0001| SENATE BILL 1147
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MANNY M. ARAGON
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOLS; AMENDING A SECTION OF THE NMSA 1978
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0012| TO ALLOW A LOCAL SCHOOL BOARD TO ASSUME SUPERVISION AND CONTROL
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0013| OF A PRIVATE SCHOOL OR A FEDERALLY ESTABLISHED SCHOOL;
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0014| DECLARING AN EMERGENCY.
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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 22-5-4 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 28, as amended) is amended to read:
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0019| "22-5-4. LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local
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0020| school board shall have the following powers or duties:
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0021| A. subject to the regulations of the state board,
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0022| supervise and control all public schools within the school
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0023| district and all property belonging to or in the possession of
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0024| the school district;
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0025| B. employ a superintendent of schools for the
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0001| school district and fix his salary;
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0002| C. delegate administrative and supervisory
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0003| functions of the local school board to the superintendent of
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0004| schools;
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0005| D. subject to the provisions of law, approve or
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0006| disapprove the employment, termination or discharge of all
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0007| employees and certified school personnel of the school district
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0008| upon a recommendation of employment, termination or discharge
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0009| by the superintendent of schools; provided that any employment
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0010| relationship shall continue until final decision of the board.
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0011| Any employment, termination or discharge without the prior
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0012| recommendation of the superintendent is void;
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0013| E. apply to the state board for a waiver of certain
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0014| provisions of the Public School Code relating to length of
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0015| school day, staffing patterns, subject area or the purchase of
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0016| instructional materials for the purpose of implementing a
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0017| collaborative school improvement program for an individual
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0018| school;
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0019| F. fix the salaries of all employees and certified
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0020| school personnel of the school district;
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0021| G. contract, lease, purchase and sell for the
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0022| school district;
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0023| H. acquire and dispose of property;
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0024| I. have the capacity to sue and be sued;
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0025| J. acquire property by eminent domain [as]
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0001| pursuant to the procedures provided in the Eminent Domain Code;
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0002| K. issue general obligation bonds of the school
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0003| district;
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0004| L. repair and maintain all property belonging to
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0005| the school district;
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0006| M. for good cause and upon order of the district
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0007| court, subpoena witnesses and documents in connection with a
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0008| hearing concerning any powers or duties of the local school
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0009| boards;
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0010| N. except for expenditures for salaries, contract
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0011| for the expenditure of money according to the provisions of the
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0012| Procurement Code;
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0013| O. adopt regulations pertaining to the
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0014| administration of all powers or duties of the local school
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0015| board;
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0016| P. subject to the approval of the state board and
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0017| the governing authority of a private school or federally
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0018| established school, assume supervision and control of a private
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0019| school or federally established school operating in the school
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0020| district. Students attending a school supervised and
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0021| controlled by the local school board shall be qualified
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0022| students for purposes of the Public School Finance Act;
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0023| [P.] Q. accept or reject any charitable gift,
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0024| grant, devise or bequest. The particular gift, grant, devise
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0025| or bequest accepted shall be considered an asset of the school
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0001| district or the public school to which it is given; and
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0002| [Q.] R. offer and, upon compliance with the
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0003| conditions of such offer, pay rewards for information leading
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0004| to the arrest and conviction or other appropriate disciplinary
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0005| disposition by the courts or juvenile authorities of offenders
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0006| in case of theft, defacement or destruction of school district
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0007| property. All such rewards shall be paid from school district
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0008| funds in accordance with regulations that shall be promulgated
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0009| by the department of education."
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0010| Section 2. EMERGENCY.--It is necessary for the public
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0011| peace, health and safety that this act take effect immediately.
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0001|
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 7, 1997
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0008|
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0009| Mr. President:
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0010|
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0011| Your EDUCATION COMMITTEE, to whom has been referred
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0012|
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0013| SENATE BILL 1147
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO NOT PASS, but that
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0017|
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0018| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0019| SENATE BILL 1147
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0020|
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0021| DO PASS, and thence referred to the FINANCE COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002| __________________________________
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0003| Cynthia Nava, Chairman
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0004|
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0005|
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0006| Adopted_______________________ Not Adopted_______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012| The roll call vote was 5 For 3 Against
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0013| Yes: 5
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0014| No: Boitano, Gorham, Rawson
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0015| Excused: Pinto, Maloof
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0016| Absent: None
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0017|
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0018| S1147ED1 SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0019| SENATE BILL 1147
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0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0021|
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| AN ACT
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0004| RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO
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0005| PROVIDE FOR LANDMARK SCHOOLS.
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0006|
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008| Section 1. Section 22-1-1 NMSA 1978 (being Laws 1967,
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0009| Chapter 16, Section 1, as amended) is amended to read:
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0010| "22-1-1. PUBLIC SCHOOL CODE.--Chapter [77 NMSA 1953] 22
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0011| NMSA 1978 may be cited as the "Public School Code"."
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0012| Section 2. Section 22-1-2 NMSA 1978 (being Laws 1967,
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0013| Chapter 16, Section 2, as amended) is amended to read:
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0014| "22-1-2. DEFINITIONS.--As used in the Public School Code:
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0015| A. "state board" means the state board of education;
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0016| B. "state superintendent" means the superintendent of
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0017| public instruction;
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0018| C. "department of education" means the state
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0019| department of public education;
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0020| D. "certified school instructor" means any person
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0021| holding a valid certificate authorizing the person to teach,
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0022| supervise an instructional program, counsel or provide special
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0023| instructional services in the public schools of the state;
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0024| E. "certified school administrator" means any person
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0025| holding a valid certificate authorizing the person to
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0001| administer in the public schools of the state;
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0002| F. "certified school employee" or "certified school
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0003| personnel" means any employee who is either a certified school
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0004| instructor or a certified school administrator or both;
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0005| G. "non-certified school employee" means any employee
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0006| who is not a certified school employee;
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0007| H. "certificate" means a certificate issued by the
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0008| state board authorizing a person to teach, supervise an
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0009| instructional program, counsel, provide special instructional
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0010| services or administer in the public schools of the state;
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0011| I. "chief" or "director" means the state
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0012| superintendent or his designee unless the context clearly
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0013| indicates otherwise;
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0014| J. "private school" means a school offering on-site
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0015| programs of instruction not under the control, supervision or
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0016| management of a local school board, exclusive of home
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0017| instruction offered by the parent, guardian or one having
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0018| custody of the student;
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0019| K. "school district" means an area of land established
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0020| as a political subdivision of the state for the administration of
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0021| public schools and segregated geographically for taxation and
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0022| bonding purposes;
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0023| L. "local school board" means the governing body of a
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0024| school district;
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0025| M. "public school" means that part of a school district
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0001| that is a single attendance center where instruction is offered by
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0002| a certified school instructor or a group of certified school
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0003| instructors and is discernible as a building or group of buildings
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0004| generally recognized as either an elementary, secondary, junior
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0005| high or high school or any combination thereof;
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0006| N. "school year" means the total number of teaching days
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0007| offered by public schools in a school district during a period of
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0008| twelve consecutive months;
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0009| O. "consolidation" means the combination of part or all
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0010| of the geographical area of an existing school district with part
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0011| or all of the geographical area of one or more contiguous existing
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0012| school districts;
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0013| P. "consolidated school district" means a school
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0014| district created by order of the state board by combining part or
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0015| all of the geographical area of an existing school district with
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0016| part or all of the geographical area of one or more contiguous
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0017| existing school districts;
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0018| Q. "state institution" means the New Mexico military
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0019| institute, the New Mexico school for the visually handicapped, the
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0020| New Mexico school for the deaf, the New Mexico boys' school, the
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0021| New Mexico youth diagnostic and development center, the Los Lunas
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0022| medical center, the Fort Stanton hospital, the Las Vegas medical
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0023| center or the Carrie Tingley crippled children's hospital;
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0024| R. "state educational institution" means an institution
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0025| enumerated in Article 12, Section 11 of the constitution of New
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0001| Mexico;
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0002| S. "forty-day report" means the report of qualified
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0003| student membership of each school district and of those eligible
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0004| to be qualified students but enrolled in a private school or a
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0005| home school for the first forty days of school;
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0006| T. "school" means any supervised program of instruction
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0007| designed to educate a person in a particular place, manner and
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0008| subject area;
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0009| U. "school-age person" means any person who is at least
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0010| five years of age prior to 12:01 a.m. on September 1 of the school
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0011| year and who has not received a high school diploma or its
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0012| equivalent. A maximum age of twenty-one shall be used for persons
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0013| who are classified as special education membership as defined in
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0014| Section 22-8-2 NMSA 1978 or as residents of state institutions;
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0015| V. "home school" means the operation by a parent,
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0016| guardian or other person having custody of a school-age person who
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0017| instructs a home study program that provides a basic academic
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0018| educational program, including but not limited to reading,
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0019| language arts, mathematics, social studies and science; [and]
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0020| W. "school building" means a public school, an
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0021| administration building and related school structure or
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0022| facilities, including teacher housing, as may be owned, acquired
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0023| or constructed by the local school board and as necessary to carry
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0024| out the powers and duties of the local school board; and
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0025| X. "landmark school" means a nondenominational and
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0001| nonsectarian school that is authorized, owned and operated by a
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0002| governmental entity wholly located within the state but that is
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0003| not a political subdivision of the state, if the governmental
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0004| entity has been recognized by the state for any other purpose;
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0005| provided that a landmark school shall have been in operation since
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0006| a time prior to the time in which the state was admitted to the
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0007| union; and provided further that the school serves students from
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0008| widely separated, multiple school districts."
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0009| Section 3. A new section of the Public School Code is
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0010| enacted to read:
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0011| "[NEW MATERIAL] LANDMARK SCHOOLS.--
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0012| A. A school that meets the definition of a landmark
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0013| school may apply to the state board to be designated as a landmark
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0014| school.
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0015| B. A landmark school shall provide at a minimum the
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0016| following enrichment programs:
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0017| (1) a leadership development program that will
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0018| train future leaders and assure quality interaction between
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0019| governments in addressing and resolving issues of mutual concern;
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0020| (2) a community-based curriculum program that
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0021| defines issues essential to quality of life and incorporates those
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0022| issues into the school's science, mathematics and technology
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0023| curricula through field-based learning experiences and technology
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0024| applications;
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0025| (3) a native arts program that teaches both
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0001| traditional and contemporary art and provides for the development
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0002| of talented artists who will continue to make important
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0003| contributions to the art-based culture of New Mexico; and
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0004| (4) a language instructional program that
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0005| incorporates native language as an instructional tool used in the
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0006| classroom and in the student's communities in recognition of the
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0007| fact that native language is essential in community, cultural and
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0008| other traditions.
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0009| C. A landmark school shall agree to serve as a site-
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0010| based research laboratory on issues facing schools and students,
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0011| including efforts to contain and lower dropout rates, and to
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0012| target at-risk student populations for enrichment and other
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0013| programs that will enable them to graduate from high school.
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0014| D. A landmark school shall file accountability and
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0015| school violence and vandalism reports with the department of
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0016| education as required by Sections 22-1-6 and 22-1-7 NMSA 1978."
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0017|
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 15, 1997
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0024|
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0025| Mr. President:
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0001|
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0002| Your FINANCE COMMITTEE, to whom has been referred
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0003|
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0004| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0005| SENATE BILL 1147
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0006|
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0007| has had it under consideration and reports same with recommendation
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0008| that it DO PASS.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014| __________________________________
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0015| Ben D. Altamirano, Chairman
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0016|
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0017|
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0018|
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0019| Adopted_______________________ Not Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023|
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0024| Date ________________________
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0025|
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0001|
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0002| The roll call vote was 5 For 2 Against
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0003| Yes: 5
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0004| No: Carraro, Lyons
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0005| Excused: Aragon, Eisenstadt, Ingle, McKibben
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0006| Absent: None
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0007|
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0008|
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0009| S1147FC1
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0010| State of New Mexico
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0011| House of Representatives
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION, 1997
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0015|
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0016|
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0017| March 21, 1997
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0018|
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0019|
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0020| Mr. Speaker:
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0021|
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0022| Your EDUCATION COMMITTEE, to whom has been referred
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0023|
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0024| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0025| SENATE BILL 1147
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0001|
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0002| has had it under consideration and reports same with
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0003| recommendation that it DO PASS.
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0004|
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0005| Respectfully submitted,
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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| Samuel F. Vigil, Chairman
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0011|
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0012|
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0013| Adopted Not Adopted
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 8 For 0 Against
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0019| Yes: 8
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0020| Excused: Mallory, McSherry, Nicely, Trujillo, W.C. Williams
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0021| Absent: None
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\S1147C:\OFFICE\WPWIN\WPDOCS\S1147EC1.WPD
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