0001| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 73 AND 193 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO EDUCATION; ALLOWING LOCAL SCHOOL DISTRICTS, STATE | 0013| INSTITUTIONS, PRIVATE SCHOOLS OR ADULT BASIC EDUCATION CENTERS | 0014| THE OPTION OF PURCHASING INSTRUCTIONAL MATERIAL DIRECTLY FROM A | 0015| PUBLISHER; INCREASING DISTRIBUTIONS FROM INSTRUCTIONAL MATERIAL | 0016| ACCOUNTS; AMENDING SECTIONS OF THE PUBLIC SCHOOL CODE. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967, | 0020| Chapter 16, Section 5, as amended) is amended to read: | 0021| "22-2-2. STATE BOARD--DUTIES.--Without limiting those | 0022| powers granted to the state board pursuant to Section 22-2-1 | 0023| NMSA 1978, the state board shall perform the following duties: | 0024| A. properly and uniformly enforce the provisions of | 0025| the Public School Code; | 0001| B. determine policy for the operation of all public | 0002| schools and vocational education programs in the state; | 0003| C. appoint a state superintendent; | 0004| D. adopt regulations to administer the purchase and | 0005| loan of instructional material to students pursuant to the | 0006| Instructional Material Law [and adopt regulations relating to | 0007| the use and operation of instructional material depositories in | 0008| the instructional material distribution process]; | 0009| E. adopt regulations to allow school districts, | 0010| state institutions, private schools and adult basic education | 0011| centers the option of acquiring state adopted instructional | 0012| material directly from a publisher or his authorized agent; | 0013| [E.] F. designate courses of instruction to be | 0014| taught in all public schools in the state; | 0015| [F.] G. assess and evaluate all state institutions | 0016| and those private schools that desire state accreditation; | 0017| [G.] H. determine the qualifications for and issue | 0018| a certificate to any person teaching, assisting teachers, | 0019| supervising an instructional program, counseling, providing | 0020| special instructional services or administering in public | 0021| schools, according to law and according to a system of | 0022| classification adopted and published by the state board; | 0023| [H.] I. suspend or revoke a certificate held by a | 0024| certified school instructor or certified school administrator, | 0025| according to law, for incompetency, immorality or for any other | 0001| good and just cause; | 0002| [I.] J. make full and complete reports on | 0003| consolidation of school districts to the legislature; | 0004| [J.] K. prescribe courses of instruction, requirements | 0005| for graduation and standards for all public schools, for private | 0006| schools seeking state accreditation and for the educational | 0007| programs conducted in state institutions other than New Mexico | 0008| military institute; | 0009| [K.] L. adopt regulations for the administration of | 0010| all public schools and bylaws for its own administration; | 0011| [L.] M. require periodic reports on forms prescribed | 0012| by it from all public schools and attendance reports from private | 0013| schools; | 0014| [M.] N. authorize adult educational programs to be | 0015| conducted in schools under its jurisdiction and promulgate and | 0016| publish regulations governing all such adult educational programs; | 0017| [N.] O. require any school under its jurisdiction that | 0018| sponsors athletic programs involving sports to mandate that the | 0019| participating student obtain catastrophic health and accident | 0020| insurance coverage, such coverage to be offered through the school | 0021| and issued by an insurance company duly licensed pursuant to the | 0022| laws of New Mexico; | 0023| [O.] P. require all accrediting agencies for public | 0024| schools in the state to act with its approval; | 0025| [P.] Q. accept and receive all grants of money from | 0001| the federal government or any other agency for public school | 0002| purposes and disburse the money in the manner and for the purpose | 0003| specified in the grant; | 0004| [Q.] R. require prior approval for any educational | 0005| program in a public school that is to be conducted, sponsored, | 0006| carried on or caused to be carried on by a private organization or | 0007| agency; | 0008| [R.] S. approve or disapprove all rules or regulations | 0009| promulgated by any association or organization attempting to | 0010| regulate any public school activity and invalidate any rule or | 0011| regulation in conflict with any regulation promulgated by the | 0012| state board. The state board may require performance and | 0013| financial audits of any association or organization attempting to | 0014| regulate any public school activity. The state board shall have | 0015| no power or control over the rules or regulations or the bylaws | 0016| governing the administration of the internal organization of the | 0017| association or organization; | 0018| [S.] T. review decisions made by the governing board | 0019| or officials of any organization or association regulating any | 0020| public school activity, and any decision of the state board shall | 0021| be final in respect thereto; | 0022| [T.] U. accept or reject any charitable gift, grant, | 0023| devise or bequest. The particular gift, grant, devise or bequest | 0024| accepted shall be considered an asset of the state; | 0025| [U.] V. establish and maintain regional centers, at | 0001| its discretion, for conducting cooperative services between public | 0002| schools and school districts within and among those regions and to | 0003| facilitate regulation and evaluation of school programs; | 0004| [V.] W. assess and evaluate for accreditation purposes | 0005| at least one-third of all public schools each year through visits | 0006| by department of education personnel to investigate the adequacy | 0007| of pupil gain in standard required subject matter, adequacy of | 0008| pupil activities, functional feasibility of public school and | 0009| school district organization, adequacy of staff preparation and | 0010| other matters bearing upon the education of the students; | 0011| [W.] X. provide for management and other necessary | 0012| personnel to operate any public school or school district that has | 0013| failed to meet requirements of law, state board standards or state | 0014| board regulations; provided that the operation of the public | 0015| school or school district shall not include any consolidation or | 0016| reorganization without the approval of the local school board of | 0017| that school district. Until such time as requirements of law, | 0018| standards or regulations have been met and compliance is assured, | 0019| the powers and duties of the local school board shall be | 0020| suspended; | 0021| [X.] Y. establish and implement a plan that provides | 0022| for technical assistance to local school boards through workshops | 0023| and other in-service training methods; provided, however, that no | 0024| plan shall require mandatory attendance by any member of a local | 0025| school board; | 0001| [Y.] Z. submit a plan applying for funds available | 0002| under Public Law 94-142 and disburse these funds in the manner and | 0003| for the purposes specified in the plan; and | 0004| [Z.] AA. enforce requirements for home schools. Upon | 0005| finding that a home school is not in compliance with law, the | 0006| state board shall have authority to order that a student attend a | 0007| public school or a private school." | 0008| Section 2. Section 22-15-4 NMSA 1978 (being Laws 1967, | 0009| Chapter 16, Section 208, as amended) is amended to read: | 0010| "22-15-4. BUREAU--DUTIES.--Subject to the policies and | 0011| regulations of the state board, the bureau shall: | 0012| A. administer the provisions of the Instructional | 0013| Material Law; | 0014| B. enforce regulations for the handling, safekeeping | 0015| and distribution of instructional material and for inventory and | 0016| accounting procedures to be followed by school districts, state | 0017| institutions, private schools and adult basic education centers | 0018| pursuant to the Instructional Material Law; | 0019| C. withdraw or withhold the privilege of participating | 0020| in the free use of instructional material in case of any violation | 0021| of or noncompliance with the provisions of the Instructional | 0022| Material Law or any regulations adopted pursuant thereto; and | 0023| D. enforce regulations relating to the use and | 0024| operation of instructional material depositories [in the | 0025| instructional material] for local school districts, state | 0001| institutions, private schools or adult basic education centers | 0002| that acquire instructional material through that distribution | 0003| process." | 0004| Section 3. Section 22-15-5 NMSA 1978 (being Laws 1967, | 0005| Chapter 16, Section 209, as amended) is amended to read: | 0006| "22-15-5. INSTRUCTIONAL MATERIAL FUND.-- | 0007| A. The state treasurer shall establish a fund to be | 0008| known as the "instructional material fund". | 0009| B. The instructional material fund shall be used for | 0010| the purpose of paying for the cost of purchasing instructional | 0011| material pursuant to the Instructional Material Law. | 0012| Transportation charges for the delivery of instructional material | 0013| to a school district, a state institution, a private school as | 0014| agent or an adult basic education center [as agent] and emergency | 0015| expenses incurred in providing instructional material to students | 0016| may be included as a cost of purchasing instructional material. | 0017| Charges for rebinding of used instructional materials that appear | 0018| on the multiple list pursuant to Section 22-15-8 NMSA 1978 may | 0019| also be included as a cost of purchasing instructional material." | 0020| Section 4. Section 22-15-7 NMSA 1978 (being Laws 1967, | 0021| Chapter 16, Section 211, as amended) is amended to read: | 0022| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.-- | 0023| A. Any qualified student or person eligible to become | 0024| a qualified student attending a public school, a state institution | 0025| or a private school [approved] accredited by the state board in | 0001| any grade from first through the twelfth grade of instruction is | 0002| entitled to the free use of instructional material. Any student | 0003| enrolled in an early childhood education program as defined by | 0004| Section 22-13-3 NMSA 1978 or person eligible to become an early | 0005| childhood education student as defined by that section attending a | 0006| private early childhood education program approved by the state | 0007| board is entitled to the free use of instructional material. Any | 0008| student in an adult basic education program approved by the state | 0009| board is entitled to the free use of instructional material. | 0010| B. Instructional material shall be distributed to | 0011| school districts, state institutions, private schools as agent and | 0012| adult basic education centers [as agents] for the benefit of | 0013| students entitled to the free use of the instructional material. | 0014| C. Any school district, state institution, private | 0015| school as agent or adult basic education center [as agent] | 0016| receiving instructional material pursuant to the Instructional | 0017| Material Law is responsible for distribution of the instructional | 0018| material for use [of] by eligible students and for the safekeeping | 0019| of the instructional material." | 0020| Section 5. Section 22-15-8 NMSA 1978 (being Laws 1967, | 0021| Chapter 16, Section 212, as amended) is amended to read: | 0022| "22-15-8. MULTIPLE LIST--SELECTION.-- | 0023| A. The state board shall adopt a multiple list to be | 0024| made available to students pursuant to the Instructional Material | 0025| Law. The state board shall ensure that parents and other | 0001| community members are involved in the adoption process at the | 0002| state level. | 0003| B. Pursuant to the provisions of the Instructional | 0004| Material Law, each school district, state institution, private | 0005| school as agent or adult basic education center [as agent] may | 0006| select instructional material for the use of its students from the | 0007| multiple list adopted by the state board. Local school boards | 0008| shall give written notice to parents and other community members | 0009| and shall invite parental involvement in the adoption process at | 0010| the district level. Local school boards shall also give public | 0011| notice, which notice may include publication in a newspaper of | 0012| general circulation in the school district." | 0013| Section 6. Section 22-15-10 NMSA 1978 (being Laws 1967, | 0014| Chapter 16, Section 214, as amended) is amended to read: | 0015| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL | 0016| MATERIAL.-- | 0017| A. With the approval of the chief, instructional | 0018| material [distributed to] acquired by a school district, state | 0019| institution, private school or adult basic education center | 0020| pursuant to the Instructional Material Law may be sold at a price | 0021| determined by officials of the school district, state institution, | 0022| private school or adult basic education center. The selling price | 0023| shall not exceed the cost of the instructional material to the | 0024| state. | 0025| B. A school district, state institution, private | 0001| school as agent or adult basic education center [as agent] may | 0002| hold the parent, guardian or student responsible for the loss, | 0003| damage or destruction of instructional material while the | 0004| instructional material [was] is in the possession of the student. | 0005| A school district may withhold the grades, diploma and transcripts | 0006| of the student responsible for damage or loss of instructional | 0007| material until the parent, guardian or student has paid for the | 0008| damage or loss. When a parent, guardian or student is unable to | 0009| pay for damage or loss, the school district shall work with the | 0010| parent, guardian or student to develop an alternative program in | 0011| lieu of payment. Where a parent or guardian is determined to be | 0012| indigent according to guidelines established by the state board | 0013| [of education], the local school district shall bear the cost. | 0014| C. All money collected by a school district, state | 0015| institution, private school as agent or adult basic education | 0016| center [as agent] for the sale, loss, damage or destruction of | 0017| instructional material received pursuant to the Instructional | 0018| Material Law shall be [transmitted] sent to the department of | 0019| education. The department of education shall credit the | 0020| instructional material account of the school district, state | 0021| institution, private school or adult basic education center and | 0022| deposit the money received with the state treasurer for credit to | 0023| the instructional material fund. The department of education | 0024| shall account for and distribute materials pursuant to procedures | 0025| established by the department of education. | 0001| D. Upon order of the chief, a school district, state | 0002| institution, private school or adult basic education center shall | 0003| transfer as ordered to the department of education or its designee | 0004| instructional material [purchased from the instructional material | 0005| fund which] acquired directly from a publisher or his authorized | 0006| agent that is in usable condition and for [that] which there is no | 0007| use expected by the respective schools." | 0008| Section 7. Section 22-15-9 NMSA 1978 (being Laws 1967, | 0009| Chapter 16, Section 213, as amended) is amended to read: | 0010| "22-15-9. INSTRUCTIONAL MATERIAL ACCOUNTS--CREDIT | 0011| ALLOCATIONS.-- | 0012| A. The department of education shall establish a | 0013| separate instructional material account for each school district, | 0014| state institution, private school or adult basic education center | 0015| in the state having students in attendance entitled to the free | 0016| use of instructional material pursuant to the Instructional | 0017| Material Law. | 0018| B. On or before July 1 of each year, the department of | 0019| education shall allocate credit to the instructional material | 0020| account of each school district, state institution or private | 0021| school not less than ninety percent of its estimated entitlement | 0022| as determined from the estimated forty-day membership for the next | 0023| school year. A school district's, state institution's or private | 0024| school's entitlement is that portion of the total amount of the | 0025| annual appropriation less a deduction for a reasonable reserve for | 0001| transportation charges and emergency expenses that its forty-day | 0002| membership bears to the forty-day membership of the entire state. | 0003| The allocation for adult basic education shall be based on a | 0004| full-time-equivalency obtained by multiplying the total previous | 0005| year's enrollment by .25. For the purpose of this allocation, | 0006| additional pupils shall be counted as four pupils. | 0007| On or before January 15 of each year, the department of | 0008| education shall recompute each entitlement using the forty-day | 0009| membership for that year, except for adult basic education, and | 0010| shall allocate the balance of the annual appropriation | 0011| compensating for any over- or under-estimation of credit made in | 0012| the first allocation. In the event the funds remaining for this | 0013| allocation are insufficient to compensate for an over- or | 0014| under-estimation of credit made in the first allocation, the final | 0015| recomputed over- or under-allocation of credit shall be carried | 0016| forward by the department of education to be credited or debited | 0017| to the allocation for the ensuing school year. | 0018| C. An amount not to exceed [thirty] forty percent of | 0019| total credit allocations attributed to each individual | 0020| instructional material account [shall], at the request of the | 0021| local school district or the appropriate governing body and | 0022| institution, shall be distributed directly to each public school | 0023| district or state institution [or adult basic education center] | 0024| for instructional materials not included on the multiple list | 0025| provided for in Section 22-15-8 NMSA 1978. Adult basic education | 0001| centers may expend up to one hundred percent of their | 0002| instructional material funds for items that are not on the | 0003| multiple list. | 0004| D. Any balance remaining in an instructional material | 0005| account of a school district, state institution, private school or | 0006| adult basic education center at the end of the fiscal year shall | 0007| remain available for expenditure in subsequent years." | 0008| Section 8. Section 22-15-11 NMSA 1978 (being Laws 1967, | 0009| Chapter 16, Section 215, as amended) is amended to read: | 0010| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL.--[A. The | 0011| division shall keep accurate records of the cost of all | 0012| instructional material distributed pursuant to the Instructional | 0013| Material Law. | 0014| B.] Each school district, state institution, private | 0015| school or adult basic education center shall keep accurate records | 0016| of all instructional material distributed to it, including the | 0017| cost of the material, pursuant to the Instructional Material Law | 0018| on forms and by procedures prescribed by the division." | 0019| Section 9. Section 22-15-12 NMSA 1978 (being Laws 1967, | 0020| Chapter 16, Section 216, as amended) is amended to read: | 0021| "22-15-12. ANNUAL REPORT.--Annually, at a time specified by | 0022| the department of education, each local school board of a school | 0023| district and each governing authority of a state institution, | 0024| private school or adult basic education center [receiving] that | 0025| acquires instructional material pursuant to the Instructional | 0001| Material Law shall file a report with the department of | 0002| education." | 0003| Section 10. Section 22-15-13 NMSA 1978 (being Laws 1967, | 0004| Chapter 16, Section 217, as amended by Laws 1993, Chapter 156, | 0005| Section 6 and by Laws 1993, Chapter 226, Section 44) is amended to | 0006| read: | 0007| "22-15-13. CONTRACTS WITH PUBLISHERS.-- | 0008| A. The state board may enter into a contract with a | 0009| publisher or [a publisher's] his authorized agent for the purchase | 0010| and delivery of instructional material selected from the multiple | 0011| list adopted by the state board. | 0012| B. [Payment for] Instructional material purchased [by] | 0013| pursuant to a contract between the state board and a publisher or | 0014| his authorized agent on behalf of a school district, state | 0015| institution, private school or adult basic education center shall | 0016| be [made] paid for only upon performance of the contract and the | 0017| delivery and receipt of the instructional material. | 0018| C. Each publisher or [publisher's] his authorized | 0019| agent contracting with the state for the sale of instructional | 0020| material shall agree: | 0021| (1) to file a copy of each item of instructional | 0022| material to be furnished under the contract with the state board | 0023| with a certificate attached identifying it as an exact copy of the | 0024| item of instructional material to be furnished under the contract; | 0025| (2) that the instructional material furnished | 0001| pursuant to the contract shall be of the same quality in regard to | 0002| paper, binding, printing, illustrations, subject matter and | 0003| authorship as the copy filed with the state board; and | 0004| (3) that if instructional material under the | 0005| contract is sold elsewhere in the United States for a price less | 0006| than that agreed upon in the contract with the state, the price to | 0007| the state shall be reduced to the same amount." | 0008|  |