44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO EDUCATION; ESTABLISHING A PILOT PROGRAM FOR THE CREATION OF CHARTER SCHOOL DISTRICTS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be referred to as the "Charter School District Act"."
Section 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL DISTRICTS CREATED--DISTRICT RESPONSIBILITIES--EXEMPTIONS FROM THE PUBLIC SCHOOL CODE.--
A. Effective with the 1999-2000 school year, the state board shall initiate a pilot program to test the effectiveness of charter school districts. As part of this pilot program, the state board may approve not more than three school districts or clusters in the state to operate as charter school districts.
B. To be approved as a charter school district, a local school board shall submit an application to the state board. If the state board approves an application to operate as a charter school district, the local school district shall be exempt from provisions of the Public School Code pertaining to the length of the school day, staffing patterns, subject areas and instructional materials. A charter school district shall continue to:
(1) operate as a public, nonsectarian public school district;
(2) operate in the same geographic boundaries that existed prior to becoming a charter school district;
(3) receive state money as provided in the Public School Code;
(4) provide special education services as required by state and federal laws;
(5) be liable for timely payment on its bonded indebtedness and subject to the same bonded indebtedness limitations as it did before becoming a charter school district; and
(6) be subject to all state and federal laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.
C. A charter school district shall be accountable to the state board for purposes of ensuring compliance with its charter and applicable state law."
Section 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL DISTRICT APPLICATION REQUIREMENTS--PROCESS--ELECTION.--
A. Before a local school board applies for a charter to the state board, the board shall submit the question of whether to operate the school district as a charter school district to the qualified electors of the school district at any regular school board election or at any special election called for the purpose of voting on the question. Any election called for this purpose shall be conducted pursuant to the School Election Law.
B. If a majority of those voting voted in favor of the district becoming a charter school district, the local school board shall submit an application for charter school district status to the state board.
C. Not less than sixty-five percent of the employees of the school district must sign a petition in support of the school district becoming a charter district.
D. The state board shall establish by rule the application process and requirements for charter school district status.
E. Prior to approving an application for charter school district status, the state board shall require that the:
(1) proposed charter school district comply with all state board rules regarding accreditation;
(2) proposed charter school district comply with Sections 22-1-6 and 22-2-8 NMSA 1978; and
(3) charter school district application contain:
(a) a statement of mission and purpose for the operation of the district under a charter, including a statement of the district's goals and objectives;
(b) evidence of broad-based support among parents, teachers and pupils;
(c) evidence that the charter is educationally sound and is in the best educational interests of the students;
(d) evidence that the plan is economically sound and complies with all state and federal laws and rules;
(e) an explanation of the relationship that will exist between the charter school district and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representatives;
(f) a description of the governing body and operation of the charter school district; and
(g) waivers requested from the state board rules."
Section 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL DISTRICTS--CONTRACT CONTENTS.--
A. An approved charter school district application shall constitute an agreement, and the terms of the agreement shall constitute a contract between the charter school district and the state board.
B. The contract between the charter school district and the state board shall reflect all agreements regarding the operation of the charter school district.
C. Employees of a charter school district shall be considered continuous employees without interruption of employment pursuant to the School Personnel Act and shall be afforded procedural due process rights and protections.
D. Employees of a charter school district shall have the same right to organize and bargain collectively with the governing body of the charter school district as other public school employees pursuant to the Public Employee Bargaining Act. The governing body and the employees' exclusive representative shall bargain in good faith. Agreements reached between the governing body and the exclusive representative shall be incorporated into a written collective bargaining agreement if requested by the governing body and the exclusive representative.
E. The terms of the contract may be revised at any time with the approval of both the state board and the charter school district."
Section 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] CHARTER SCHOOL DISTRICTS--TERMS--RENEWAL OF CHARTER--GROUNDS FOR NONRENEWAL, PROBATION OR REVOCATION--APPEAL.--
A. A charter may be approved or renewed for a period not to exceed four academic calendar years. The state board shall establish a charter renewal process by rule.
B. The department of education shall provide by rule for ongoing review of the charter school district's compliance with accreditation.
C. Staff from the department of education shall visit each charter school district at least once each year to provide technical assistance and to determine the status of the district and the progress of the district toward the goals of its charter.
D. If during the ongoing review or during the renewal process the department of education finds that the charter school district is not in compliance with the charter, the state board may revoke the charter, decline to renew the charter or place the district on probationary status. The state board shall not renew a charter if it determines that the charter is not in the interest of the pupils residing in the district.
E. The state board shall not renew any charter prior to July 1, 2003."
Section 6. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] REPORT TO LEGISLATURE ON PILOT PROGRAM.--Not later than July 30, 2004, the state board and all charter school districts shall report to the legislature and the governor regarding the effectiveness of the pilot program established pursuant to the Charter School District Act."
Section 7. Section 22-11-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 126, as amended) is amended to read:
"22-11-2. DEFINITIONS.--As used in the Educational Retirement Act:
A. "member" means any employee, except for a participant coming within the provisions of the Educational Retirement Act;
B. "regular member" means:
(1) a person regularly employed as a teaching, nursing or administrative employee of a state educational institution, except for:
(a) a participant; or
(b) all employees of a general hospital or outpatient clinics thereof operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico;
(2) a person regularly employed as a teaching, nursing or administrative employee of a junior college or community college created pursuant to Chapter 21, Article 13 NMSA 1978;
(3) a person regularly employed as a teaching, nursing or administrative employee of a technical and vocational institute created pursuant to the Technical and Vocational Institute Act;
(4) a person regularly employed as a teaching, nursing or administrative employee of the New Mexico boys' school, the New Mexico girls' school, the Los Lunas medical center or a school district or as a certified school instructor of a state institution or agency providing an educational program and holding a standard or substandard certificate issued by the state board;
(5) a person regularly employed by the department of education or the board holding a standard or substandard certificate issued by the state board at the time of commencement of such employment;
(6) a member classified as a regular member in accordance with the regulations of the board;
(7) a person regularly employed by the New
Mexico activities association holding a standard certificate
issued by the state board at the time of commencement of such
employment; [or]
(8) a person regularly employed by a regional education cooperative holding a standard certificate issued by the state board at the time of commencement of such employment; or
(9) a person regularly employed by a charter school district holding a standard or substandard certificate issued by the state board at the time of commencement of such employment;
C. "provisional member" means a person not eligible to be a regular member but who is employed by a local administrative unit designated in Subsection B of this section; provided, however, that employees of a general hospital or outpatient clinics thereof operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico are not provisional members;
D. "local administrative unit" means an employing agency however constituted that is directly responsible for the payment of compensation for the employment of members or participants;
E. "beneficiary" means a person having an insurable interest in the life of a member or a participant designated by written instrument duly executed by the member or participant and filed with the director to receive a benefit pursuant to the Educational Retirement Act that may be received by someone other than the member or participant;
F. "employment" means employment by a local administrative unit that qualifies a person to be a member or participant;
G. "service employment" means employment that qualifies a person to be a regular member;
H. "provisional service employment" means employment that qualifies a person to be a provisional member;
I. "prior employment" means employment performed prior to the effective date of the Educational Retirement Act that would be service employment or provisional service employment if performed thereafter;
J. "service credit" means that period of time with which a member is accredited for the purpose of determining his eligibility for and computation of retirement or disability benefits;
K. "earned service credit" means that period of time during which a member was engaged in employment or prior employment with which he is accredited for the purpose of determining his eligibility for retirement or disability benefits;
L. "allowed service credit" means that period of time during which a member has performed certain nonservice employment with which he may be accredited, as provided in the Educational Retirement Act, for the purpose of computing retirement or disability benefits;
M. "retirement benefit" means an annuity paid monthly to members whose employment has been terminated by reason of their age;
N. "disability benefit" means an annuity paid monthly to members whose employment has been terminated by reason of a disability;
O. "board" means the educational retirement board;
P. "fund" means the educational retirement fund;
Q. "director" means the educational retirement director;
R. "medical authority" means a medical doctor within the state or as provided in Subsection D of Section 22-11-36 NMSA 1978 either designated or employed by the board to examine and report on the physical condition of applicants for or recipients of disability benefits;
S. "actuary" means a person trained and regularly engaged in the occupation of calculating present and projected monetary assets and liabilities under annuity or insurance programs;
T. "actuarial equivalent" means a sum paid as a current or deferred benefit that is equal in value to a regular benefit, computed upon the basis of interest rates and mortality tables;
U. "contributory employment" means employment for which contributions have been made by both a member and a local administrative unit pursuant to the Educational Retirement Act;
V. "qualifying state educational institution" means the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university and western New Mexico university;
W. "participant" means:
(1) a person regularly employed as a faculty or professional employee of a qualifying state educational institution who first becomes employed with such an educational institution on or after July 1, 1991 and who elects, pursuant to Section 22-11-47 NMSA 1978, to participate in the alternative retirement plan; and
(2) a person regularly employed who performs research or other services pursuant to a contract between a qualifying state educational institution and the United States government or any of its agencies who elects, pursuant to Section 22-11-47 NMSA 1978, to participate in the alternative retirement plan, provided that the research or other services are performed outside the state;
X. "salary" means the compensation or wages paid to a member or participant by any local administrative unit for services rendered; and
Y. "alternative retirement plan" means the retirement plan provided for in Sections 22-11-47 through 22-11-52 NMSA 1978."