0001| SENATE BILL 1147 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MANNY M. ARAGON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC SCHOOLS; AMENDING A SECTION OF THE NMSA 1978 | 0012| TO ALLOW A LOCAL SCHOOL BOARD TO ASSUME SUPERVISION AND CONTROL | 0013| OF A PRIVATE SCHOOL OR A FEDERALLY ESTABLISHED SCHOOL; | 0014| DECLARING AN EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 22-5-4 NMSA 1978 (being Laws 1967, | 0018| Chapter 16, Section 28, as amended) is amended to read: | 0019| "22-5-4. LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local | 0020| school board shall have the following powers or duties: | 0021| A. subject to the regulations of the state board, | 0022| supervise and control all public schools within the school | 0023| district and all property belonging to or in the possession of | 0024| the school district; | 0025| B. employ a superintendent of schools for the | 0001| school district and fix his salary; | 0002| C. delegate administrative and supervisory | 0003| functions of the local school board to the superintendent of | 0004| schools; | 0005| D. subject to the provisions of law, approve or | 0006| disapprove the employment, termination or discharge of all | 0007| employees and certified school personnel of the school district | 0008| upon a recommendation of employment, termination or discharge | 0009| by the superintendent of schools; provided that any employment | 0010| relationship shall continue until final decision of the board. | 0011| Any employment, termination or discharge without the prior | 0012| recommendation of the superintendent is void; | 0013| E. apply to the state board for a waiver of certain | 0014| provisions of the Public School Code relating to length of | 0015| school day, staffing patterns, subject area or the purchase of | 0016| instructional materials for the purpose of implementing a | 0017| collaborative school improvement program for an individual | 0018| school; | 0019| F. fix the salaries of all employees and certified | 0020| school personnel of the school district; | 0021| G. contract, lease, purchase and sell for the | 0022| school district; | 0023| H. acquire and dispose of property; | 0024| I. have the capacity to sue and be sued; | 0025| J. acquire property by eminent domain [as] | 0001| pursuant to the procedures provided in the Eminent Domain Code; | 0002| K. issue general obligation bonds of the school | 0003| district; | 0004| L. repair and maintain all property belonging to | 0005| the school district; | 0006| M. for good cause and upon order of the district | 0007| court, subpoena witnesses and documents in connection with a | 0008| hearing concerning any powers or duties of the local school | 0009| boards; | 0010| N. except for expenditures for salaries, contract | 0011| for the expenditure of money according to the provisions of the | 0012| Procurement Code; | 0013| O. adopt regulations pertaining to the | 0014| administration of all powers or duties of the local school | 0015| board; | 0016| P. subject to the approval of the state board and | 0017| the governing authority of a private school or federally | 0018| established school, assume supervision and control of a private | 0019| school or federally established school operating in the school | 0020| district. Students attending a school supervised and | 0021| controlled by the local school board shall be qualified | 0022| students for purposes of the Public School Finance Act; | 0023| [P.] Q. 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 school | 0001| district or the public school to which it is given; and | 0002| [Q.] R. offer and, upon compliance with the | 0003| conditions of such offer, pay rewards for information leading | 0004| to the arrest and conviction or other appropriate disciplinary | 0005| disposition by the courts or juvenile authorities of offenders | 0006| in case of theft, defacement or destruction of school district | 0007| property. All such rewards shall be paid from school district | 0008| funds in accordance with regulations that shall be promulgated | 0009| by the department of education." | 0010| Section 2. EMERGENCY.--It is necessary for the public | 0011| peace, health and safety that this act take effect immediately. | 0012|  | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| March 7, 1997 | 0008| | 0009| Mr. President: | 0010| | 0011| Your EDUCATION COMMITTEE, to whom has been referred | 0012| | 0013| SENATE BILL 1147 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO NOT PASS, but that | 0017| | 0018| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR | 0019| SENATE BILL 1147 | 0020| | 0021| DO PASS, and thence referred to the FINANCE COMMITTEE. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| __________________________________ | 0003| Cynthia Nava, Chairman | 0004| | 0005| | 0006| Adopted_______________________ Not Adopted_______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| The roll call vote was 5 For 3 Against | 0013| Yes: 5 | 0014| No: Boitano, Gorham, Rawson | 0015| Excused: Pinto, Maloof | 0016| Absent: None | 0017| | 0018| S1147ED1 SENATE EDUCATION COMMITTEE SUBSTITUTE FOR | 0019| SENATE BILL 1147 | 0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| AN ACT | 0004| RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO | 0005| PROVIDE FOR LANDMARK SCHOOLS. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 22-1-1 NMSA 1978 (being Laws 1967, | 0009| Chapter 16, Section 1, as amended) is amended to read: | 0010| "22-1-1. PUBLIC SCHOOL CODE.--Chapter [77 NMSA 1953] 22 | 0011| NMSA 1978 may be cited as the "Public School Code"." | 0012| Section 2. Section 22-1-2 NMSA 1978 (being Laws 1967, | 0013| Chapter 16, Section 2, as amended) is amended to read: | 0014| "22-1-2. DEFINITIONS.--As used in the Public School Code: | 0015| A. "state board" means the state board of education; | 0016| B. "state superintendent" means the superintendent of | 0017| public instruction; | 0018| C. "department of education" means the state | 0019| department of public education; | 0020| D. "certified school instructor" means any person | 0021| holding a valid certificate authorizing the person to teach, | 0022| supervise an instructional program, counsel or provide special | 0023| instructional services in the public schools of the state; | 0024| E. "certified school administrator" means any person | 0025| holding a valid certificate authorizing the person to | 0001| administer in the public schools of the state; | 0002| F. "certified school employee" or "certified school | 0003| personnel" means any employee who is either a certified school | 0004| instructor or a certified school administrator or both; | 0005| G. "non-certified school employee" means any employee | 0006| who is not a certified school employee; | 0007| H. "certificate" means a certificate issued by the | 0008| state board authorizing a person to teach, supervise an | 0009| instructional program, counsel, provide special instructional | 0010| services or administer in the public schools of the state; | 0011| I. "chief" or "director" means the state | 0012| superintendent or his designee unless the context clearly | 0013| indicates otherwise; | 0014| J. "private school" means a school offering on-site | 0015| programs of instruction not under the control, supervision or | 0016| management of a local school board, exclusive of home | 0017| instruction offered by the parent, guardian or one having | 0018| custody of the student; | 0019| K. "school district" means an area of land established | 0020| as a political subdivision of the state for the administration of | 0021| public schools and segregated geographically for taxation and | 0022| bonding purposes; | 0023| L. "local school board" means the governing body of a | 0024| school district; | 0025| M. "public school" means that part of a school district | 0001| that is a single attendance center where instruction is offered by | 0002| a certified school instructor or a group of certified school | 0003| instructors and is discernible as a building or group of buildings | 0004| generally recognized as either an elementary, secondary, junior | 0005| high or high school or any combination thereof; | 0006| N. "school year" means the total number of teaching days | 0007| offered by public schools in a school district during a period of | 0008| twelve consecutive months; | 0009| O. "consolidation" means the combination of part or all | 0010| of the geographical area of an existing school district with part | 0011| or all of the geographical area of one or more contiguous existing | 0012| school districts; | 0013| P. "consolidated school district" means a school | 0014| district created by order of the state board by combining part or | 0015| all of the geographical area of an existing school district with | 0016| part or all of the geographical area of one or more contiguous | 0017| existing school districts; | 0018| Q. "state institution" means the New Mexico military | 0019| institute, the New Mexico school for the visually handicapped, the | 0020| New Mexico school for the deaf, the New Mexico boys' school, the | 0021| New Mexico youth diagnostic and development center, the Los Lunas | 0022| medical center, the Fort Stanton hospital, the Las Vegas medical | 0023| center or the Carrie Tingley crippled children's hospital; | 0024| R. "state educational institution" means an institution | 0025| enumerated in Article 12, Section 11 of the constitution of New | 0001| Mexico; | 0002| S. "forty-day report" means the report of qualified | 0003| student membership of each school district and of those eligible | 0004| to be qualified students but enrolled in a private school or a | 0005| home school for the first forty days of school; | 0006| T. "school" means any supervised program of instruction | 0007| designed to educate a person in a particular place, manner and | 0008| subject area; | 0009| U. "school-age person" means any person who is at least | 0010| five years of age prior to 12:01 a.m. on September 1 of the school | 0011| year and who has not received a high school diploma or its | 0012| equivalent. A maximum age of twenty-one shall be used for persons | 0013| who are classified as special education membership as defined in | 0014| Section 22-8-2 NMSA 1978 or as residents of state institutions; | 0015| V. "home school" means the operation by a parent, | 0016| guardian or other person having custody of a school-age person who | 0017| instructs a home study program that provides a basic academic | 0018| educational program, including but not limited to reading, | 0019| language arts, mathematics, social studies and science; [and] | 0020| W. "school building" means a public school, an | 0021| administration building and related school structure or | 0022| facilities, including teacher housing, as may be owned, acquired | 0023| or constructed by the local school board and as necessary to carry | 0024| out the powers and duties of the local school board; and | 0025| X. "landmark school" means a nondenominational and | 0001| nonsectarian school that is authorized, owned and operated by a | 0002| governmental entity wholly located within the state but that is | 0003| not a political subdivision of the state, if the governmental | 0004| entity has been recognized by the state for any other purpose; | 0005| provided that a landmark school shall have been in operation since | 0006| a time prior to the time in which the state was admitted to the | 0007| union; and provided further that the school serves students from | 0008| widely separated, multiple school districts." | 0009| Section 3. A new section of the Public School Code is | 0010| enacted to read: | 0011| "[NEW MATERIAL] LANDMARK SCHOOLS.-- | 0012| A. A school that meets the definition of a landmark | 0013| school may apply to the state board to be designated as a landmark | 0014| school. | 0015| B. A landmark school shall provide at a minimum the | 0016| following enrichment programs: | 0017| (1) a leadership development program that will | 0018| train future leaders and assure quality interaction between | 0019| governments in addressing and resolving issues of mutual concern; | 0020| (2) a community-based curriculum program that | 0021| defines issues essential to quality of life and incorporates those | 0022| issues into the school's science, mathematics and technology | 0023| curricula through field-based learning experiences and technology | 0024| applications; | 0025| (3) a native arts program that teaches both | 0001| traditional and contemporary art and provides for the development | 0002| of talented artists who will continue to make important | 0003| contributions to the art-based culture of New Mexico; and | 0004| (4) a language instructional program that | 0005| incorporates native language as an instructional tool used in the | 0006| classroom and in the student's communities in recognition of the | 0007| fact that native language is essential in community, cultural and | 0008| other traditions. | 0009| C. A landmark school shall agree to serve as a site- | 0010| based research laboratory on issues facing schools and students, | 0011| including efforts to contain and lower dropout rates, and to | 0012| target at-risk student populations for enrichment and other | 0013| programs that will enable them to graduate from high school. | 0014| D. A landmark school shall file accountability and | 0015| school violence and vandalism reports with the department of | 0016| education as required by Sections 22-1-6 and 22-1-7 NMSA 1978." | 0017|  | 0018| | 0019| FORTY-THIRD LEGISLATURE | 0020| FIRST SESSION, 1997 | 0021| | 0022| | 0023| March 15, 1997 | 0024| | 0025| Mr. President: | 0001| | 0002| Your FINANCE COMMITTEE, to whom has been referred | 0003| | 0004| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR | 0005| SENATE BILL 1147 | 0006| | 0007| has had it under consideration and reports same with recommendation | 0008| that it DO PASS. | 0009| | 0010| Respectfully submitted, | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| Ben D. Altamirano, Chairman | 0016| | 0017| | 0018| | 0019| Adopted_______________________ Not Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| | 0024| Date ________________________ | 0025| | 0001| | 0002| The roll call vote was 5 For 2 Against | 0003| Yes: 5 | 0004| No: Carraro, Lyons | 0005| Excused: Aragon, Eisenstadt, Ingle, McKibben | 0006| Absent: None | 0007| | 0008| | 0009| S1147FC1 | 0010| State of New Mexico | 0011| House of Representatives | 0012| | 0013| FORTY-THIRD LEGISLATURE | 0014| FIRST SESSION, 1997 | 0015| | 0016| | 0017| March 21, 1997 | 0018| | 0019| | 0020| Mr. Speaker: | 0021| | 0022| Your EDUCATION COMMITTEE, to whom has been referred | 0023| | 0024| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR | 0025| SENATE BILL 1147 | 0001| | 0002| has had it under consideration and reports same with | 0003| recommendation that it DO PASS. | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| Samuel F. Vigil, Chairman | 0011| | 0012| | 0013| Adopted Not Adopted | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 8 For 0 Against | 0019| Yes: 8 | 0020| Excused: Mallory, McSherry, Nicely, Trujillo, W.C. Williams | 0021| Absent: None | 0022| | 0023| | 0024| G:\BILLTEXT\BILLW_97\S1147C:\OFFICE\WPWIN\WPDOCS\S1147EC1.WPD |