SENATE BILL 89

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Sander Rue and David E. Adkins

                            AN ACT

RELATING TO SCHOOL DISTRICTS; PROVIDING THAT THE MEMBERSHIP OF A SCHOOL DISTRICT NOT EXCEED FORTY THOUSAND STUDENTS; PROVIDING FOR THE DIVISION OF AN EXISTING SCHOOL DISTRICT AND THE CREATION OF NEW SCHOOL DISTRICTS WHEN THE MEMBERSHIP OF AN EXISTING SCHOOL DISTRICT EXCEEDS FORTY THOUSAND STUDENTS; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 22-4-1 NMSA 1978 (being Laws 1967, Chapter 16, Section 14) is amended to read:

     "22-4-1. SCHOOL DISTRICTS.--

          A. Every public school in the state shall be located within the geographical boundaries of a school district.

          B. A school district shall be created, exist or be consolidated only pursuant to the provisions of law.

          C. The membership of a school district shall not exceed forty thousand students.

          [C.] D. The geographical boundaries of a school district shall not coincide with or overlap the geographical boundaries of another school district except as may be provided by law."

     SECTION 2. Section 22-4-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 15, as amended) is amended to read:

     "22-4-2. NEW SCHOOL DISTRICTS--CREATION.--

          A. The [state board] department:

                (1) may order the creation of a new school district:

                     [(1)] (a) upon receipt of and according to a resolution requesting the creation of the new school district by the local school board of the existing school district;

                      [(2)] (b) after review by the local school board and upon receipt of a petition bearing signatures verified by the county clerk of the affected area of sixty percent of the registered voters residing within the geographic area desiring creation of a new school district; or

                     [(3)] (c) upon [recommendation of the state superintendent and upon] a determination by the [state board] department that creation of a new school district would meet the standards set forth in [Subsection B] Paragraph (2) of this [section] subsection; and

                [B.] (2) shall conduct a public hearing within ninety days of receipt of the local school board resolution or receipt of the voters' petition [or receipt of a recommendation by the state superintendent, the state board shall conduct a public hearing] to determine whether:

                     [(1)] (a) the existing school district and the new school district to be created will each have a minimum membership of five hundred;

                     [(2)] (b) a high school program is to be taught in the existing school district and in the new school district to be created unless an exception is granted to this requirement by the [state board] department; and

                     [(3)] (c) creating the new school district is in the best interest of public education in the existing school district and in the new school district to be created and in the best interest of public education in the state.

          B. When the membership of an existing school district exceeds forty thousand students, the department shall order the division of the existing school district and the creation of one or more new school districts and allow the existing school district not more than two years to complete the creation of the new school district or school districts.

          C. In the event the department orders the creation of new school districts pursuant to the provisions of Subsection B of this section, the department shall appoint a task force that includes members of the local school board for and residents of the existing school district. The task force:

                (1) shall report to the department on the following data or proposals for the existing and proposed new school districts:

                     (a) geographic boundaries;

                     (b) population demographics;

                     (c) membership growth or loss projections;

                     (d) division of assets, liabilities and indebtedness;

                     (e) division of bonded indebtedness and voter-approved mill levies;

                     (f) capital, infrastructure and transportation needs; and

                     (g) any other considerations material to the creation of a new school district; and

                (2) members are entitled to receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act."

     SECTION 3. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2018 through 2020 to assist in the creation of new school districts pursuant to Subsections B and C of Section 22-4-2 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.

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