0001| SENATE BILL 641
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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| JOHN PINTO
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0005|
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0006|
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0007|
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0008| FOR THE INDIAN AFFAIRS COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; AMENDING THE CHARTER SCHOOLS ACT TO
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0012| INCLUDE FEDERAL BUREAU OF INDIAN AFFAIRS SCHOOLS, TO REMOVE THE
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0013| RESTRICTION ON THE NUMBER OF CHARTER SCHOOLS ALLOWED AND TO
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0014| CHANGE CRITERIA FOR THE ESTABLISHMENT OF A CHARTER SCHOOL;
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0015| AMENDING SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 22-8A-2 NMSA 1978 (being Laws 1993,
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0019| Chapter 227, Section 2) is amended to read:
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0020| "22-8A-2. DEFINITIONS.--As used in the Charter Schools
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0021| Act:
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0022| A. "bureau of Indian affairs agency" means the
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0023| office within the bureau of Indian affairs of the United States
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0024| department of the interior that regulates bureau of Indian
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0025| affairs funded schools;
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0001| B. "bureau of Indian affairs school" means a school
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0002| operated by the bureau of Indian affairs of the United States
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0003| department of the interior or funded by the bureau but
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0004| privately operated;
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0005| [A.] C. "charter school" means an individual
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0006| school within a school district, authorized by the state board
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0007| to develop and implement an alternative educational curriculum
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0008| and authorized by law to develop and utilize a school-based
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0009| budget and an individual bureau of Indian affairs school
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0010| within a bureau of Indian affairs agency recognized by the
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0011| state board through an accreditation process acceptable to the
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0012| state board; and
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0013| [B.] D. "state board" means the state board of
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0014| education."
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0015| Section 2. Section 22-8A-3 NMSA 1978 (being Laws 1993,
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0016| Chapter 227, Section 3) is amended to read:
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0017| "22-8A-3. PURPOSE.--The purpose of the Charter Schools
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0018| Act is to enable individual schools, including bureau of
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0019| Indian affairs schools, to restructure their educational
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0020| curriculum to encourage the use of different and innovative
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0021| teaching methods and to enable individual schools within a
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0022| school district to be responsible for site-based budgeting and
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0023| expenditures."
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0024| Section 3. Section 22-8A-4 NMSA 1978 (being Laws 1993,
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0025| Chapter 227, Section 4) is amended to read:
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0001| "22-8A-4. CHARTER SCHOOLS AUTHORIZED.--
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0002| A. The state board may authorize any school within
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0003| [local] a school [districts] district or bureau of
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0004| Indian affairs agency to become a charter school.
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0005| B. The state board may authorize the existence of a
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0006| charter school for a period not to exceed five years. At the
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0007| end of five years, a charter school may reapply to the state
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0008| board to continue operation of the charter school.
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0009| [C. The state board shall not authorize the
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existence of more than five charter schools in the state.]"
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0011| Section 4. Section 22-8A-5 NMSA 1978 (being Laws 1993,
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0012| Chapter 227, Section 5) is amended to read:
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0013| "22-8A-5. CHARTER SCHOOLS CREATED.--
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0014| A. An individual [schools] school wishing to
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0015| become a charter [schools] school shall apply through
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0016| [their] its local school board to the state board for
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0017| authorization to become a charter [schools] school. In
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0018| transmitting the application to the state board, the local
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0019| school board may include a recommendation regarding the
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0020| establishment of that charter school.
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0021| B. The state board may authorize the existence of a
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0022| charter school upon a finding that:
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0023| (1) not less than [sixty-five] fifty-one
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0024| percent of the [teachers in the] school [have] staff has
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0025| signed a petition in support of that school becoming a charter
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0001| school;
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0002| (2) parents of children in the proposed
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0003| charter school have had substantial involvement in the
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0004| development of the charter school proposal and support the
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0005| establishment of the charter school;
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0006| (3) the school proposing to become a charter
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0007| school has submitted to the state board a comprehensive plan
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0008| for implementing alternative education curricula at the school;
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0009| [and]
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0010| (4) [the] a school within a school
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0011| district proposing to become a charter school [shall
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provide] has provided a detailed proposed budget to meet
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0013| anticipated educational and administrative costs of the charter
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0014| school; and
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0015| (5) the school proposing to become a charter
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0016| school has submitted a plan and developed bylaws to elect a
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0017| community school board with full authority of a school
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0018| district, authorized by the state board, for the purpose of
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0019| operating the charter school. Oversight shall be maintained by
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0020| the local school district of the individual school."
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0021| Section 5. Section 22-8A-6 NMSA 1978 (being Laws 1993,
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0022| Chapter 227, Section 6) is amended to read:
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0023| "22-8A-6. CHARTER SCHOOLS--COMPLIANCE WITH PUBLIC SCHOOL
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0024| CODE EXCEPTIONS.--
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0025| A. A charter school shall comply with all
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0001| provisions of the Public School Code; provided that the charter
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0002| school may request and the state board may grant a waiver of
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0003| certain provisions of the Public School Code for the purpose of
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0004| operating the charter school. The state board may grant
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0005| [waivers] a waiver to a charter school for the purpose of
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0006| providing class size and structure flexibility, alternative
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0007| curriculum opportunities and alternative budget opportunities.
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0008| B. The provisions of this section do not apply to
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0009| bureau of Indian affairs schools. Bureau of Indian affairs
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0010| schools shall comply with comparable rules and regulations
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0011| under federal law and in accordance with accreditation
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0012| standards acceptable to the state board. The federally
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0013| recognized tribe on whose land the school is located shall not
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0014| waive any sovereign right. A bureau of Indian affairs charter
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0015| school may request and the state board shall grant a waiver of
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0016| certain provisions of the school's accreditation requirements,
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0017| the department of education's licensure requirements and other
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0018| relevant department requirements for the purpose of operating
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0019| the charter school."
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0020| Section 6. Section 22-8-6 NMSA 1978 (being Laws 1967,
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0021| Chapter 16, Section 60, as amended by Laws 1993, Chapter 224,
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0022| Section 2 and also by Laws 1993, Chapter 227, Section 9) is
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0023| amended to read:
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0024| "22-8-6. BUDGETS--SUBMISSION--FAILURE TO SUBMIT.--
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0025| A. Prior to April 15 of each year and in
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0001| consultation with the community school board, each local
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0002| school board shall submit to the department an estimated budget
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0003| for the school district for the ensuing fiscal year. Upon
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0004| written approval [of] by the state superintendent, the date
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0005| for the submission of the estimated budget as required by this
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0006| section may be extended to a later date fixed by the state
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0007| superintendent.
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0008| B. The estimated budget required by this section
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0009| may include:
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0010| (1) estimates of the cost of insurance
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0011| policies for periods up to five years if a lower rate may be
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0012| obtained by purchasing insurance for the longer term; or
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0013| (2) estimates of the cost of contracts for the
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0014| transportation of students for terms extending up to four
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0015| years.
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0016| C. The estimated budget required by this section
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0017| shall include a proposed breakdown for charter schools in the
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0018| [local] school district, by individual charter school, of the
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0019| membership projected for each charter school, the total program
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0020| units generated at that charter school and approximate
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0021| anticipated disbursements and expenditures at each charter
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0022| school. This information shall be prepared in consultation
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0023| with each community school board of each charter school within
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0024| the school district.
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0025| D. If a local school board fails to submit a budget
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0001| pursuant to this section, the department shall prepare the
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0002| estimated budget for the school district for the ensuing fiscal
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0003| year. A local school board shall be considered as failing to
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0004| submit a budget pursuant to this section if the budget
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0005| submitted exceeds the total projected resources of the school
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0006| district or if the budget submitted does not comply with the
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0007| law or the manual of accounting and budgeting of the
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0008| department.
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0009| E. The provisions of this section do not apply to
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0010| schools operated by the bureau of Indian affairs of the United
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0011| States department of the interior or funded by the bureau but
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0012| privately operated."
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0013| Section 7. Section 22-8-6.1 NMSA 1978 (being Laws 1993,
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0014| Chapter 227, Section 8) is amended to read:
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0015| "22-8-6.1. CERTAIN SCHOOL DISTRICT BUDGETS.--
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0016| A. In those school districts with authorized
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0017| charter schools, each charter school shall submit to the local
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0018| school board a school-based budget through its community
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0019| school board. The budget shall be based upon the projected
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0020| total MEM at that school and the projected number of program
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0021| units generated by students at that individual school. The
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0022| budget shall be submitted to the local school board for
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0023| approval or amendment. Upon final approval of the budget by
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0024| the local school board, the individual school budget shall be
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0025| included in the budget submission to the department [of
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education] required pursuant to the Public School Finance Act
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0002| and required pursuant to the Charter Schools Act.
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0003| B. The provisions of this section do not apply to
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0004| schools operated by the bureau of Indian affairs of the United
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0005| States department of the interior or funded by the bureau but
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0006| privately operated."
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0007| Section 8. Section 22-8-15 NMSA 1978 (being Laws 1967,
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0008| Chapter 16, Section 70, as amended by Laws 1993, Chapter 224,
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0009| Section 3 and also by Laws 1993, Chapter 227, Section 10) is
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0010| amended to read:
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0011| "22-8-15. ALLOCATION LIMITATION.--
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0012| A. The department shall determine the allocations
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0013| to each school district from each of the distributions of the
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0014| public school fund, subject to the limits established by law.
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0015| B. The local school board in each [local] school
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0016| district with authorized charter schools shall allocate the
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0017| appropriate distributions of the public school fund to
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0018| individual charter schools pursuant to each charter school's
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0019| school-based budget approved by the local school board and the
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0020| department. The local school board may retain an amount not to
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0021| exceed the school district's administrative cost relevant to
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0022| that charter school upon consent of the community school
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0023| board.
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0024| C. The local school board in each [local] school
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0025| district with authorized charter schools shall establish an
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0001| individual charter school account to receive public school fund
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0002| disbursements for each charter school.
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0003| D. The provisions of this section do not apply to
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0004| schools operated by the bureau of Indian affairs of the United
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0005| States department of the interior or funded by the bureau but
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0006| privately operated."
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| February 18, 1997
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0013|
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0014| Mr. President:
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0015|
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0016| Your INDIAN & CULTURAL AFFAIRS COMMITTEE, to whom
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0017| has been referred
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0018|
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0019| SENATE BILL 641
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, and thence referred to the
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0023| EDUCATION COMMITTEE.
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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| John Pinto, Chairman
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0007|
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0008|
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0009|
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0010| Adopted_______________________ Not
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0011| Adopted_______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018| The roll call vote was 5 For 0 Against
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0019| Yes: 5
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0020| No: 0
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0021| Excused: Carraro, Davis, Kysar, Rawson
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0022| Absent: None
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0023|
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0024|
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0025| S0641IC1
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0001|
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