RELATING TO EDUCATION; AMENDING A SECTION OF THE PUBLIC SCHOOL CODE | 0003| PERTAINING TO THE DUTIES OF THE STATE BOARD OF EDUCATION. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967, Chapter 16, | 0007| Section 5, as amended) is amended to read: | 0008| "22-2-2. STATE BOARD--DUTIES.--Without limiting those powers | 0009| granted to the state board pursuant to Section 22-2-1 NMSA 1978, the | 0010| state board shall perform the following duties: | 0011| A. properly and uniformly enforce the provisions of the | 0012| Public School Code; | 0013| B. determine policy for the operation of all public schools | 0014| and vocational education programs in the state; | 0015| C. appoint a state superintendent; | 0016| D. purchase and loan instructional material to students | 0017| pursuant to the Instructional Material Law and adopt regulations | 0018| relating to the use and operation of instructional material depositories | 0019| in the instructional material distribution process; | 0020| E. designate courses of instruction to be taught in all | 0021| public schools in the state; | 0022| F. assess and evaluate all state institutions and those | 0023| private schools that desire state accreditation; | 0024| G. determine the qualifications for and issue a certificate | 0025| to any person teaching, assisting teachers, supervising an instructional | 0001| program, counseling, providing special instructional services or | 0002| administering in public schools, according to law and according to a | 0003| system of classification adopted and published by the state board; | 0004| H. suspend or revoke a certificate held by a certified | 0005| school instructor or certified school administrator, according to law, | 0006| for incompetency, immorality or for any other good and just cause; | 0007| I. make full and complete reports on consolidation of school | 0008| districts to the legislature; | 0009| J. prescribe courses of instruction, requirements for | 0010| graduation and standards for all public schools, for private schools | 0011| seeking state accreditation and for the educational programs conducted | 0012| in state institutions other than New Mexico military institute; | 0013| K. adopt regulations for the administration of all public | 0014| schools and bylaws for its own administration; | 0015| L. require periodic reports on forms prescribed by it from | 0016| all public schools and attendance reports from private schools; | 0017| M. authorize adult educational programs to be conducted in | 0018| schools under its jurisdiction and promulgate and publish regulations | 0019| governing all such adult educational programs; | 0020| N. require any school under its jurisdiction that sponsors | 0021| athletic programs involving sports to mandate that the participating | 0022| student obtain catastrophic health and accident insurance coverage, such | 0023| coverage to be offered through the school and issued by an insurance | 0024| company duly licensed pursuant to the laws of New Mexico; | 0025| O. require all accrediting agencies for public schools in | 0001| the state to act with its approval; | 0002| P. accept and receive all grants of money from the federal | 0003| government or any other agency for public school purposes and disburse | 0004| the money in the manner and for the purpose specified in the grant; | 0005| Q. require prior approval for any educational program in a | 0006| public school that is to be conducted, sponsored, carried on or caused | 0007| to be carried on by a private organization or agency; | 0008| R. approve or disapprove all rules or regulations | 0009| promulgated by any association or organization attempting to regulate | 0010| any public school activity and invalidate any rule or regulation in | 0011| conflict with any regulation promulgated by the state board. The state | 0012| board may require performance and financial audits of any association or | 0013| organization attempting to regulate any public school activity. The | 0014| state board shall have no power or control over the rules or regulations | 0015| or the bylaws governing the administration of the internal organization | 0016| of the association or organization; | 0017| S. review decisions made by the governing board or officials | 0018| of any organization or association regulating any public school | 0019| activity, and any decision of the state board shall be final in respect | 0020| thereto; | 0021| T. accept or reject any charitable gift, grant, devise or | 0022| bequest. The particular gift, grant, devise or bequest accepted shall | 0023| be considered an asset of the state; | 0024| U. establish and maintain regional centers, at its | 0025| discretion, for conducting cooperative services between public schools | 0001| and school districts within and among those regions and to facilitate | 0002| regulation and evaluation of school programs; | 0003| V. assess and evaluate for accreditation purposes at least | 0004| one-third of all public schools each year through visits by department | 0005| of education personnel to investigate the adequacy of pupil gain in | 0006| standard required subject matter, adequacy of pupil activities, | 0007| functional feasibility of public school and school district | 0008| organization, adequacy of staff preparation and other matters bearing | 0009| upon the education of the students; | 0010| W. provide for management and other necessary personnel to | 0011| operate any public school or school district that has failed to meet | 0012| requirements of law, state board standards or state board regulations; | 0013| provided that the operation of the public school or school district | 0014| shall not include any consolidation or reorganization without the | 0015| approval of the local board of that school district. Until such time as | 0016| requirements of law, standards or regulations have been met and | 0017| compliance is assured, the powers and duties of the local school board | 0018| shall be suspended; | 0019| X. establish and implement a plan that provides for | 0020| technical assistance to local school boards through workshops and other | 0021| in-service training methods; provided, however, that no plan shall | 0022| require mandatory attendance by any member of a local school board; | 0023| Y. submit a plan applying for funds available under Public | 0024| Law 94-142 and disburse these funds in the manner and for the purposes | 0025| specified in the plan; and | 0001| Z. enforce requirements for home schools. Upon finding that | 0002| a home school is not in compliance with law, the state board shall have | 0003| authority to order that a student attend a public school or a private | 0004| school." | 0005| | 0006| HB | 0007| 782 | 0008| Page  |