0001| HOUSE BILL 324
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| TERRY T. MARQUARDT
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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; PROVIDING FOR A SECRETARY OF
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0012| EDUCATION; SPECIFYING POWERS AND DUTIES; ABOLISHING THE STATE
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0013| BOARD OF EDUCATION; AMENDING, REPEALING AND ENACTING SECTIONS
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0014| OF THE NMSA 1978.
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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. [NEW MATERIAL] SECRETARY OF EDUCATION--
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0018| APPOINTMENT.--
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0019| A. The chief executive and administrative officer
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0020| of the state department of public education is the "secretary
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0021| of education". The secretary shall be appointed by the
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0022| governor with the advice and consent of the senate. The
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0023| secretary shall hold office at the pleasure of the governor
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0024| and shall serve in the executive cabinet.
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0025| B. A person appointed as secretary shall serve and
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0001| have all the duties, responsibilities and authority of that
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0002| office during the period of time prior to the final action by
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0003| the senate confirming or rejecting his appointment.
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0004| Section 2. [NEW MATERIAL] SECRETARY OF EDUCATION--
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0005| GENERAL POWERS AND DUTIES.--
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0006| A. The secretary of education is responsible to
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0007| the governor for the operation of the state department of
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0008| public education and to administer and enforce the laws with
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0009| which the department is charged.
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0010| B. The secretary shall exercise general
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0011| supervisory and appointive power over the state department of
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0012| public education employees, subject to applicable personnel
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0013| and other laws and rules.
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0014| Section 3. [NEW MATERIAL] STATE BOARD ABOLISHED.--On
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0015| the effective date of this act, the state board of education
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0016| is abolished.
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0017| Section 4. A new section of the Public School Code is
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0018| enacted to read:
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0019| "[NEW MATERIAL] CREATION OF ADVISORY STATE BOARD OF
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0020| EDUCATION--COMPOSITION.--
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0021| A. The "advisory state board of education" is
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0022| created.
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0023| B. The advisory state board of education shall be
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0024| composed of fifteen members. The members shall be
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0025| representatives of the different geographical areas of the
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0001| state and reflective of the diverse population of the state.
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0002| C. The president pro tempore of the senate shall
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0003| appoint three members from the senate and the speaker of the
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0004| house shall appoint three members from the house of
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0005| representatives for terms of two years or less to coincide
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0006| with their terms of office.
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0007| D. Eleven members shall be appointed as follows:
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0008| (1) the secretary of education shall appoint
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0009| three members for two-year terms and one member for a four-
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0010| year term; and
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0011| (2) the governor shall appoint three members
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0012| for two-year terms and two members for four-year terms.
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0013| E. After the initial appointments, members who are
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0014| not legislators shall be appointed for four-year terms, and
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0015| members who are legislators shall be appointed for terms of
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0016| two years or less to coincide with their terms of office.
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0017| F. Each member of the advisory state board of
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0018| education shall be entitled to receive per diem and mileage as
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0019| provided in the Per Diem and Mileage Act and shall receive no
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0020| other compensation, perquisite or allowance.
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0021| G. Per diem and mileage shall be paid to members
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0022| of the advisory state board of education by the department out
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0023| of funds appropriated and budgeted for that purpose."
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0024| Section 5. A new section of the Public School Code is
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0025| enacted to read:
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0001| "[NEW MATERIAL] DUTIES.--The advisory state board of
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0002| education shall make biannual recommendations to the secretary
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0003| and the legislature on the issues and needs of public schools
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0004| throughout the state."
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0005| Section 6. Section 22-1-2 NMSA 1978 (being Laws 1967,
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0006| Chapter 16, Section 2, as amended) is amended to read:
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0007| "22-1-2. DEFINITIONS.--As used in the Public School
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0008| Code:
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0009| A. "state board" means the [state board of
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education] department;
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0011| B. "state superintendent" means the
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0012| [superintendent of public instruction] secretary;
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0013| C. "department [of education]" means the state
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0014| department of public education or department of education;
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0015| D. "certified school instructor" means any person
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0016| holding a valid certificate authorizing the person to teach,
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0017| supervise an instructional program, counsel or provide special
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0018| instructional services in the public schools of the state;
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0019| E. "certified school administrator" means any
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0020| person holding a valid certificate authorizing the person to
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0021| administer in the public schools of the state;
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0022| F. "certified school employee" or "certified
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0023| school personnel" means any employee who is either a certified
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0024| school instructor or a certified school administrator or both;
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0025| G. "non-certified school employee" means any
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0001| employee who is not a certified school employee;
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0002| H. "certificate" means a certificate issued by the
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0003| [state board] department of education authorizing a person
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0004| to teach, supervise an instructional program, counsel, provide
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0005| special instructional services or administer in the public
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0006| schools of the state;
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0007| I. "chief" or "director" means the [state
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superintendent] secretary or his designee unless the
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0009| context clearly indicates otherwise;
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0010| J. "private school" means a school offering on-
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0011| site programs of instruction not under the control,
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0012| supervision or management of a local school board, exclusive
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0013| of home instruction offered by the parent, guardian or one
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0014| having custody of the student;
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0015| K. "school district" means an area of land
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0016| established as a political subdivision of the state for the
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0017| administration of public schools and segregated geographically
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0018| for taxation and bonding purposes;
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0019| L. "local school board" means the governing body
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0020| of a school district;
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0021| M. "public school" means that part of a school
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0022| district that is a single attendance center where instruction
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0023| is offered by a certified school instructor or a group of
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0024| certified school instructors and is discernible as a building
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0025| or group of buildings generally recognized as either an
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0001| elementary, secondary, junior high or high school or any
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0002| combination thereof;
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0003| N. "school year" means the total number of
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0004| teaching days offered by public schools in a school district
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0005| during a period of twelve consecutive months;
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0006| O. "consolidation" means the combination of part
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0007| or all of the geographical area of an existing school district
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0008| with part or all of the geographical area of one or more
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0009| contiguous existing school districts;
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0010| P. "consolidated school district" means a school
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0011| district created by order of the [state board] department
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0012| by combining part or all of the geographical area of an
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0013| existing school district with part or all of the geographical
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0014| area of one or more contiguous existing school districts;
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0015| Q. "state institution" means the New Mexico
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0016| military institute, the New Mexico school for the visually
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0017| handicapped, the New Mexico school for the deaf, the New
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0018| Mexico boys' school, the New Mexico youth diagnostic and
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0019| development center, the Los Lunas medical center, the Fort
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0020| Stanton hospital, the Las Vegas medical center or the Carrie
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0021| Tingley crippled children's hospital;
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0022| R. "state educational institution" means an
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0023| institution enumerated in Article 12, Section 11 of the
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0024| constitution of New Mexico;
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0025| S. "forty-day report" means the report of
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0001| qualified student membership of each school district and of
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0002| those eligible to be qualified students but enrolled in a
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0003| private school or a home school for the first forty days of
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0004| school;
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0005| T. "school" means any supervised program of
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0006| instruction designed to educate a person in a particular
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0007| place, manner and subject area;
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0008| U. "school-age person" means any person who is at
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0009| least five years of age prior to 12:01 a.m. on September 1 of
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0010| the school year and who has not received a high school diploma
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0011| or its equivalent. A maximum age of twenty-one shall be used
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0012| for persons who are classified as special education membership
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0013| as defined in Section 22-8-2 NMSA 1978 or as residents of
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0014| 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
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0017| who instructs a home study program that provides a basic
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0018| academic educational program, including [but not limited to]
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0019| reading, language arts, mathematics, social studies and
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0020| science;
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0021| W. "school building" means a public school, an
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0022| administration building and related school structure or
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0023| facilities, including teacher housing, as may be owned,
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0024| acquired or constructed by the local school board and as
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0025| necessary to carry out the powers and duties of the local
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0001| school board;
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0002| X. "commercial advertiser" means a person who
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0003| advertises a product or service for profit or not for profit
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0004| and has a permitted advertisement; [and]
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0005| Y. "school bus private owner" means a person who
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0006| owns a school bus, other than a [local] school district, the
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0007| department of education, the state or any other political
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0008| subdivision of the state; and
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0009| Z. "secretary" means the secretary of
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0010| education."
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0011| Section 7. Section 22-2-1 NMSA 1978 (being Laws 1990
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0012| (1st S.S.), Chapter 9, Section 10, as amended) is amended to
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0013| read:
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0014| "22-2-1. [STATE BOARD] DEPARTMENT--POWERS.--
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0015| A. The [state board] department is the
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0016| governing authority and shall have control, management and
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0017| direction of all public schools, except as otherwise provided
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0018| by law.
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0019| B. The [state board] department may
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0020| promulgate, publish and enforce [regulations] rules to
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0021| exercise its authority granted pursuant to the Public School
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0022| Code.
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0023| C. The [state board] department may apply to
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0024| the district court for an injunction, writ of mandamus or
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0025| other appropriate relief to enforce the provisions of the
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0001| Public School Code or any of its [regulations] rules
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0002| promulgated pursuant to the Public School Code.
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0003| D. The [state board] department may waive
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0004| provisions of the Public School Code as authorized by law."
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0005| Section 8. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0006| Chapter 16, Section 5, as amended) is amended to read:
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0007| "22-2-2. [STATE BOARD] DEPARTMENT--DUTIES.--Without
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0008| limiting those powers granted to the [state board]
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0009| department pursuant to Section 22-2-1 NMSA 1978, the [state
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board] department under the supervision and direction of the
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0011| secretary shall perform the following duties:
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0012| A. properly and uniformly enforce the provisions
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0013| of the Public School Code;
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0014| B. [determine] administer policy for the
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0015| operation of all public schools and vocational education
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0016| programs in the state;
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0017| [C. appoint a state superintendent;
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D.] C. purchase and loan instructional material
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0019| to students pursuant to the Instructional Material Law and
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0020| adopt regulations relating to the use and operation of
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0021| instructional material depositories in the instructional
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0022| material distribution process;
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0023| [E.] D. designate courses of instruction to be
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0024| taught in all public schools in the state;
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0025| [F.] E. assess and evaluate all state
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0001| institutions and those private schools that desire state
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0002| accreditation;
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0003| [G.] F. determine the qualifications for and
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0004| issue a certificate to any person teaching, assisting
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0005| teachers, supervising an instructional program, counseling,
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0006| providing special instructional services or administering in
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0007| public schools, according to law and according to a system of
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0008| classification adopted and published by the [state board]
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0009| department;
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0010| [H.] G. suspend or revoke a certificate held
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0011| by a certified school instructor or certified school
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0012| administrator, according to law, for incompetency, immorality
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0013| or for any other good and just cause;
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0014| [I.] H. make full and complete reports on
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0015| consolidation of school districts to the legislature;
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0016| [J.] I. prescribe courses of instruction,
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0017| requirements for graduation and standards for all public
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0018| schools, for private schools seeking state accreditation and
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0019| for the educational programs conducted in state institutions
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0020| other than the New Mexico military institute;
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0021| [K.] J. adopt regulations for the
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0022| administration of all public schools and bylaws for its own
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0023| administration;
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0024| [L.] K. require periodic reports on forms
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0025| prescribed by it from all public schools and attendance
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0001| reports from private schools;
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0002| [M.] L. authorize adult educational programs
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0003| to be conducted in schools under its jurisdiction and adopt
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0004| and promulgate regulations governing all such adult
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0005| educational programs;
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0006| [N.] M. require any school under its
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0007| jurisdiction that sponsors athletic programs involving sports
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0008| to mandate that the participating student obtain catastrophic
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0009| health and accident insurance coverage, such coverage to be
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0010| offered through the school and issued by an insurance company
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0011| duly licensed pursuant to the laws of New Mexico;
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0012| [O.] N. require all accrediting agencies for
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0013| public schools in the state to act with its approval;
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0014| [P.] O. accept and receive all grants of money
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0015| from the federal government or any other agency for public
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0016| school purposes and disburse the money in the manner and for
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0017| the purpose specified in the grant;
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0018| [Q.] P. require prior approval for any
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0019| educational program in a public school that is to be
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0020| conducted, sponsored, carried on or caused to be carried on by
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0021| a private organization or agency;
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0022| [R.] Q. approve or disapprove all rules [or
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regulations] promulgated by any association or organization
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0024| attempting to regulate any public school activity and
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0025| invalidate any rule [or regulation] in conflict with any
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0001| [regulation] rule promulgated by the [state board]
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0002| department. The [state board] department shall require
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0003| any association or organization attempting to regulate any
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0004| public school activity to comply with the provisions of the
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0005| Open Meetings Act and be subject to the inspection of the
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0006| Public Records Act. The [state board] department may
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0007| require performance and financial audits of any association or
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0008| organization attempting to regulate any public school
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0009| activity. The [state board] department shall have no
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0010| power or control over the rules [or regulations] or the
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0011| bylaws governing the administration of the internal
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0012| organization of the association or organization;
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0013| [S.] R. review decisions made by the governing
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0014| board or officials of any organization or association
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0015| regulating any public school activity, and any decision of the
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0016| [state board] department shall be final in respect
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0017| thereto;
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0018| [T.] S. accept or reject any charitable gift,
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0019| grant, devise or bequest. The particular gift, grant, devise
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0020| or bequest accepted shall be considered an asset of the state;
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0021| [U.] T. establish and maintain regional
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0022| centers, at its discretion, for conducting cooperative
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0023| services between public schools and school districts within
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0024| and among those regions and to facilitate regulation and
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0025| evaluation of school programs;
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0001| [V.] U. assess and evaluate for accreditation
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0002| purposes at least one-third of all public schools each year
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0003| through visits by department of education personnel to
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0004| investigate the adequacy of pupil gain in standard required
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0005| subject matter, adequacy of pupil activities, functional
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0006| feasibility of public school and school district organization,
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0007| adequacy of staff preparation and other matters bearing upon
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0008| the education of the students;
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0009| [W.] V. provide for management and other
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0010| necessary personnel to operate any public school or school
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0011| district that has failed to meet requirements of law, [state
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board] department standards or [state board regulations]
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0013| department rules; provided that the operation of the public
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0014| school or school district shall not include any consolidation
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0015| or reorganization without the approval of the local board of
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0016| that school district. Until such time as requirements of law,
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0017| standards or [regulations] rules have been met and
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0018| compliance is assured, the powers and duties of the local
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0019| school board shall be suspended;
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0020| [X.] W. establish and implement a plan that
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0021| provides for technical assistance to local school boards
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0022| through workshops and other in-service training methods;
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0023| provided, however, that no plan shall require mandatory
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0024| attendance by any member of a local school board;
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0025| [Y.] X. 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.] Y. 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] department has authority to
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0006| order that a student attend a public school or a private
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0007| school."
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0008| Section 9. Section 22-2-6 NMSA 1978 (being Laws 1967,
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0009| Chapter 16, Section 9, as amended) is amended to read:
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0010| "22-2-6. DEPARTMENT OF EDUCATION--DUTIES.--Subject to
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0011| the policies, [of the state board and the] supervision and
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0012| direction of the [state superintendent] secretary, the
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0013| department [of education] shall have the following duties:
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0014| A. supervise all schools and school officials
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0015| coming under the jurisdiction of the [state board]
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0016| department;
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0017| B. advise boards of regents of state educational
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0018| institutions on matters concerning the Public School Code;
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0019| C. prescribe, print and distribute forms to carry
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0020| out the duties of the [state board] department pursuant to
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0021| the Public School Code;
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0022| D. annually, prior to December 1, prepare and
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0023| publish a report on public and private education in the state
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0024| and distribute the report to the governor and the legislature;
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0025| E. keep accurate records of all money received by
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0001| the [state superintendent] secretary or the department
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0002| [of education];
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0003| F. publish and distribute copies of the Public
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0004| School Code and [regulations] rules promulgated by the
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0005| [state board] department to local school boards in the
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0006| state;
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0007| G. confer with local school boards and certified
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0008| school personnel on matters concerning education in the state;
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0009| H. prepare and distribute patriotic material to
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0010| schools in the state; and
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0011| I. evaluate all educational programs in state
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0012| institutions [under the authority of the secretary of the
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health and environment department]."
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0014| Section 10. REPEAL.--Sections 22-2-3 through 22-2-5 and
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0015| 22-3-37 through 22-3-54 NMSA 1978 (being Laws 1967, Chapter
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0016| 16, Sections 6 through 8 and Laws 1991 (1st S.S.), Chapter 4,
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0017| Sections 1 through 18, as amended) are repealed.
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0018| Section 11. EFFECTIVE DATE.--The provisions of this act
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0019| shall become effective upon certification by the secretary of
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0020| state that the constitution of New Mexico has been amended as
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0021| proposed by a joint resolution of the forty-third legislature,
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0022| second session entitled "A JOINT RESOLUTION PROPOSING AN
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0023| AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW
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0024| MEXICO TO ABOLISH THE STATE BOARD OF EDUCATION AND CREATE A
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0025| SECRETARY OF EDUCATION.".
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