0001| SENATE BILL 768
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| TIMOTHY Z. JENNINGS
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO THE STATE BOARD OF EDUCATION; REQUIRING THE STATE
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0013| BOARD OF EDUCATION TO ADOPT RULES GOVERNING SCHOOL MEMBERSHIP IN
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0014| CERTAIN ASSOCIATIONS OR ORGANIZATIONS.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 5, as amended) is amended to read:
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0019| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
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0020| powers granted to the state board pursuant to Section 22-2-1
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0021| NMSA 1978, the state board shall perform the following duties:
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0022| A. properly and uniformly enforce the provisions of
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0023| the Public School Code;
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0024| B. determine policy for the operation of all public
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0025| schools and vocational education programs in the state;
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0001| C. appoint a state superintendent;
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0002| D. purchase and loan instructional material to
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0003| students pursuant to the Instructional Material Law and adopt
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0004| regulations relating to the use and operation of instructional
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0005| material depositories in the instructional material distribution
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0006| process;
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0007| E. designate courses of instruction to be taught in
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0008| all public schools in the state;
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0009| F. assess and evaluate all state institutions and
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0010| those private schools that desire state accreditation;
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0011| G. determine the qualifications for and issue a
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0012| certificate to any person teaching, assisting teachers,
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0013| supervising an instructional program, counseling, providing
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0014| special instructional services or administering in public
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0015| schools, according to law and according to a system of
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0016| classification adopted and published by the state board;
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0017| H. suspend or revoke a certificate held by a
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0018| certified school instructor or certified school administrator,
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0019| according to law, for incompetency, immorality or for any other
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0020| good and just cause;
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0021| I. make full and complete reports on consolidation
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0022| of school districts to the legislature;
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0023| J. prescribe courses of instruction, requirements
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0024| for graduation and standards for all public schools, for private
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0025| schools seeking state accreditation and for the educational
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0001| programs conducted in state institutions;
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0002| K. adopt regulations for the administration of all
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0003| public schools and bylaws for its own administration;
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0004| L. require periodic reports on forms prescribed by
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0005| it from all public schools and attendance reports from private
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0006| schools;
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0007| M. authorize adult educational programs to be
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0008| conducted in schools under its jurisdiction and promulgate and
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0009| publish regulations governing all such adult educational
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0010| programs;
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0011| N. require any school under its jurisdiction that
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0012| sponsors athletic programs involving sports to mandate that the
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0013| participating student obtain catastrophic health and accident
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0014| insurance coverage, such coverage to be offered through the
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0015| school and issued by an insurance company duly licensed pursuant
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0016| to the laws of New Mexico;
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0017| O. require all accrediting agencies for public
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0018| schools in the state to act with its approval;
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0019| P. accept and receive all grants of money from the
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0020| federal government or any other agency for public school
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0021| purposes and disburse the money in the manner and for the
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0022| purpose specified in the grant;
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0023| Q. require prior approval for any educational
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0024| program in a public school that is to be conducted, sponsored,
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0025| carried on or caused to be carried on by a private organization
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0001| or agency;
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0002| R. approve or disapprove all rules or regulations
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0003| promulgated by any association or organization attempting to
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0004| regulate any public school activity and invalidate any rule or
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0005| regulation in conflict with any regulation promulgated by the
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0006| state board. The state board may require performance and
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0007| financial audits of any association or organization attempting
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0008| to regulate any public school activity. The state board shall
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0009| have no power or control over the rules or regulations or the
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0010| bylaws governing the administration of the internal organization
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0011| of the association or organization;
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0012| S. adopt rules, for any association or organization
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0013| attempting to regulate any public school activity, governing
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0014| membership in the association or organization;
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0015| [S.] T. review decisions made by the governing
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0016| board or officials of any organization or association regulating
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0017| any public school activity, and any decision of the state board
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0018| shall be final in respect thereto;
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0019| [T.] U. accept or reject any charitable gift,
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0020| grant, devise or bequest. The particular gift, grant, devise or
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0021| bequest accepted shall be considered an asset of the state;
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0022| [U.] V. establish and maintain regional centers,
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0023| at its discretion, for conducting cooperative services between
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0024| public schools and school districts within and among those
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0025| regions and to facilitate regulation and evaluation of school
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0001| programs;
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0002| [V.] W. assess and evaluate for accreditation
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0003| purposes at least one-third of all public schools each year
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0004| through visits by department of education personnel to
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0005| investigate the adequacy of pupil gain in standard required
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0006| subject matter, adequacy of pupil activities, functional
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0007| feasibility of public school and school district organization,
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0008| adequacy of staff preparation and other matters bearing upon the
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0009| education of the students;
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0010| [W.] X. provide for management and other
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0011| necessary personnel to operate any public school or school
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0012| district that has failed to meet requirements of law, state
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0013| board standards or state board regulations; provided that the
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0014| operation of the public school or school district shall not
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0015| include any consolidation or reorganization without the approval
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0016| of the local board of that school district. Until such time as
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0017| requirements of law, standards or regulations have been met and
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0018| compliance is assured, the powers and duties of the local school
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0019| board shall be suspended;
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0020| [X.] Y. establish and implement a plan that
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0021| provides for technical assistance to local school boards through
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0022| workshops and other in-service training methods; provided,
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0023| however, that no plan shall require mandatory attendance by any
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0024| member of a local school board;
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0025| [Y.] Z. submit a plan applying for funds
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0001| available under Public Law 94-142 and disburse these funds in
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0002| the manner and for the purposes specified in the plan; and
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0003| [Z.] AA. enforce requirements for home schools.
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0004| Upon finding that a home school is not in compliance with law,
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0005| the state board shall have authority to order that a student
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0006| attend a public school or a private school."
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0007|
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