0001| HOUSE BILL 641 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MICHAEL S. SANCHEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; MAKING ASSOCIATIONS AND ORGANIZATIONS | 0012| INVOLVED IN PUBLIC SCHOOL ACTIVITIES SUBJECT TO THE OPEN | 0013| MEETINGS ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967, | 0017| Chapter 16, Section 5, as amended) is amended to read: | 0018| "22-2-2. STATE BOARD--DUTIES.--Without limiting those | 0019| powers granted to the state board pursuant to Section 22-2-1 | 0020| NMSA 1978, the state board shall perform the following duties: | 0021| A. properly and uniformly enforce the provisions of | 0022| the Public School Code; | 0023| B. determine policy for the operation of all public | 0024| schools and vocational education programs in the state; | 0025| C. appoint a state superintendent; | 0001| D. purchase and loan instructional material to | 0002| students pursuant to the Instructional Material Law and adopt | 0003| regulations relating to the use and operation of instructional | 0004| material depositories in the instructional material | 0005| distribution process; | 0006| E. designate courses of instruction to be taught in | 0007| all public schools in the state; | 0008| F. assess and evaluate all state institutions and | 0009| those private schools that desire state accreditation; | 0010| G. determine the qualifications for and issue a | 0011| certificate to any person teaching, assisting teachers, | 0012| supervising an instructional program, counseling, providing | 0013| special instructional services or administering in public | 0014| schools, according to law and according to a system of | 0015| classification adopted and published by the state board; | 0016| H. suspend or revoke a certificate held by a | 0017| certified school instructor or certified school administrator, | 0018| according to law, for incompetency, immorality or for any other | 0019| good and just cause; | 0020| I. make full and complete reports on consolidation | 0021| of school districts to the legislature; | 0022| J. prescribe courses of instruction, requirements | 0023| for graduation and standards for all public schools, for | 0024| private schools seeking state accreditation and for the | 0025| educational programs conducted in state institutions other than | 0001| New Mexico military institute; | 0002| K. adopt regulations for the administration of all | 0003| public schools and bylaws for its own administration; | 0004| L. require periodic reports on forms prescribed by | 0005| it from all public schools and attendance reports from private | 0006| schools; | 0007| M. authorize adult educational programs to be | 0008| conducted in schools under its jurisdiction and adopt and | 0009| promulgate [and publish] regulations governing all such adult | 0010| educational programs; | 0011| N. require any school under its jurisdiction that | 0012| sponsors athletic programs involving sports to mandate that the | 0013| participating student obtain catastrophic health and accident | 0014| insurance coverage, such coverage to be offered through the | 0015| school and issued by an insurance company duly licensed | 0016| pursuant to the laws of New Mexico; | 0017| O. require all accrediting agencies for public | 0018| schools in the state to act with its approval; | 0019| P. accept and receive all grants of money from the | 0020| federal government or any other agency for public school | 0021| purposes and disburse the money in the manner and for the | 0022| purpose specified in the grant; | 0023| Q. require prior approval for any educational | 0024| program in a public school that is to be conducted, sponsored, | 0025| carried on or caused to be carried on by a private organization | 0001| or agency; | 0002| R. approve or disapprove all rules or regulations | 0003| promulgated by any association or organization attempting to | 0004| regulate any public school activity and invalidate any rule or | 0005| regulation in conflict with any regulation promulgated by the | 0006| state board. The state board shall require any association or | 0007| organization attempting to regulate any public school activity | 0008| to comply with the provisions of the Open Meetings Act. The | 0009| state board may require performance and financial audits of any | 0010| association or organization attempting to regulate any public | 0011| school activity. The state board shall have no power or | 0012| control over the rules or regulations or the bylaws governing | 0013| the administration of the internal organization of the | 0014| association or organization; | 0015| S. review decisions made by the governing board or | 0016| officials of any organization or association regulating any | 0017| public school activity, and any decision of the state board | 0018| shall be final in respect thereto; | 0019| T. accept or reject any charitable gift, grant, | 0020| devise or bequest. The particular gift, grant, devise or | 0021| bequest accepted shall be considered an asset of the state; | 0022| U. establish and maintain regional centers, at its | 0023| discretion, for conducting cooperative services between public | 0024| schools and school districts within and among those regions and | 0025| to facilitate regulation and evaluation of school programs; | 0001| V. assess and evaluate for accreditation purposes | 0002| at least one-third of all public schools each year through | 0003| visits by department of education personnel to investigate the | 0004| adequacy of pupil gain in standard required subject matter, | 0005| adequacy of pupil activities, functional feasibility of public | 0006| school and school district organization, adequacy of staff | 0007| preparation and other matters bearing upon the education of the | 0008| students; | 0009| W. provide for management and other necessary | 0010| personnel to operate any public school or school district that | 0011| has failed to meet requirements of law, state board standards | 0012| or state board regulations; provided that the operation of the | 0013| public school or school district shall not include any | 0014| consolidation or reorganization without the approval of the | 0015| 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 | 0018| school board shall be suspended; | 0019| X. establish and implement a plan that provides for | 0020| technical assistance to local school boards through workshops | 0021| and other in-service training methods; provided, however, that | 0022| no plan shall require mandatory attendance by any member of a | 0023| local school board; | 0024| Y. submit a plan applying for funds available under | 0025| Public Law 94-142 and disburse these funds in the manner and | 0001| for the purposes specified in the plan; and | 0002| Z. enforce requirements for home schools. Upon | 0003| finding that a home school is not in compliance with law, the | 0004| state board shall have authority to order that a student attend | 0005| a public school or a private school." | 0006| - 6 - | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| State of New Mexico | 0020| House of Representatives | 0021| | 0022| FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION, 1997 | 0024| | 0025| | 0001| February 24, 1997 | 0002| | 0003| | 0004| Mr. Speaker: | 0005| | 0006| Your EDUCATION COMMITTEE, to whom has been referred | 0007| | 0008| HOUSE BILL 641 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS, amended as follows: | 0012| | 0013| 1. On page 4, line 8, before the period insert "and be | 0014| subject to the inspection of the Public Records Act"., | 0015| | 0016| and thence referred to the APPROPRIATIONS AND FINANCE | 0017| COMMITTEE. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| Samuel F. Vigil, Chairman | 0001| | 0002| | 0003| Adopted Not Adopted | 0004| | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| Date | 0008| | 0009| The roll call vote was 11 For 0 Against | 0010| Yes: 11 | 0011| Excused: Nicely, S.M. Williams | 0012| Absent: None | 0013| | 0014| | 0015| | 0016| C:\OFFICE\WPWIN\WPDOCS\H0641EC1.WPD | 0017| | 0018| FORTY-THIRD LEGISLATURE | 0019| FIRST SESSION, 1997 | 0020| | 0021| | 0022| March 11, 1997 | 0023| | 0024| Mr. President: | 0025| | 0001| Your EDUCATION COMMITTEE, to whom has been referred | 0002| | 0003| HOUSE BILL 641, as amended | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| __________________________________ | 0014| Cynthia Nava, Chairman | 0015| | 0016| | 0017| | 0018| Adopted_______________________ Not | 0019| Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| | 0024| Date ________________________ | 0025| | 0001| | 0002| The roll call vote was 6 For Against | 0003| Yes: 6 | 0004| No: 0 | 0005| Excused: Duran, Garcia, Gorham, Pinto | 0006| Absent: None | 0007| | 0008| | 0009| H0641ED1 |