HOUSE BILL 453
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Nathan "Nate" Cote
AN ACT
RELATING TO CHARTER SCHOOLS; PROVIDING FOR THE TRANSFER OF CHARTERING AUTHORITY TO THE STATE UNDER CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8B-12 NMSA 1978 (being Laws 1999, Chapter 281, Section 12, as amended) is amended to read:
"22-8B-12. CHARTER SCHOOLS--TERM--OVERSIGHT AND CORRECTIVE ACTIONS--SITE VISITS--RENEWAL OF CHARTER--GROUNDS FOR NONRENEWAL OR REVOCATION--TRANSFER OF CHARTER.--
A. A charter school may be approved for an initial term of six years; provided that the first year shall be used exclusively for planning and not for completing the application. A charter may be renewed for successive periods of five years each. Approvals of less than five years may be agreed to between the charter school and the chartering authority.
B. During the planning year, the charter school shall file a minimum of three status reports with the chartering authority and the department for the purpose of demonstrating that the charter school's implementation progress is consistent with the conditions, standards and procedures of its approved charter. The report content, format and schedule for submission shall be agreed to by the chartering authority and the charter school and become part of the charter contract.
C. Prior to the end of the planning year, the charter school shall demonstrate that its facilities meet the requirements of Section 22-8B-4.2 NMSA 1978.
D. A chartering authority shall monitor the fiscal, overall governance and student performance and legal compliance of the charter schools that it oversees, including reviewing the data provided by the charter school to support ongoing evaluation according to the charter contract. Every chartering authority may conduct or require oversight activities that allow the chartering authority to fulfill its responsibilities under the Charter Schools Act, including conducting appropriate inquiries and investigations; provided that the chartering authority complies with the provisions of the Charter Schools Act and the terms of the charter contract and does not unduly inhibit the autonomy granted to the charter schools that it governs.
E. As part of its performance review of a charter school, a chartering authority shall visit a charter school under its authority at least once annually to provide technical assistance to the charter school and to determine the status of the charter school and the progress of the charter school toward the performance framework goals in its charter contract.
F. If, based on the performance review conducted by the chartering authority pursuant to Subsection D of this section, a charter school's fiscal, overall governance or student performance or legal compliance appears unsatisfactory, the chartering authority shall promptly notify the governing body of the charter school of the unsatisfactory review and provide reasonable opportunity for the governing body to remedy the problem; provided that if the unsatisfactory review warrants revocation, the revocation procedures set forth in this section shall apply. A chartering authority may take appropriate corrective actions or exercise sanctions, as long as such sanctions do not constitute revocation, in response to the unsatisfactory review. Such actions or sanctions by the chartering authority may include requiring a governing body to develop and execute a corrective action plan with the chartering authority that sets forth time frames for compliance.
G. If a charter school does not correct significant audit findings from an annual or special audit before the next annual audit or does not comply with a corrective action plan developed as a result of local school board sanctions, but the local school board finds that revocation is not the appropriate action for the students, staff and community, it may transfer the chartering authority for the charter school to the commission. The decision of the local school board to transfer the charter is not appealable if the school district's annual audit has been affected by audit findings or a qualified audit of a charter school. The charter shall be transferred within thirty days of the decision by the local school board to transfer. Upon transfer of the chartering authority, the school district shall forgo the remainder of the two-percent administrative fee received that fiscal year for being the chartering authority, which amount shall be transferred to the division. Within ninety days of the commission becoming the chartering authority, the governing body of the charter school must qualify as a board of finance or the governing board shall be replaced or the charter revoked by the commission. A local school board and a charter school may jointly petition the commission to have the charter school remain a locally chartered charter school. The petition shall include a plan to correct audit findings, ensure proper financial controls and provide greater oversight by the local school board.
[G.] H. Every chartering authority shall submit an annual report to the division, including a performance report for each charter school that it oversees, in accordance with the performance framework set forth in the charter contract.
[H.] I. The department shall review the annual report received from the chartering authority to determine if the department or local school board rules and policies from which the charter school was released pursuant to the provisions of Section 22-8B-5 NMSA 1978 assisted or impeded the charter school in meeting its stated goals and objectives. The department shall use the annual reports received from the chartering authorities as part of its report to the governor, the legislative finance committee and the legislative education study committee as required by the Charter Schools Act.
[I.] J. No later than two hundred seventy days prior to the date in which the charter expires, the governing body may submit a renewal application to the chartering authority. A charter school may apply to a different chartering authority for renewal. The chartering authority shall rule in a public hearing on the renewal application no later than one hundred eighty days prior to the expiration of the charter.
[J.] K. A charter school renewal application submitted to the chartering authority shall contain:
(1) a report on the progress of meeting the academic performance, financial compliance and governance responsibilities of the charter school, including achieving the goals, objectives, student performance outcomes, state minimum educational standards and other terms of the charter contract, including the accountability requirements set forth in the Assessment and Accountability Act;
(2) a financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public, that allows comparison of costs to other schools or comparable organizations and that is in a format required by the department;
(3) a copy of the charter contract executed in compliance with the provisions of Section 22-8B-9 NMSA 1978;
(4) a petition in support of the charter school renewing its charter status signed by not less than sixty-five percent of the employees in the charter school;
(5) a petition in support of the charter school renewing its charter status signed by at least seventy-five percent of the households whose children are enrolled in the charter school; and
(6) a description of the charter school facilities and assurances that the facilities are in compliance with the requirements of Section 22-8B-4.2 NMSA 1978.
[K.] L. In addition to the provisions of Subsection G of this section, a charter may be suspended, revoked or not renewed by the chartering authority if the chartering authority determines that the charter school did any of the following:
(1) committed a material violation of any of the conditions, standards or procedures set forth in the charter contract;
(2) failed to meet or make substantial progress toward achievement of the department's minimum educational standards or student performance standards identified in the charter contract;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
[L.] M. The chartering authority shall develop processes for suspension, revocation or nonrenewal of a charter that:
(1) provide the charter school with timely notification of the prospect of suspension, revocation or nonrenewal of the charter and the reasons for such action;
(2) allow the charter school a reasonable amount of time to prepare and submit a response to the chartering authority's action; and
(3) require the final determination made by the chartering authority to be submitted to the department.
[M.] N. If a chartering authority suspends, revokes or does not renew a charter, the chartering authority shall state in writing its reasons for the suspension, revocation or nonrenewal.
[N.] O. A decision to suspend, revoke or not to renew a charter may be appealed by the governing body pursuant to Section 22-8B-7 NMSA 1978."
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