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