0001| SENATE BILL 671 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RAYMOND L. KYSAR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC SCHOOLS; PROVIDING FOR A SECRETARY OF | 0012| EDUCATION; SPECIFYING POWERS AND DUTIES; ABOLISHING THE STATE | 0013| BOARD OF EDUCATION; AMENDING, REPEALING AND ENACTING SECTIONS | 0014| OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [NEW MATERIAL] SECRETARY OF EDUCATION-- | 0018| APPOINTMENT.-- | 0019| A. The chief executive and administrative officer | 0020| of the state department of public education is the "secretary | 0021| of education". The secretary shall be appointed by the | 0022| governor with the advice and consent of the senate. The | 0023| secretary shall hold office at the pleasure of the governor and | 0024| shall serve in the executive cabinet. | 0025| B. A person appointed as secretary shall serve and | 0001| have all the duties, responsibilities and authority of that | 0002| office during the period of time prior to the final action by | 0003| the senate confirming or rejecting his appointment. | 0004| Section 2. [NEW MATERIAL] SECRETARY OF EDUCATION-- | 0005| GENERAL POWERS AND DUTIES.-- | 0006| A. The secretary of education is responsible to the | 0007| governor for the operation of the state department of public | 0008| education and to administer and enforce the laws with which the | 0009| department is charged. | 0010| B. The secretary shall exercise general supervisory | 0011| and appointive power over the department employees, subject to | 0012| applicable personnel and other laws and regulations. | 0013| Section 3. [NEW MATERIAL] STATE BOARD ABOLISHED.--On | 0014| the effective date of this act, the state board of education is | 0015| abolished. | 0016| Section 4. Section 22-1-2 NMSA 1978 (being Laws 1967, | 0017| Chapter 16, Section 2, as amended) is amended to read: | 0018| "22-1-2. DEFINITIONS.--As used in the Public School Code: | 0019| A. "state board" means the [state board of | 0020| education] department; | 0021| B. "state superintendent" means the | 0022| [superintendent of public instruction] secretary; | 0023| C. "department" [of education] means the state | 0024| department of public education; | 0025| D. "certified school instructor" means any person | 0001| holding a valid certificate authorizing the person to teach, | 0002| supervise an instructional program, counsel or provide special | 0003| instructional services in the public schools of the state; | 0004| E. "certified school administrator" means any | 0005| person holding a valid certificate authorizing the person to | 0006| administer in the public schools of the state; | 0007| F. "certified school employee" or "certified school | 0008| personnel" means any employee who is either a certified school | 0009| instructor or a certified school administrator or both; | 0010| G. "non-certified school employee" means any | 0011| employee who is not a certified school employee; | 0012| H. "certificate" means a certificate issued by the | 0013| [state board] department authorizing a person to teach, | 0014| supervise an instructional program, counsel, provide special | 0015| instructional services or administer in the public schools of | 0016| the state; | 0017| I. "chief" or "director" means the [state | 0018| superintendent] secretary or his designee unless the context | 0019| clearly indicates otherwise; | 0020| J. "private school" means a school offering on-site | 0021| programs of instruction not under the control, supervision or | 0022| management of a local school board, exclusive of home | 0023| instruction offered by the parent, guardian or one having | 0024| custody of the student; | 0025| K. "school district" means an area of land | 0001| established as a political subdivision of the state for the | 0002| administration of public schools and segregated geographically | 0003| for taxation and bonding purposes; | 0004| L. "local school board" means the governing body of | 0005| a school district; | 0006| M. "public school" means that part of a school | 0007| district that is a single attendance center where instruction | 0008| is offered by a certified school instructor or a group of | 0009| certified school instructors and is discernible as a building | 0010| or group of buildings generally recognized as either an | 0011| elementary, secondary, junior high or high school or any | 0012| combination thereof; | 0013| N. "school year" means the total number of teaching | 0014| days offered by public schools in a school district during a | 0015| period of twelve consecutive months; | 0016| O. "consolidation" means the combination of part or | 0017| all of the geographical area of an existing school district | 0018| with part or all of the geographical area of one or more | 0019| contiguous existing school districts; | 0020| P. "consolidated school district" means a school | 0021| district created by order of the [state board] department | 0022| by combining part or all of the geographical area of an | 0023| existing school district with part or all of the geographical | 0024| area of one or more contiguous existing school districts; | 0025| Q. "state institution" means the New Mexico | 0001| military institute, the New Mexico school for the visually | 0002| handicapped, the New Mexico school for the deaf, the New Mexico | 0003| boys' school, the New Mexico youth diagnostic and development | 0004| center, the Los Lunas medical center, [the Fort Stanton | 0005| hospital] the Las Vegas medical center or the Carrie Tingley | 0006| crippled children's hospital; | 0007| R. "state educational institution" means an | 0008| institution enumerated in Article 12, Section 11 of the | 0009| constitution of New Mexico; | 0010| S. "forty-day report" means the report of qualified | 0011| student membership of each school district and of those | 0012| eligible to be qualified students but enrolled in a private | 0013| school or a home school for the first forty days of school; | 0014| T. "school" means any supervised program of | 0015| instruction designed to educate a person in a particular place, | 0016| manner and subject area; | 0017| U. "school-age person" means any person who is at | 0018| least five years of age prior to 12:01 a.m. on September 1 of | 0019| the school year and who has not received a high school diploma | 0020| or its equivalent. A maximum age of twenty-one shall be used | 0021| for persons who are classified as special education membership | 0022| as defined in Section 22-8-2 NMSA 1978 or as residents of state | 0023| institutions; | 0024| V. "home school" means the operation by a parent, | 0025| guardian or other person having custody of a school-age person | 0001| who instructs a home study program that provides a basic | 0002| academic educational program, including but not limited to | 0003| reading, language arts, mathematics, social studies and | 0004| science; [and] | 0005| W. "school building" means a public school, an | 0006| administration building and related school structure or | 0007| facilities, including teacher housing, as may be owned, | 0008| acquired or constructed by the local school board and as | 0009| necessary to carry out the powers and duties of the local | 0010| school board; and | 0011| X. "secretary" means the secretary of education." | 0012| Section 5. Section 22-2-1 NMSA 1978 (being Laws 1990 (1st | 0013| S.S.), Chapter 9, Section 10, as amended) is amended to read: | 0014| "22-2-1. [STATE BOARD] DEPARTMENT--POWERS.-- | 0015| A. The [state board] department is the | 0016| governing authority and shall have control, management and | 0017| direction of all public schools, except as otherwise provided | 0018| by law. | 0019| B. The [state board] department may promulgate, | 0020| publish and enforce regulations to exercise its authority | 0021| granted pursuant to the Public School Code. | 0022| C. The [state board] department may apply to | 0023| the district court for an injunction, writ of mandamus or other | 0024| appropriate relief to enforce the provisions of the Public | 0025| School Code or any of its regulations promulgated pursuant to | 0001| the Public School Code. | 0002| D. The [state board] department may waive | 0003| provisions of the Public School Code as authorized by law." | 0004| Section 6. Section 22-2-2 NMSA 1978 (being Laws 1967, | 0005| Chapter 16, Section 5, as amended) is amended to read: | 0006| "22-2-2. [STATE BOARD] DEPARTMENT--OTHER DUTIES.-- | 0007| Without limiting those powers granted to the [state board] | 0008| department pursuant to Section 22-2-1 NMSA 1978, the [state | 0009| board] department under the supervision and direction of the | 0010| secretary shall perform the following duties: | 0011| A. properly and uniformly enforce the provisions of | 0012| the Public School Code; | 0013| B. [determine] administer policy for the | 0014| operation of all public schools and vocational education | 0015| programs in the state; | 0016| [C. appoint a state superintendent; | 0017| D.] C. purchase and loan instructional material | 0018| to students pursuant to the Instructional Material Law and | 0019| adopt regulations relating to the use and operation of | 0020| instructional material depositories in the instructional | 0021| material distribution process; | 0022| [E.] D. designate courses of instruction to be | 0023| taught in all public schools in the state; | 0024| [F.] E. assess and evaluate all state | 0025| institutions and those private schools that desire state | 0001| accreditation; | 0002| [G.] F. determine the qualifications for and | 0003| issue a certificate to any person teaching, assisting teachers, | 0004| supervising an instructional program, counseling, providing | 0005| special instructional services or administering in public | 0006| schools, according to law and according to a system of | 0007| classification adopted and published by the [state board] | 0008| department; | 0009| [H.] G. suspend or revoke a certificate held by | 0010| a certified school instructor or certified school | 0011| administrator, according to law, for incompetency, immorality | 0012| or for any other good and just cause; | 0013| [I.] H. make full and complete reports on | 0014| consolidation of school districts to the legislature; | 0015| [J.] I. prescribe courses of instruction, | 0016| requirements for graduation and standards for all public | 0017| schools, for private schools seeking state accreditation and | 0018| for the educational programs conducted in state institutions | 0019| other than the New Mexico military institute; | 0020| [K.] J. adopt regulations for the | 0021| administration of all public schools and bylaws for its own | 0022| administration; | 0023| [L.] K. require periodic reports on forms | 0024| prescribed by it from all public schools and attendance reports | 0025| from private schools; | 0001| [M.] L. authorize adult educational programs to | 0002| be conducted in schools under its jurisdiction and promulgate | 0003| and publish regulations governing all such adult educational | 0004| programs; | 0005| [N.] M. require any school under its | 0006| jurisdiction that sponsors athletic programs involving sports | 0007| to mandate that the participating student obtain catastrophic | 0008| health and accident insurance coverage, such coverage to be | 0009| offered through the school and issued by an insurance company | 0010| duly licensed pursuant to the laws of New Mexico; | 0011| [O.] N. require all accrediting agencies for | 0012| public schools in the state to act with its approval; | 0013| [P.] O. accept and receive all grants of money | 0014| from the federal government or any other agency for public | 0015| school purposes and disburse the money in the manner and for | 0016| the purpose specified in the grant; | 0017| [Q.] P. require prior approval for any | 0018| educational program in a public school that is to be conducted, | 0019| sponsored, carried on or caused to be carried on by a private | 0020| organization or agency; | 0021| [R.] Q. approve or disapprove all rules or | 0022| regulations promulgated by any association or organization | 0023| attempting to regulate any public school activity and | 0024| invalidate any rule or regulation in conflict with any | 0025| regulation promulgated by the [state board] department. | 0001| The [state board] department may require performance and | 0002| financial audits of any association or organization attempting | 0003| to regulate any public school activity. The [state board] | 0004| department shall have no power or control over the rules or | 0005| regulations or the bylaws governing the administration of the | 0006| internal organization of the association or organization; | 0007| [S.] R. review decisions made by the governing | 0008| board or officials of any organization or association | 0009| regulating any public school activity, and any decision of the | 0010| [state board] department shall be final in respect thereto; | 0011| [T.] S. accept or reject any charitable gift, | 0012| grant, devise or bequest. The particular gift, grant, devise | 0013| or bequest accepted shall be considered an asset of the state; | 0014| [U.] T. establish and maintain regional | 0015| centers, at its discretion, for conducting cooperative services | 0016| between public schools and school districts within and among | 0017| those regions and to facilitate regulation and evaluation of | 0018| school programs; | 0019| [V.] U. assess and evaluate for accreditation | 0020| purposes at least one-third of all public schools each year | 0021| through visits by department [of education] personnel to | 0022| investigate the adequacy of pupil gain in standard required | 0023| subject matter, adequacy of pupil activities, functional | 0024| feasibility of public school and school district organization, | 0025| adequacy of staff preparation and other matters bearing upon | 0001| the education of the students; | 0002| [W.] V. provide for management and other | 0003| necessary personnel to operate any public school or school | 0004| district that has failed to meet requirements of law, [state | 0005| board] department standards or [state board] department | 0006| regulations; provided that the operation of the public school | 0007| or school district shall not include any consolidation or | 0008| reorganization without the approval of the local board of that | 0009| school district. Until such time as requirements of law, | 0010| standards or regulations have been met and compliance is | 0011| assured, the powers and duties of the local school board shall | 0012| be suspended; | 0013| [X.] W. establish and implement a plan that | 0014| provides for technical assistance to local school boards | 0015| through workshops and other in-service training methods; | 0016| provided, however, that no plan shall require mandatory | 0017| attendance by any member of a local school board; | 0018| [Y.] X. submit a plan applying for funds | 0019| available under Public Law 94-142 and disburse these funds in | 0020| the manner and for the purposes specified in the plan; and | 0021| [Z.] Y. enforce requirements for home schools. | 0022| Upon finding that a home school is not in compliance with law, | 0023| the [state board] department shall have authority to order | 0024| that a student attend a public school or a private school." | 0025| Section 7. Section 22-2-6 NMSA 1978 (being Laws 1967, | 0001| Chapter 16, Section 9, as amended) is amended to read: | 0002| "22-2-6. DEPARTMENT OF EDUCATION--DUTIES.--Subject to the | 0003| policies, [of the state board and the] supervision and | 0004| direction of the [state superintendent] secretary, the | 0005| department [of education] shall have the following duties: | 0006| A. supervise all schools and school officials | 0007| coming under the jurisdiction of the [state board] | 0008| department; | 0009| B. advise boards of regents of state educational | 0010| institutions on matters concerning the Public School Code; | 0011| C. prescribe, print and distribute forms to carry | 0012| out the duties of the [state board] department pursuant to | 0013| the Public School Code; | 0014| D. annually, prior to December 1, prepare and | 0015| publish a report on public and private education in the state | 0016| and distribute the report to the governor and the legislature; | 0017| E. keep accurate records of all money received by | 0018| the [state superintendent] secretary or the department [of | 0019| education]; | 0020| F. publish and distribute copies of the Public | 0021| School Code and regulations promulgated by the [state board] | 0022| department to local school boards in the state; | 0023| G. confer with local school boards and certified | 0024| school personnel on matters concerning education in the state; | 0025| H. prepare and distribute patriotic material to | 0001| schools in the state; and | 0002| I. evaluate all educational programs in state | 0003| institutions [under the authority of the secretary of the | 0004| health and environment department]." | 0005| Section 8. REPEAL.--Sections 22-2-3 through 22-2-5 and | 0006| 22-3-37 through 22-3-54 NMSA 1978 (being Laws 1967, Chapter 16, | 0007| Sections 6 through 8 and Laws 1991 (1st S.S.), Chapter 4, | 0008| Sections 1 through 18, as amended) are repealed. | 0009| Section 9. EFFECTIVE DATE.--The provisions of this act | 0010| shall become effective upon certification by the secretary of | 0011| state that the constitution of New Mexico has been amended as | 0012| proposed by a joint resolution of the forty-third legislature, | 0013| first session entitled "A JOINT RESOLUTION PROPOSING AN | 0014| AMENDMENT TO ARTICLE 12, SECTION 6 OF THE CONSTITUTION OF NEW | 0015| MEXICO TO ABOLISH THE STATE BOARD OF EDUCATION.". | 0016|  |