0001| HOUSE BILL 1219 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| LARRY A. LARRANAGA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; ENACTING THE PARENT CHOICE IN EDUCATION | 0012| ACT; ESTABLISHING A SCHOOL CHOICE CERTIFICATE PROGRAM FOR LOW- | 0013| INCOME AT-RISK STUDENTS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "Parent Choice in Education Act". | 0018| Section 2. DEFINITIONS.--As used in the Parent Choice in | 0019| Education Act: | 0020| A. "department" means the state department of | 0021| public education; | 0022| B. "parent" means a natural parent, legal guardian | 0023| or any person having legal or effective custody of a student; | 0024| C. "private school" means a school offering on-site | 0025| programs of instruction not under the control, supervision or | 0001| management of a local school board, exclusive of home | 0002| instruction; and | 0003| D. "school choice certificate" means an instrument | 0004| issued to parents that represents an amount of money to pay for | 0005| educational services provided to a student in a private school. | 0006| Section 3. ESTABLISHMENT OF SCHOOL CHOICE CERTIFICATE | 0007| PROGRAM--PURPOSE--ELIGIBILITY--ADMINISTRATION.-- | 0008| A. The purpose of the school choice certificate | 0009| program is to provide alternative educational opportunities to | 0010| low-income at-risk students in grades one through eight and to | 0011| encourage active parental involvement with the goal of | 0012| improving the educational outcome for these students. | 0013| B. Participation in the school choice certificate | 0014| program shall be open to students currently enrolled in public | 0015| school who are considered at risk and are from families whose | 0016| income is at or below federal poverty guidelines. A parent | 0017| shall enroll the student in the school choice certificate | 0018| program. Enrollment constitutes agreement to comply with the | 0019| requirements of the program. | 0020| D. The department shall develop and administer the | 0021| school choice certificate program and shall establish | 0022| procedures for enrollment in the program and distribution and | 0023| redemption of school choice certificates. Full implementation | 0024| of the school choice certificate program shall be accomplished | 0025| no later than the beginning of fiscal year 1999. Specific and | 0001| realistic schedules for implementation shall be determined by | 0002| the department and participating private schools. | 0003| Section 4. SCHOOL CHOICE CERTIFICATES--VALUE--FUNDING.-- | 0004| A. The value of a school choice certificate shall | 0005| be two thousand five hundred dollars ($2,500). | 0006| B. School choice certificates shall be funded from | 0007| money appropriated to the department. | 0008| Section 5. ISSUANCE OF SCHOOL CHOICE CERTIFICATES.--The | 0009| department shall issue school choice certificates by June 15 of | 0010| each year to parents who shall submit them to the participating | 0011| school of their choice by July 15. The schools shall submit | 0012| the school choice certificates for payment as agents of the | 0013| parents to the department by August 1. The department as agent | 0014| of the parents shall pay the value of the school choice | 0015| certificates in two equal payments to the schools, one on | 0016| September 1 and one on January 1. Appropriate adjustments | 0017| shall be made for partial- year enrollment and transfers. | 0018| Reasonable requirements for verifying enrollment shall be | 0019| established by the department. | 0020| Section 6. ADMISSIONS.--Admission of a student | 0021| participating in the school choice certificate program shall be | 0022| governed by policies established by the school. Nothing in the | 0023| Parent Choice in Education Act shall be construed to require | 0024| any participating school to admit or retain any student in | 0025| violation of school policies; provided that no participating | 0001| school shall deny a student admission on the basis of race, | 0002| color or national origin. | 0003| Section 7. PARTICIPATION BY SCHOOLS.--Participation in | 0004| the school choice certificate program by private schools is | 0005| optional and is open to any private schools in the state, | 0006| providing it supplies documentation satisfactory to the | 0007| department of compliance with all applicable fire, safety and | 0008| health requirements. No private school shall be ineligible to | 0009| participate in the school choice certificate program because it | 0010| teaches moral values, philosophy or religion. A private school | 0011| redeeming school choice certificates shall not be considered a | 0012| recipient of federal assistance. | 0013| Section 8. CONTINUED PARTICIPATION BY STUDENTS.--In order | 0014| for a student to remain eligible for participation in the | 0015| school choice certificate program for a second year and | 0016| subsequent school years, the school the student is attending | 0017| must certify to the department by May 15 of each school year | 0018| that the parent of the student is fully participating in | 0019| appropriate support activities and the student's performance | 0020| and behavior are satisfactory. If the school does not so | 0021| certify, the student shall be ineligible to continue in the | 0022| school choice certificate program in the next school year. At | 0023| the end of a student's second year at a participating school, | 0024| the school shall conduct a review of the student's academic | 0025| achievement. If the student's academic achievement has not | 0001| shown improvement, the school shall notify the department, and | 0002| the student shall be ineligible to continue in the school | 0003| choice certificate program in subsequent school years. | 0004|  |