46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO EDUCATION; TRANSFERRING THE AUTHORITY FOR ADULT BASIC EDUCATION TO THE COMMISSION ON HIGHER EDUCATION; DECLARING AN EMERGENCY.

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

Section 1. [NEW MATERIAL] COMMISSION ON HIGHER EDUCATION--ADDITIONAL DUTIES.--In addition to the duties imposed upon the commission on higher education by the Post-Secondary Educational Planning Act, the commission shall have the responsibility of performing planning and budgeting functions for the adult basic education centers.

Section 2. Section 22-2-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 5, as amended by Laws 2001, Chapter 286, Section 1 and by Laws 2001, Chapter 299, Section 5) is amended to read:

"22-2-2. STATE BOARD--DUTIES.--Without limiting those powers granted to the state board pursuant to Section 22-2-1 NMSA 1978, the state board shall perform the following duties:

A. properly and uniformly enforce the provisions of the Public School Code;

B. determine policy for the operation of all public schools and vocational education programs in the state, including vocational programs that are part of a juvenile construction industries initiative for juveniles who are committed to the custody of the children, youth and families department;

C. appoint a state superintendent;

D. purchase and loan instructional material to students pursuant to the Instructional Material Law and adopt rules relating to the use and operation of instructional material depositories in the instructional material distribution process;

E. designate courses of instruction to be taught in all public schools in the state;

F. assess and evaluate all state institutions and those private schools that desire state accreditation;

G. determine the qualifications for and issue a certificate to any person teaching, assisting teachers, supervising an instructional program, counseling, providing special instructional services or administering in public schools according to law and according to a system of classification adopted and published by the state board;

H. suspend or revoke a certificate held by a certified school instructor or certified school administrator according to law for incompetency, immorality or any other good and just cause;

I. make full and complete reports on consolidation of school districts to the legislature;

J. prescribe courses of instruction, requirements for graduation and standards for all public schools, for private schools seeking state accreditation and for the educational programs conducted in state institutions other than the New Mexico military institute;

K. adopt rules for the administration of all public schools and bylaws for its own administration;

L. require periodic reports on forms prescribed by it from all public schools and attendance reports from private schools;

[M. authorize adult educational programs to be conducted in schools under its jurisdiction and adopt and promulgate rules governing all such adult educational programs;

N.] M. require any school under its jurisdiction that sponsors athletic programs involving sports to mandate that the participating student obtain catastrophic health and accident insurance coverage, such coverage to be offered through the school and issued by an insurance company duly licensed pursuant to the laws of New Mexico;

[O.] N. require all accrediting agencies for public schools in the state to act with its approval;

[P.] O. accept and receive all grants of money from the federal government or any other agency for public school purposes and disburse the money in the manner and for the purpose specified in the grant;

[Q.] P. require prior approval for any educational program in a public school that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency;

[R.] Q. approve or disapprove all rules promulgated by any association or organization attempting to regulate any public school activity and invalidate any rule in conflict with any rule promulgated by the state board. The state board shall require any association or organization attempting to regulate any public school activity to comply with the provisions of the Open Meetings Act and be subject to the inspection of the Public Records Act. The state board may require performance and financial audits of any association or organization attempting to regulate any public school activity. The state board shall have no power or control over the rules or the bylaws governing the administration of the internal organization of the association or organization;

[S.] R. review decisions made by the governing board or officials of any organization or association regulating any public school activity, and any decision of the state board shall be final in respect thereto;

[T.] S. accept or reject any charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the state;

[U.] T. establish and maintain regional centers, at its discretion, for conducting cooperative services between public schools and school districts within and among those regions and to facilitate regulation and evaluation of school programs;

[V.] U. assess and evaluate for accreditation purposes at least one-third of all public schools each year through visits by department of education personnel to investigate the adequacy of pupil gain in standard required subject matter, adequacy of pupil activities, functional feasibility of public school and school district organization, adequacy of staff preparation and other matters bearing upon the education of the students;

[W.] V. provide for management and other necessary personnel to operate any public school or school district that has failed to meet requirements of law, state board standards or state board rules; provided that the operation of the public school or school district shall not include any consolidation or reorganization without the approval of the local board of that school district. Until such time as requirements of law, standards or rules have been met and compliance is assured, the powers and duties of the local school board shall be suspended;

[X.] W. establish and implement a plan that provides for technical assistance to local school boards through workshops and other in-service training methods; provided, however, that no plan shall require mandatory attendance by any member of a local school board;

[Y.] X. submit a plan applying for funds available under Public Law 94-142 and disburse these funds in the manner and for the purposes specified in the plan;

[Z.] Y. enforce requirements for home schools. Upon finding that a home school is not in compliance with law, the state board has authority to order that a student attend a public school or a private school;

[AA.] Z. develop a systemic framework for professional development that provides training to ensure quality teachers and principals and that improves and enhances student achievement. The state board shall work with public school educators, the commission on higher education and institutions of higher education to establish the framework. The framework shall include:

(1) the criteria for school districts to apply for professional development funds, including an evaluation component that will be used by the department of education in approving local school district professional development plans; and

(2) guidelines for developing extensive professional development activities for school districts, including teaching strategies, curriculum materials, distance learning networks and web sites to ensure that the state board's rules pertaining to content standards and benchmarks are used by New Mexico teachers;

[BB.] AA. approve education curricula and programs offered in all two-year public post-secondary educational institutions, including northern New Mexico state school, except those in Chapter 21, Article 12 NMSA 1978, that lead to certificates for alternative certification for degreed individuals pursuant to Section 22-10-3.5 NMSA 1978 or certification for educational [assistant] assistants; and

[CC.] BB. withhold program approval from a college of education or teacher preparation program that fails to offer a course on teaching reading that:

(1) is based upon current research;

(2) aligns with state board-adopted reading standards;

(3) includes strategies and assessment measures to ensure that beginning teachers are proficient in teaching reading; and

(4) was designed after seeking input from experts in the education field."

Section 3. Section 22-8-30.1 NMSA 1978 (being Laws 1995, Chapter 56, Section 1) is amended to read:

"22-8-30.1. ADULT BASIC EDUCATION FUND CREATED.--The "adult basic education fund" is created in the state treasury. Money in the fund is appropriated to the [department of education] commission on higher education for the purpose of funding adult basic education programs for educationally disadvantaged adults. Money in the fund shall be distributed by the [department of education] commission pursuant to an equitable formula established by the [state board] commission in consultation with representatives from the adult basic education administrative sites [and with the approval of the commission on higher education as provided by law]. Any unexpended or unencumbered balance remaining in the fund at the end of each fiscal year shall revert to the general fund."

Section 4. Section 22-8-30.2 NMSA 1978 (being Laws 1995, Chapter 56, Section 2) is amended to read:

"22-8-30.2. ADULT BASIC EDUCATION--DISTRIBUTION OF MONEY--OBJECTIVE FORMULA--[STATE BOARD] COMMISSION ON HIGHER EDUCATION--ADOPTION OF FORMULA [COMMISSION ON HIGHER EDUCATION APPROVAL].--The [state board] commission on higher education in consultation with representatives of adult basic education administrative sites shall [by regulation, establish] create an equitable formula for the distribution of money in the adult basic education fund. In establishing an equitable formula, the [state board] commission shall consider the types of programs conducted, the cost of service delivery and the socio-economic profiles of the adult receiving services. The [state board] commission shall [submit] review the [proposed] formula [to the commission on higher education for approval] and any proposed changes with the adult basic education administrative sites prior to adoption or amendment."

Section 5. Section 22-15-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 211, as amended) is amended to read:

"22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--

A. Any qualified student or person eligible to become a qualified student attending a public school, a state institution or a private school approved by the state board in any grade from first through the twelfth grade of instruction is entitled to the free use of instructional material. Any student enrolled in an early childhood education program as defined by Section 22-13-3 NMSA 1978 or person eligible to become an early childhood education student as defined by that section attending a private early childhood education program approved by the state board is entitled to the free use of instructional material. Any student in an adult basic education program approved by the [state board] commission on higher education is entitled to the free use of instructional material from the instructional material bureau of the department of education.

B. Instructional material shall be distributed to school districts, state institutions, private schools and adult basic education centers as agents for the benefit of students entitled to the free use of the instructional material.

C. Any school district, state institution, private school as agent or adult basic education center receiving instructional material pursuant to the Instructional Material Law is responsible for distribution of the instructional material for use by eligible students and for the safekeeping of the instructional material."

Section 6. TEMPORARY PROVISION--TRANSFER.--All personnel, appropriations, money, records, property, equipment and supplies of adult basic education centers shall be transferred with them to the commission on higher education. All contracts and agreements relating to the activities of the personnel and records transferred pursuant to the provisions of this section shall also be transferred.

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

.144125.2