0001| HOUSE BILL 73
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PAULINE K. GUBBELS
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; ALLOWING LOCAL SCHOOL DISTRICTS, STATE
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0012| INSTITUTIONS, PRIVATE SCHOOLS OR ADULT BASIC EDUCATION CENTERS
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0013| THE OPTION OF PURCHASING INSTRUCTIONAL MATERIAL DIRECTLY FROM A
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0014| PUBLISHER; AMENDING SECTIONS OF THE PUBLIC SCHOOL CODE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 5, as amended) is amended to read:
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0019| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
|
0020| powers granted to the state board pursuant to Section 22-2-1
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0021| NMSA 1978, the state board shall perform the following duties:
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0022| A. properly and uniformly enforce the provisions of
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0023| the Public School Code;
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0024| B. determine policy for the operation of all public
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0025| schools and vocational education programs in the state;
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0001| C. appoint a state superintendent;
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0002| D. adopt regulations to administer the purchase
|
0003| and loan of instructional material to students pursuant to
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0004| the Instructional Material Law [and adopt regulations relating
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to the use and operation of instructional material depositories
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in the instructional material distribution process];
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0007| E. adopt regulations to allow school districts,
|
0008| state institutions, private schools and adult basic education
|
0009| centers the option of purchasing instructional material
|
0010| directly from a publisher or his authorized agent;
|
0011| [E.] F. designate courses of instruction to be
|
0012| taught in all public schools in the state;
|
0013| [F.] G. assess and evaluate all state
|
0014| institutions and those private schools that desire state
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0015| accreditation;
|
0016| [G.] H. determine the qualifications for and
|
0017| issue a certificate to any person teaching, assisting teachers,
|
0018| supervising an instructional program, counseling, providing
|
0019| special instructional services or administering in public
|
0020| schools, according to law and according to a system of
|
0021| classification adopted and published by the state board;
|
0022| [H.] I. suspend or revoke a certificate held by
|
0023| a certified school instructor or certified school
|
0024| administrator, according to law, for incompetency, immorality
|
0025| or for any other good and just cause;
|
0001| [I.] J. make full and complete reports on
|
0002| consolidation of school districts to the legislature;
|
0003| [J.] K. prescribe courses of instruction,
|
0004| requirements for graduation and standards for all public
|
0005| schools, for private schools seeking state accreditation and
|
0006| for the educational programs conducted in state institutions
|
0007| other than New Mexico military institute;
|
0008| [K.] L. adopt regulations for the
|
0009| administration of all public schools and bylaws for its own
|
0010| administration;
|
0011| [L.] M. require periodic reports on forms
|
0012| prescribed by it from all public schools and attendance reports
|
0013| from private schools;
|
0014| [M.] N. authorize adult educational programs to
|
0015| be conducted in schools under its jurisdiction and promulgate
|
0016| and publish regulations governing all such adult educational
|
0017| programs;
|
0018| [N.] O. require any school under its
|
0019| jurisdiction that sponsors athletic programs involving sports
|
0020| to mandate that the participating student obtain catastrophic
|
0021| health and accident insurance coverage, such coverage to be
|
0022| offered through the school and issued by an insurance company
|
0023| duly licensed pursuant to the laws of New Mexico;
|
0024| [O.] P. require all accrediting agencies for
|
0025| public schools in the state to act with its approval;
|
0001| [P.] Q. accept and receive all grants of money
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0002| from the federal government or any other agency for public
|
0003| school purposes and disburse the money in the manner and for
|
0004| the purpose specified in the grant;
|
0005| [Q.] R. require prior approval for any
|
0006| educational program in a public school that is to be conducted,
|
0007| sponsored, carried on or caused to be carried on by a private
|
0008| organization or agency;
|
0009| [R.] S. approve or disapprove all rules or
|
0010| regulations promulgated by any association or organization
|
0011| attempting to regulate any public school activity and
|
0012| invalidate any rule or regulation in conflict with any
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0013| regulation promulgated by the state board. The state board may
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0014| require performance and financial audits of any association or
|
0015| organization attempting to regulate any public school activity.
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0016| The state board shall have no power or control over the rules
|
0017| or regulations or the bylaws governing the administration of
|
0018| the internal organization of the association or organization;
|
0019| [S.] T. review decisions made by the governing
|
0020| board or officials of any organization or association
|
0021| regulating any public school activity, and any decision of the
|
0022| state board shall be final in respect thereto;
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0023| [T.] U. accept or reject any charitable gift,
|
0024| grant, devise or bequest. The particular gift, grant, devise
|
0025| or bequest accepted shall be considered an asset of the state;
|
0001| [U.] V. establish and maintain regional
|
0002| centers, at its discretion, for conducting cooperative services
|
0003| between public schools and school districts within and among
|
0004| those regions and to facilitate regulation and evaluation of
|
0005| school programs;
|
0006| [V.] W. assess and evaluate for accreditation
|
0007| purposes at least one-third of all public schools each year
|
0008| through visits by department of education personnel to
|
0009| investigate the adequacy of pupil gain in standard required
|
0010| subject matter, adequacy of pupil activities, functional
|
0011| feasibility of public school and school district organization,
|
0012| adequacy of staff preparation and other matters bearing upon
|
0013| the education of the students;
|
0014| [W.] X. provide for management and other
|
0015| necessary personnel to operate any public school or school
|
0016| district that has failed to meet requirements of law, state
|
0017| board standards or state board regulations; provided that the
|
0018| operation of the public school or school district shall not
|
0019| include any consolidation or reorganization without the
|
0020| approval of the local school board of that school district.
|
0021| Until such time as requirements of law, standards or
|
0022| regulations have been met and compliance is assured, the powers
|
0023| and duties of the local school board shall be suspended;
|
0024| [X.] Y. establish and implement a plan that
|
0025| provides for technical assistance to local school boards
|
0001| through workshops and other in-service training methods;
|
0002| provided, however, that no plan shall require mandatory
|
0003| attendance by any member of a local school board;
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0004| [Y.] Z. submit a plan applying for funds
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0005| available under Public Law 94-142 and disburse these funds in
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0006| the manner and for the purposes specified in the plan; and
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0007| [Z.] AA. enforce requirements for home schools.
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0008| Upon finding that a home school is not in compliance with law,
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0009| the state board shall have authority to order that a student
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0010| attend a public school or a private school."
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0011| Section 2. Section 22-15-4 NMSA 1978 (being Laws 1967,
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0012| Chapter 16, Section 208, as amended) is amended to read:
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0013| "22-15-4. BUREAU--DUTIES.--Subject to the policies and
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0014| regulations of the state board, the bureau shall:
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0015| A. administer the provisions of the Instructional
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0016| Material Law;
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0017| B. enforce regulations for the handling,
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0018| safekeeping and distribution of instructional material and for
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0019| inventory and accounting procedures to be followed by school
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0020| districts, state institutions, private schools and adult basic
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0021| education centers pursuant to the Instructional Material Law;
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0022| C. withdraw or withhold the privilege of
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0023| participating in the free use of instructional material in case
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0024| of any violation of or noncompliance with the provisions of the
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0025| Instructional Material Law or any regulations adopted pursuant
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0001| thereto; and
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0002| D. enforce regulations relating to the use and
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0003| operation of instructional material depositories [in the
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instructional material] for local school districts, state
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0005| institutions, private schools or adult basic education centers
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0006| that acquire instructional material through that distribution
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0007| process."
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0008| Section 3. Section 22-15-5 NMSA 1978 (being Laws 1967,
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0009| Chapter 16, Section 209, as amended) is amended to read:
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0010| "22-15-5. INSTRUCTIONAL MATERIAL FUND.--
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0011| A. The state treasurer shall establish a fund to be
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0012| known as the "instructional material fund".
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0013| B. The instructional material fund shall be used
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0014| for the purpose of paying for the cost of purchasing
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0015| instructional material pursuant to the Instructional Material
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0016| Law. Transportation charges for the delivery of instructional
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0017| material to a school district, a state institution, a private
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0018| school as agent or an adult basic education center [as
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agent] and emergency expenses incurred in providing
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0020| instructional material to students may be included as a cost of
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0021| purchasing instructional material. Charges for rebinding of
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0022| used instructional materials that appear on the multiple list
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0023| pursuant to Section 22-15-8 NMSA 1978 may also be included as a
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0024| cost of purchasing instructional material."
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0025| Section 4. Section 22-15-7 NMSA 1978 (being Laws 1967,
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0001| Chapter 16, Section 211, as amended) is amended to read:
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0002| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--
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0003| A. Any qualified student or person eligible to
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0004| become a qualified student attending a public school, a state
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0005| institution or a private school [approved] accredited by
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0006| the state board in any grade from first through the twelfth
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0007| grade of instruction is entitled to the free use of
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0008| instructional material. Any student enrolled in an early
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0009| childhood education program as defined by Section 22-13-3 NMSA
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0010| 1978 or person eligible to become an early childhood education
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0011| student as defined by that section attending a private early
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0012| childhood education program approved by the state board is
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0013| entitled to the free use of instructional material. Any
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0014| student in an adult basic education program approved by the
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0015| state board is entitled to the free use of instructional
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0016| material.
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0017| B. Instructional material shall be distributed to
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0018| school districts, state institutions, private schools as
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0019| agent and adult basic education centers [as agents] for the
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0020| benefit of students entitled to the free use of the
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0021| instructional material.
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0022| C. Any school district, state institution, private
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0023| school as agent or adult basic education center [as agent]
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0024| receiving instructional material pursuant to the Instructional
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0025| Material Law is responsible for distribution of the
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0001| instructional material for use [of] by eligible students
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0002| and for the safekeeping of the instructional material."
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0003| Section 5. Section 22-15-8 NMSA 1978 (being Laws 1967,
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0004| Chapter 16, Section 212, as amended) is amended to read:
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0005| "22-15-8. MULTIPLE LIST--SELECTION.--
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0006| A. The state board shall adopt a multiple list to
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0007| be made available to students pursuant to the Instructional
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0008| Material Law. The state board shall ensure that parents and
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0009| other community members are involved in the adoption process at
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0010| the state level.
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0011| B. Pursuant to the provisions of the Instructional
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0012| Material Law, each school district, state institution, private
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0013| school as agent or adult basic education center [as agent]
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0014| may select instructional material for the use of its students
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0015| from the multiple list adopted by the state board. Local
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0016| school boards shall give written notice to parents and other
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0017| community members and shall invite parental involvement in the
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0018| adoption process at the district level. Local school boards
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0019| shall also give public notice, which notice may include
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0020| publication in a newspaper of general circulation in the school
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0021| district."
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0022| Section 6. Section 22-15-10 NMSA 1978 (being Laws 1967,
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0023| Chapter 16, Section 214, as amended) is amended to read:
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0024| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL
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0025| MATERIAL.--
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0001| A. With the approval of the chief, instructional
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0002| material [distributed to] acquired by a school district,
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0003| state institution, private school or adult basic education
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0004| center pursuant to the Instructional Material Law may be sold
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0005| at a price determined by officials of the school district,
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0006| state institution, private school or adult basic education
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0007| center. The selling price shall not exceed the cost of the
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0008| instructional material to the state.
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0009| B. A school district, state institution, private
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0010| school as agent or adult basic education center [as agent]
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0011| may hold the parent, guardian or student responsible for the
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0012| loss, damage or destruction of instructional material while the
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0013| instructional material [was] is in the possession of the
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0014| student. A school district may withhold the grades, diploma
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0015| and transcripts of the student responsible for damage or loss
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0016| of instructional material until the parent, guardian or student
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0017| has paid for the damage or loss. When a parent, guardian or
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0018| student is unable to pay for damage or loss, the school
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0019| district shall work with the parent, guardian or student to
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0020| develop an alternative program in lieu of payment. Where a
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0021| parent or guardian is determined to be indigent according to
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0022| guidelines established by the state board [of education], the
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0023| local school district shall bear the cost.
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0024| C. All money collected by a school district, state
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0025| institution, private school as agent or adult basic education
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0001| center [as agent] for the sale, loss, damage or destruction
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0002| of instructional material received pursuant to the
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0003| Instructional Material Law shall be [transmitted] sent to
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0004| the department of education. The department of education
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0005| shall credit the instructional material account of the school
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0006| district, state institution, private school or adult basic
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0007| education center and deposit the money received with the state
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0008| treasurer for credit to the instructional material fund. The
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0009| department of education shall account for and distribute
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0010| materials pursuant to procedures established by the department
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0011| of education.
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0012| D. Upon order of the chief, a school district,
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0013| state institution, private school or adult basic education
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0014| center shall transfer as ordered to the department of education
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0015| or its designee instructional material purchased directly from
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0016| a publisher or his agent or purchased from [the] an
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0017| instructional material [fund which] depository that is in
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0018| usable condition and for [that] which there is no use
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0019| expected by the respective schools."
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0020| Section 7. Section 22-15-11 NMSA 1978 (being Laws 1967,
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0021| Chapter 16, Section 215, as amended) is amended to read:
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0022| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL. [A. The
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division shall keep accurate records of the cost of all
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instructional material distributed pursuant to the
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Instructional Material Law.
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B.] Each school district, state institution,
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0002| private school or adult basic education center shall keep
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0003| accurate records of all instructional material distributed to
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0004| it, including the cost of the material, pursuant to the
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0005| Instructional Material Law on forms and by procedures
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0006| prescribed by the division."
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0007| Section 8. Section 22-15-12 NMSA 1978 (being Laws 1967,
|
0008| Chapter 16, Section 216, as amended) is amended to read:
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0009| "22-15-12. ANNUAL REPORT.--Annually, at a time specified
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0010| by the department of education, each local school board of a
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0011| school district and each governing authority of a state
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0012| institution, private school or adult basic education center
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0013| [receiving] that acquires instructional material pursuant
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0014| to the Instructional Material Law shall file a report with the
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0015| department of education."
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0016| Section 9. Section 22-15-13 NMSA 1978 (being Laws 1967,
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0017| Chapter 16, Section 217, as amended by Laws 1993, Chapter 156,
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0018| Section 6 and by Laws 1993, Chapter 226, Section 44) is amended
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0019| to read:
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0020| "22-15-13. CONTRACTS WITH PUBLISHERS.--
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0021| A. The state board may enter into a contract with a
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0022| publisher or [a publisher's] his authorized agent for the
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0023| purchase and delivery of instructional material selected from
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0024| the multiple list adopted by the state board.
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0025| B. [Payment for] Instructional material purchased
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0001| [by] pursuant to a contract between the state board and a
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0002| publisher or his authorized agent on behalf of a school
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0003| district, state institution, private school or adult basic
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0004| education center shall be [made] paid for only upon
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0005| performance of the contract and the delivery and receipt of the
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0006| instructional material.
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0007| C. Each publisher or [publisher's] his
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0008| authorized agent contracting with the state for the sale of
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0009| instructional material shall agree:
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0010| (1) to file a copy of each item of
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0011| instructional material to be furnished under the contract with
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0012| the state board with a certificate attached identifying it as
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0013| an exact copy of the item of instructional material to be
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0014| furnished under the contract;
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0015| (2) that the instructional material furnished
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0016| pursuant to the contract shall be of the same quality in regard
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0017| to paper, binding, printing, illustrations, subject matter and
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0018| authorship as the copy filed with the state board; and
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0019| (3) that if instructional material under the
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0020| contract is sold elsewhere in the United States for a price
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0021| less than that agreed upon in the contract with the state, the
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0022| price to the state shall be reduced to the same amount."
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0023| State of New Mexico
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0024| House of Representatives
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| February 19, 1997
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0006|
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0007|
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0008| Mr. Speaker:
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0009|
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0010| Your EDUCATION COMMITTEE, to whom has been referred
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0011|
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0012| HOUSE BILLS 73 and 193
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0013|
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0014| has had them under consideration and reports same with
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0015| recommendation that they DO NOT PASS, but that
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0016|
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0017| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
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0018| HOUSE BILLS 73 and 193
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0019|
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0020| DO PASS, and thence referred to the APPROPRIATIONS AND
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0021| FINANCE COMMITTEE.
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0022|
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0023|
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Samuel F. Vigil, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
|
0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 9 For 0 Against
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0016| Yes: 9
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0017| Excused: Mallory, Nicely, S.M. Williams, Wright
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0018| Absent: None
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0019|
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0073 HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0023| HOUSE BILL 73 AND 193
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0024| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0025|
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| AN ACT
|
0008| RELATING TO EDUCATION; ALLOWING LOCAL SCHOOL DISTRICTS, STATE
|
0009| INSTITUTIONS, PRIVATE SCHOOLS OR ADULT BASIC EDUCATION CENTERS
|
0010| THE OPTION OF PURCHASING INSTRUCTIONAL MATERIAL DIRECTLY FROM A
|
0011| PUBLISHER; INCREASING DISTRIBUTIONS FROM INSTRUCTIONAL MATERIAL
|
0012| ACCOUNTS; AMENDING SECTIONS OF THE PUBLIC SCHOOL CODE.
|
0013|
|
0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0015| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967,
|
0016| Chapter 16, Section 5, as amended) is amended to read:
|
0017| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
|
0018| powers granted to the state board pursuant to Section 22-2-1
|
0019| NMSA 1978, the state board shall perform the following duties:
|
0020| A. properly and uniformly enforce the provisions of
|
0021| the Public School Code;
|
0022| B. determine policy for the operation of all public
|
0023| schools and vocational education programs in the state;
|
0024| C. appoint a state superintendent;
|
0025| D. adopt regulations to administer the purchase
|
0001| and loan of instructional material to students pursuant to
|
0002| the Instructional Material Law [and adopt regulations relating
|
to the use and operation of instructional material depositories
|
in the instructional material distribution process];
|
0005| E. adopt regulations to allow school districts,
|
0006| state institutions, private schools and adult basic education
|
0007| centers the option of acquiring state adopted instructional
|
0008| material directly from a publisher or his authorized agent;
|
0009| [E.] F. designate courses of instruction to be
|
0010| taught in all public schools in the state;
|
0011| [F.] G. assess and evaluate all state
|
0012| institutions and those private schools that desire state
|
0013| accreditation;
|
0014| [G.] H. determine the qualifications for and
|
0015| issue a certificate to any person teaching, assisting teachers,
|
0016| supervising an instructional program, counseling, providing
|
0017| special instructional services or administering in public
|
0018| schools, according to law and according to a system of
|
0019| classification adopted and published by the state board;
|
0020| [H.] I. suspend or revoke a certificate held by
|
0021| a certified school instructor or certified school
|
0022| administrator, according to law, for incompetency, immorality
|
0023| or for any other good and just cause;
|
0024| [I.] J. make full and complete reports on
|
0025| consolidation of school districts to the legislature;
|
0001| [J.] K. prescribe courses of instruction,
|
0002| requirements for graduation and standards for all public
|
0003| schools, for private schools seeking state accreditation and
|
0004| for the educational programs conducted in state institutions
|
0005| other than New Mexico military institute;
|
0006| [K.] L. adopt regulations for the
|
0007| administration of all public schools and bylaws for its own
|
0008| administration;
|
0009| [L.] M. require periodic reports on forms
|
0010| prescribed by it from all public schools and attendance reports
|
0011| from private schools;
|
0012| [M.] N. authorize adult educational programs to be
|
0013| conducted in schools under its jurisdiction and promulgate and
|
0014| publish regulations governing all such adult educational programs;
|
0015| [N.] O. require any school under its jurisdiction
|
0016| that sponsors athletic programs involving sports to mandate that
|
0017| the participating student obtain catastrophic health and accident
|
0018| insurance coverage, such coverage to be offered through the school
|
0019| and issued by an insurance company duly licensed pursuant to the
|
0020| laws of New Mexico;
|
0021| [O.] P. require all accrediting agencies for
|
0022| public schools in the state to act with its approval;
|
0023| [P.] Q. accept and receive all grants of money
|
0024| from the federal government or any other agency for public school
|
0025| purposes and disburse the money in the manner and for the purpose
|
0001| specified in the grant;
|
0002| [Q.] R. require prior approval for any educational
|
0003| program in a public school that is to be conducted, sponsored,
|
0004| carried on or caused to be carried on by a private organization or
|
0005| agency;
|
0006| [R.] S. approve or disapprove all rules or
|
0007| regulations promulgated by any association or organization
|
0008| attempting to regulate any public school activity and invalidate
|
0009| any rule or regulation in conflict with any regulation promulgated
|
0010| by the state board. The state board may require performance and
|
0011| financial audits of any association or organization attempting to
|
0012| regulate any public school activity. The state board shall have
|
0013| no power or control over the rules or regulations or the bylaws
|
0014| governing the administration of the internal organization of the
|
0015| association or organization;
|
0016| [S.] T. review decisions made by the governing
|
0017| board or officials of any organization or association regulating
|
0018| any public school activity, and any decision of the state board
|
0019| shall be final in respect thereto;
|
0020| [T.] U. accept or reject any charitable gift,
|
0021| grant, devise or bequest. The particular gift, grant, devise or
|
0022| bequest accepted shall be considered an asset of the state;
|
0023| [U.] V. establish and maintain regional centers,
|
0024| at its discretion, for conducting cooperative services between
|
0025| public schools and school districts within and among those regions
|
0001| and to facilitate regulation and evaluation of school programs;
|
0002| [V.] W. assess and evaluate for accreditation
|
0003| purposes at least one-third of all public schools each year
|
0004| through visits by department of education personnel to investigate
|
0005| the adequacy of pupil gain in standard required subject matter,
|
0006| adequacy of pupil activities, functional feasibility of public
|
0007| school and school district organization, adequacy of staff
|
0008| preparation and other matters bearing upon the education of the
|
0009| students;
|
0010| [W.] X. provide for management and other necessary
|
0011| personnel to operate any public school or school district that has
|
0012| failed to meet requirements of law, state board standards or state
|
0013| board regulations; provided that the operation of the public
|
0014| school or school district shall not include any consolidation or
|
0015| reorganization without the approval of the local school board of
|
0016| that school district. Until such time as requirements of law,
|
0017| standards or regulations have been met and compliance is assured,
|
0018| the powers and duties of the local school board shall be
|
0019| suspended;
|
0020| [X.] Y. establish and implement a plan that
|
0021| provides for technical assistance to local school boards through
|
0022| workshops and other in-service training methods; provided,
|
0023| however, that no plan shall require mandatory attendance by any
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0024| member of a local school board;
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0025| [Y.] Z. submit a plan applying for funds available
|
0001| under Public Law 94-142 and disburse these funds in the manner and
|
0002| for the purposes specified in the plan; and
|
0003| [Z.] AA. enforce requirements for home schools.
|
0004| Upon finding that a home school is not in compliance with law, the
|
0005| state board shall have authority to order that a student attend a
|
0006| public school or a private school."
|
0007| Section 2. Section 22-15-4 NMSA 1978 (being Laws 1967,
|
0008| Chapter 16, Section 208, as amended) is amended to read:
|
0009| "22-15-4. BUREAU--DUTIES.--Subject to the policies and
|
0010| regulations of the state board, the bureau shall:
|
0011| A. administer the provisions of the Instructional
|
0012| Material Law;
|
0013| B. enforce regulations for the handling, safekeeping
|
0014| and distribution of instructional material and for inventory and
|
0015| accounting procedures to be followed by school districts, state
|
0016| institutions, private schools and adult basic education centers
|
0017| pursuant to the Instructional Material Law;
|
0018| C. withdraw or withhold the privilege of participating
|
0019| in the free use of instructional material in case of any violation
|
0020| of or noncompliance with the provisions of the Instructional
|
0021| Material Law or any regulations adopted pursuant thereto; and
|
0022| D. enforce regulations relating to the use and
|
0023| operation of instructional material depositories [in the
|
instructional material] for local school districts, state
|
0025| institutions, private schools or adult basic education centers
|
0001| that acquire instructional material through that distribution
|
0002| process."
|
0003| Section 3. Section 22-15-5 NMSA 1978 (being Laws 1967,
|
0004| Chapter 16, Section 209, as amended) is amended to read:
|
0005| "22-15-5. INSTRUCTIONAL MATERIAL FUND.--
|
0006| A. The state treasurer shall establish a fund to be
|
0007| known as the "instructional material fund".
|
0008| B. The instructional material fund shall be used for
|
0009| the purpose of paying for the cost of purchasing instructional
|
0010| material pursuant to the Instructional Material Law.
|
0011| Transportation charges for the delivery of instructional material
|
0012| to a school district, a state institution, a private school as
|
0013| agent or an adult basic education center [as agent] and
|
0014| emergency expenses incurred in providing instructional material to
|
0015| students may be included as a cost of purchasing instructional
|
0016| material. Charges for rebinding of used instructional materials
|
0017| that appear on the multiple list pursuant to Section 22-15-8 NMSA
|
0018| 1978 may also be included as a cost of purchasing instructional
|
0019| material."
|
0020| Section 4. Section 22-15-7 NMSA 1978 (being Laws 1967,
|
0021| Chapter 16, Section 211, as amended) is amended to read:
|
0022| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--
|
0023| A. Any qualified student or person eligible to become
|
0024| a qualified student attending a public school, a state institution
|
0025| or a private school [approved] accredited by the state board
|
0001| in any grade from first through the twelfth grade of instruction
|
0002| is entitled to the free use of instructional material. Any
|
0003| student enrolled in an early childhood education program as
|
0004| defined by Section 22-13-3 NMSA 1978 or person eligible to become
|
0005| an early childhood education student as defined by that section
|
0006| attending a private early childhood education program approved by
|
0007| the state board is entitled to the free use of instructional
|
0008| material. Any student in an adult basic education program
|
0009| approved by the state board is entitled to the free use of
|
0010| instructional material.
|
0011| B. Instructional material shall be distributed to
|
0012| school districts, state institutions, private schools as agent
|
0013| and adult basic education centers [as agents] for the benefit of
|
0014| students entitled to the free use of the instructional material.
|
0015| C. Any school district, state institution, private
|
0016| school as agent or adult basic education center [as agent]
|
0017| receiving instructional material pursuant to the Instructional
|
0018| Material Law is responsible for distribution of the instructional
|
0019| material for use [of] by eligible students and for the
|
0020| safekeeping of the instructional material."
|
0021| Section 5. Section 22-15-8 NMSA 1978 (being Laws 1967,
|
0022| Chapter 16, Section 212, as amended) is amended to read:
|
0023| "22-15-8. MULTIPLE LIST--SELECTION.--
|
0024| A. The state board shall adopt a multiple list to be
|
0025| made available to students pursuant to the Instructional Material
|
0001| Law. The state board shall ensure that parents and other
|
0002| community members are involved in the adoption process at the
|
0003| state level.
|
0004| B. Pursuant to the provisions of the Instructional
|
0005| Material Law, each school district, state institution, private
|
0006| school as agent or adult basic education center [as agent] may
|
0007| select instructional material for the use of its students from the
|
0008| multiple list adopted by the state board. Local school boards
|
0009| shall give written notice to parents and other community members
|
0010| and shall invite parental involvement in the adoption process at
|
0011| the district level. Local school boards shall also give public
|
0012| notice, which notice may include publication in a newspaper of
|
0013| general circulation in the school district."
|
0014| Section 6. Section 22-15-10 NMSA 1978 (being Laws 1967,
|
0015| Chapter 16, Section 214, as amended) is amended to read:
|
0016| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL
|
0017| MATERIAL.--
|
0018| A. With the approval of the chief, instructional
|
0019| material [distributed to] acquired by a school district, state
|
0020| institution, private school or adult basic education center
|
0021| pursuant to the Instructional Material Law may be sold at a price
|
0022| determined by officials of the school district, state institution,
|
0023| private school or adult basic education center. The selling price
|
0024| shall not exceed the cost of the instructional material to the
|
0025| state.
|
0001| B. A school district, state institution, private
|
0002| school as agent or adult basic education center [as agent] may
|
0003| hold the parent, guardian or student responsible for the loss,
|
0004| damage or destruction of instructional material while the
|
0005| instructional material [was] is in the possession of the
|
0006| student. A school district may withhold the grades, diploma and
|
0007| transcripts of the student responsible for damage or loss of
|
0008| instructional material until the parent, guardian or student has
|
0009| paid for the damage or loss. When a parent, guardian or student
|
0010| is unable to pay for damage or loss, the school district shall
|
0011| work with the parent, guardian or student to develop an
|
0012| alternative program in lieu of payment. Where a parent or
|
0013| guardian is determined to be indigent according to guidelines
|
0014| established by the state board [of education], the local school
|
0015| district shall bear the cost.
|
0016| C. All money collected by a school district, state
|
0017| institution, private school as agent or adult basic education
|
0018| center [as agent] for the sale, loss, damage or destruction of
|
0019| instructional material received pursuant to the Instructional
|
0020| Material Law shall be [transmitted] sent to the department of
|
0021| education. The department of education shall credit the
|
0022| instructional material account of the school district, state
|
0023| institution, private school or adult basic education center and
|
0024| deposit the money received with the state treasurer for credit to
|
0025| the instructional material fund. The department of education
|
0001| shall account for and distribute materials pursuant to procedures
|
0002| established by the department of education.
|
0003| D. Upon order of the chief, a school district, state
|
0004| institution, private school or adult basic education center shall
|
0005| transfer as ordered to the department of education or its designee
|
0006| instructional material [purchased from the instructional
|
material fund which] acquired directly from a publisher or his
|
0008| authorized agent that is in usable condition and for [that]
|
0009| which there is no use expected by the respective schools."
|
0010| Section 7. Section 22-15-9 NMSA 1978 (being Laws 1967,
|
0011| Chapter 16, Section 213, as amended) is amended to read:
|
0012| "22-15-9. INSTRUCTIONAL MATERIAL ACCOUNTS--CREDIT
|
0013| ALLOCATIONS.--
|
0014| A. The department of education shall establish a
|
0015| separate instructional material account for each school district,
|
0016| state institution, private school or adult basic education center
|
0017| in the state having students in attendance entitled to the free
|
0018| use of instructional material pursuant to the Instructional
|
0019| Material Law.
|
0020| B. On or before July 1 of each year, the department of
|
0021| education shall allocate credit to the instructional material
|
0022| account of each school district, state institution or private
|
0023| school not less than ninety percent of its estimated entitlement
|
0024| as determined from the estimated forty-day membership for the next
|
0025| school year. A school district's, state institution's or private
|
0001| school's entitlement is that portion of the total amount of the
|
0002| annual appropriation less a deduction for a reasonable reserve for
|
0003| transportation charges and emergency expenses that its forty-day
|
0004| membership bears to the forty-day membership of the entire state.
|
0005| The allocation for adult basic education shall be based on a
|
0006| full-time-equivalency obtained by multiplying the total previous
|
0007| year's enrollment by .25. For the purpose of this allocation,
|
0008| additional pupils shall be counted as four pupils.
|
0009| On or before January 15 of each year, the department of
|
0010| education shall recompute each entitlement using the forty-day
|
0011| membership for that year, except for adult basic education, and
|
0012| shall allocate the balance of the annual appropriation
|
0013| compensating for any over- or under-estimation of credit made in
|
0014| the first allocation. In the event the funds remaining for this
|
0015| allocation are insufficient to compensate for an over- or
|
0016| under-estimation of credit made in the first allocation, the final
|
0017| recomputed over- or under-allocation of credit shall be carried
|
0018| forward by the department of education to be credited or debited
|
0019| to the allocation for the ensuing school year.
|
0020| C. An amount not to exceed [thirty] forty percent
|
0021| of total credit allocations attributed to each individual
|
0022| instructional material account [shall], at the request of the
|
0023| local school district or the appropriate governing body and
|
0024| institution, shall be distributed directly to each public school
|
0025| district or state institution [or adult basic education
|
center] for instructional materials not included on the multiple
|
0002| list provided for in Section 22-15-8 NMSA 1978. Adult basic
|
0003| education centers may expend up to one hundred percent of their
|
0004| instructional material funds for items that are not on the
|
0005| multiple list.
|
0006| D. Any balance remaining in an instructional material
|
0007| account of a school district, state institution, private school or
|
0008| adult basic education center at the end of the fiscal year shall
|
0009| remain available for expenditure in subsequent years."
|
0010| Section 8. Section 22-15-11 NMSA 1978 (being Laws 1967,
|
0011| Chapter 16, Section 215, as amended) is amended to read:
|
0012| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL. [A. The
|
division shall keep accurate records of the cost of all
|
instructional material distributed pursuant to the Instructional
|
Material Law.
|
B.] Each school district, state institution, private
|
0017| school or adult basic education center shall keep accurate records
|
0018| of all instructional material distributed to it, including the
|
0019| cost of the material, pursuant to the Instructional Material Law
|
0020| on forms and by procedures prescribed by the division."
|
0021| Section 9. Section 22-15-12 NMSA 1978 (being Laws 1967,
|
0022| Chapter 16, Section 216, as amended) is amended to read:
|
0023| "22-15-12. ANNUAL REPORT.--Annually, at a time specified by
|
0024| the department of education, each local school board of a school
|
0025| district and each governing authority of a state institution,
|
0001| private school or adult basic education center [receiving] that
|
0002| acquires instructional material pursuant to the Instructional
|
0003| Material Law shall file a report with the department of
|
0004| education."
|
0005| Section 10. Section 22-15-13 NMSA 1978 (being Laws 1967,
|
0006| Chapter 16, Section 217, as amended by Laws 1993, Chapter 156,
|
0007| Section 6 and by Laws 1993, Chapter 226, Section 44) is amended to
|
0008| read:
|
0009| "22-15-13. CONTRACTS WITH PUBLISHERS.--
|
0010| A. The state board may enter into a contract with a
|
0011| publisher or [a publisher's] his authorized agent for the
|
0012| purchase and delivery of instructional material selected from the
|
0013| multiple list adopted by the state board.
|
0014| B. [Payment for] Instructional material purchased
|
0015| [by] pursuant to a contract between the state board and a
|
0016| publisher or his authorized agent on behalf of a school district,
|
0017| state institution, private school or adult basic education center
|
0018| shall be [made] paid for only upon performance of the contract
|
0019| and the delivery and receipt of the instructional material.
|
0020| C. Each publisher or [publisher's] his authorized
|
0021| agent contracting with the state for the sale of instructional
|
0022| material shall agree:
|
0023| (1) to file a copy of each item of instructional
|
0024| material to be furnished under the contract with the state board
|
0025| with a certificate attached identifying it as an exact copy of the
|
0001| item of instructional material to be furnished under the contract;
|
0002| (2) that the instructional material furnished
|
0003| pursuant to the contract shall be of the same quality in regard to
|
0004| paper, binding, printing, illustrations, subject matter and
|
0005| authorship as the copy filed with the state board; and
|
0006| (3) that if instructional material under the
|
0007| contract is sold elsewhere in the United States for a price less
|
0008| than that agreed upon in the contract with the state, the price to
|
0009| the state shall be reduced to the same amount."
|
0010|
|