44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; ENACTING THE STUDENT ALTERNATIVES ACT; PROVIDING ALTERNATIVE EDUCATIONAL OPPORTUNITIES FOR HIGH SCHOOL DROPOUTS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Student Alternatives Act".

Section 2. DEFINITIONS.--As used in the Student Alternatives Act:

A. "board" means the student alternatives board;

B. "department" means the department of finance and administration;

C. "school alternative" means a:

(1) governmental entity, including the New Mexico youth conservation corps or a charter school, that enters into a joint powers agreement with the department to provide alternative educational opportunities for students; or

(2) nonprofit corporation or for-profit corporation that contracts with the department to provide alternative educational opportunities for students; and

D. "student" means a person between the ages of fourteen and eighteen who has been disenrolled from a public school for any reason in the prior school year or whose attendance or conduct indicate that he may not meet graduation requirements provided in Section 22-2-8.4 NMSA 1978.

Section 3. PILOT PROJECT--ALTERNATIVE EDUCATION.--

A. The department shall develop a pilot program to provide alternative educational opportunities for students.

B. The pilot program shall run until June 1, 2004.

Section 4. ALTERNATIVE EDUCATION--STUDENTS.--

A. The department shall enter into either a joint powers agreement or contract with each school alternative to provide educational services for students. The joint powers agreement or contract shall contain a provision that provides for a salary increase for any teacher employed at a school alternative whose students show exemplary improvement in academic achievement or attendance. The joint powers agreement or contract shall also contain a provision that provides more funding to any student alternative whose students, based on an independent analysis, demonstrate exemplary academic achievement and attendance.

B. A school alternative shall actively recruit students to provide them with alternatives to the curricula and environment offered in the public schools.

C. Students enrolled in a school alternative shall be held to the graduation requirements provided in Section 22-2-8.4 NMSA 1978.

D. School alternatives may contract for services, including transportation, emergency medical services, food services and security, necessary to provide educational services to students.

E. School alternatives shall not operate on the same site with another public school.

F. School alternatives shall be exempt from the requirements of the School Personnel Act.

G. School alternatives shall be evaluated by the board on the bases of student attendance, retention, academic achievement and the number of students who pass the New Mexico high school competency examination.

H. School alternatives shall enroll no less than one hundred students and no more than two hundred students.

Section 5. BOARD--FUNDING.--

A. The "student alternatives board" is created.

B. The board shall be comprised of:

(1) two members of the house of representatives to be appointed by the speaker of the house of representatives;

(2) two members of the senate to be appointed by the president pro tempore of the senate;

(3) two representatives of the business community to be appointed by the governor;

(4) two members of the state board of education to be appointed by the president of the state board of education; and

(5) three members of the education community to be appointed by the governor.

C. The members of the board shall elect a president, a secretary and a treasurer.

D. The department shall staff the board.

E. The board shall:

(1) review proposals submitted by applicants to become student alternatives;

(2) allocate funding to the student alternatives selected;

(3) ensure that no more than twenty-five percent of available funding is allocated to any one student alternative; and

(4) evaluate the performance of student alternatives.

F. The board shall report annually to the legislative finance committee, the legislative education study committee and the governor prior to October 15. The report shall include the amount of funding that students enrolled in school alternatives would have generated if they were enrolled in a public school.

Section 6. APPROPRIATION.--Three million dollars ($3,000,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal years 2000 through 2005 for the purpose carrying out the provisions of the Student Alternatives Act. No more that twenty-five percent of the appropriation may be used to contract with any one school alternative. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.