HOUSE BILL 260
48th legislature - STATE OF NEW MEXICO - first session, 2007
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
RELATING TO PUBLIC SCHOOLS; CREATING THE NEW MEXICO SCHOOL FOR THE ARTS AS A CHARTER SCHOOL, WHICH WILL BE A STATEWIDE RESIDENTIAL HIGH SCHOOL FOR GRADES NINE THROUGH TWELVE; EXEMPTING THE SCHOOL FROM CERTAIN PROVISIONS OF THE CHARTER SCHOOLS ACT; SPECIFYING TO WHOM THE CHARTER APPLICATION SHALL BE SUBMITTED; PROVIDING FOR ADMISSIONS CRITERIA; PROVIDING FOR ROOM AND BOARD FEES; PROVIDING FOR PLANNING AND OUTREACH ACTIVITIES; PROVIDING FOR DEADLINES FOR NOTIFICATION AND SUBMISSION OF INITIAL APPLICATION; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
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.--This act may be cited as the "New Mexico School for the Arts Act"."
Section 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PURPOSE.--The purpose of the New Mexico School for the Arts Act is to establish the New Mexico school for the arts as a statewide, residential charter high school to provide New Mexico students who have demonstrated artistic abilities and potential with expanded opportunities to pursue a career in the arts. The school shall offer intensive pre-professional and professional instruction in the performing and visual arts combined with a strong academic program leading to a high school diploma."
Section 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SCHOOL EXEMPT FROM CERTAIN PROVISIONS OF THE CHARTER SCHOOLS ACT.--The New Mexico school for the arts is subject to all provisions of the Charter Schools Act except Subsection K of Section 22-8B-4 NMSA 1978 and Section 22-8B-4.1 NMSA 1978. The New Mexico school for the arts shall not charge tuition except as otherwise provided in the Public School Code."
Section 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] CHARTER APPLICATION.--The charter application for the New Mexico school for the arts shall be submitted to the commission as provided in the Charter Schools Act and subject to the provisions of Section 3 of the New Mexico School for the Arts Act."
Section 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ADMISSIONS CRITERIA.--
A. The governing body of the New Mexico school for the arts shall establish admissions criteria designed to admit students who show exceptional talent, promise or aptitude in the arts and an interest in pursuing a career in the arts. Students shall be considered for admission regardless of their opportunity to obtain training prior to admission.
B. The governing body shall ensure, to the greatest extent possible and without jeopardizing admissions standards, that an equal number of students is admitted to the school from each of the state's congressional districts.
C. In order to acquaint potential students with the programs offered by the school, the school shall conduct outreach activities throughout the state. The outreach activities shall include summer arts programs for middle school students, workshops for teachers and programs suitable for elementary school students. There shall be no admissions criteria established for participation in outreach activities.
D. The school shall be subject to all federal and state 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."
Section 6. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] ROOM AND BOARD--CHARGES--STATE PAYMENTS.--The New Mexico school for the arts shall charge residential students a fee to cover the costs of room and board. The governing body of the school shall establish a sliding-fee scale based on the student's ability to pay. The department shall approve room and board charges and the sliding-fee scale prior to implementation. The state shall reimburse the school for the difference between the actual revenue received from students and the total cost of room and board calculated by multiplying the average cost of room and board at the state's post-secondary educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, including the New Mexico military institute, by the full-time-equivalent number of students residing at the school. The department shall provide an estimate to the legislative education study committee and to the legislative finance committee by November 30 of each year regarding the difference between the projected cost of room and board for the succeeding school year and the projected revenue from the fee charged to students."
Section 7. TEMPORARY PROVISION--PLANNING AND OUTREACH ACTIVITIES--DEADLINES FOR NOTIFICATION AND SUBMISSION OF INITIAL APPLICATION.--
A. The governing body of the New Mexico school for the arts shall, in consultation with the public education department and the higher education department, conduct planning and outreach activities during school years 2006-2007 and 2007-2008 in preparation for the school to open for the 2008-2009 school year.
B. Notwithstanding the deadline established in Subsection B of Section 22-8B-6 NMSA 1978, at least ninety days prior to initial application, the organizers of the New Mexico school for the arts shall provide written notification of intent to establish a charter school to the public education commission and the school district in which the school is proposed to be located.
Section 8. APPROPRIATION.--Seven hundred fifty thousand dollars ($750,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2007 and 2008 to provide financial support for initial start-up costs, including planning and outreach activities, for the New Mexico school for the arts. The department may use up to three percent of the appropriation for administrative costs. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
Section 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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