HB 365 — PUBLIC EDUCATION COMMISSION STAFF

The commission shall meet at the call of the e u g e b l e e h [chairman] chair at least quarterly.

Meetings of the n d d i = = o h commission shall be held in Santa Fe and at other sites within el t] 17b ,d i a º e the state at the direction of the commission.

The [chairman][chairman w] lr ni = r t e w d 18m a n o chair in consultation with the secretary shall call a meeting =d =m 19: a l at the request of a majority of the members.

Commissionb ie d s º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k m e - 3 - e a n e d r 20e membersl shallu not[ voteA byd proxy.at the request of a majority of the members.

aCommission tmembers mshall mnot 21vote E.by proxy.

NoE. member of the commission shall be appointed d r e 22 secretary or be employed by the department on either a full- or c e s k 23 part-time basis.

eNo member of the commission shall be appointed secretary or be employed by the department on either a nfull- bor 24part-time F.basis.

TheF. "state charter schools office" is created to u [ staff the commission in carrying out its statutory duties as .229476.2 - 3 - the state chartering authority.

The "state charter schools office" is created to staff the commission in carrying out its statutory duties as the state chartering authority.

TheHfl1ºThe commission and office shall be provided with adequate quarters by the department.department.»Hfl1 The office shall provide objective, nonpartisan advice to the commission regarding state chartering h of public schools, monitor state-chartered charter schools for g o t hr compliance with the Public School Code and the charter schools' g e i k charter contract, make periodic reports to the commission on h r i s the activities of the office and perform such other duties as h , t, e u g required by the commission." e b l e e h SECTION 3.

TheSection office22-2-2.2 shallNMSA provide1978 objective,(being nonpartisanLaws advice2004, ton thed commissiond regardingi state= chartering= ofo publich schools,Chapter monitor27, state-charteredSection charter17) schoolsis foramended compliance with the Public School Code and the charter schools' charter contract, make periodic reports to theread: commission on the activities of the office and perform such other duties as required by the commission." SECTION 3.

Sectionl 22-2-2.2] NMSAb 1978,d (beingi Lawsa 2004,º Chaptere 27,"22-2-2.2. Section 17) is amended to read:

eCOMMISSION--DUTIES.-- r i = r t 17e "22-2-2.2.w d m a n o A.

COMMISSION--DUTIES.--The wcommission lshall noversee and direct the d 18m A.:

Theb commissione shalld oversees andº directo thet =n = 19.229476.2AIC March 6, 2025 (9:05pm) s k m e - 4 - e a n e d r e l u [ A d activities of the state charter schools office and shall:

i a e r 20 (1) be the chartering authority for state- a t m m 21 chartered charter schools;

d r e 22 (2) cooperate with the department and enter c e s k 23 into data-sharing agreements as necessary to provide seamless e a n b 24 administration and oversight of public schools and give the u [ office access to relevant data and reports of the department;

.229476.2 - 4 - and (3) make recommendations to the department.

The commission shall solicit the input of persons who have an interest in public school policy, including local school boards, school districts, charter school governing bodies and charter schools h and school employees;

parent- g o t hr teacher associations;

the g e i k [commission on]on ] higher education department;

colleges, h r i s universities and vocational schools;

state agencies responsible h , t, for educating resident children;

e u g e b l e e h [work force]force ] workforce development providers;

and business n d d i = = o h organizations.

el t] 17b [B.],d C.i a º e [B.

In] additionC. to the duty provided in w l n d 18 Subsection [A] B of this section, the commission shall:

=In =addition 19to athe lduty (1)provided solicitin inputr from local school boards, i a= e r 20t schoole districtsw andd them public on policy and governance issues a tn mo mSubsection 21[A and] reportB itsof findingsthis andsection, recommendations to the secretarycommission dshall: r e 22 and the legislature;

andd cm e: s k 23 (2) recommend to the secretary conduct and e a n b 24 process guidelines and training curricula for local school u [ boards." .229476.2 - 5 - SECTION 4.

b e d s º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k m e - 5 - e a n e d r e l u [ A d (1) solicit input from local school boards, school districts and the public on policy and governance issues and report its findings and recommendations to the secretary and the legislature;

and (2) recommend to the secretary conduct and process guidelines and training curricula for local school boards." SECTION 4.

h C.

"commission" means the public education g o t hr commission;

g e i k D.

"conversion school" means an existing public h r i s school within a school district that was authorized by a local h , t, school board to become a charter school prior to July 1, 2007;

e u g e b l e e h [E.

"division" means the charter schools division n d d i = = o h of the department;

el t] 17b ,d i a º e F.] E.

"enrollment preference" means filling a wr li n d 18 charter school's openings with students, or siblings of = =r 19t ae lw students,d whom have already been admitted to the school through i a en ro 20charter anschool's appropriateopenings admissionwith processstudents, or aresiblings continuingof throughd a t m m: 21 subsequent grades;

b e d s º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k m e - 6 - e a n e d r e 22l [G.]u F.[ A d students, who have already been admitted to the school through an appropriate admission process or are continuing through subsequent grades;

"governing[G. body" means the governing c e s k 23 structure of a charter school as set forth in the school's e a n b 24 charter;

u] [F. [H.] G.

"governing bodybody" training" means the .229476.2 - 6 - training required pursuant to Section 22-8B-5.1 NMSA 1978 to educate governing bodystructure membersof anda ensurecharter complianceschool withas allset applicableforth laws,in which training may be obtained from any source, individual or entity that has been approved by the department;school's charter;

[I.][H. H.

] G.

"governing body training" means the training required pursuant to Section 22-8B-5.1 NMSA 1978 to educate governing body members and ensure compliance with all applicable laws, which training may be obtained from any source, individual or entity that has been approved by the department;

[I.

] H.

[J.][J. I.

"material] violation"I. means the act of failing to accomplish a requirement of a law, rule or contract or a charter school's bylaws that substantially affects the charter school's employees' or students' rights or privileges;

[K.]"material J.violation" means the act of h failing to accomplish a requirement of a law, rule or contract g o t hr or a charter school's bylaws that substantially affects the g e i k charter school's employees' or students' rights or privileges;

"nondiscretionaryh waiver"r meansi as waiver[K. of requirements or rules and the provisions of the Public School Code that the department shall grant pursuant to Section 22-8B-5 NMSA 1978 and for which a charter school shall not e t 17 require separate approval by the department;

w] lJ. n d 18 K.

"office""nondiscretionary waiver" means a waiver of h , t, requirements or "division"rules meansand the stateprovisions charterof the Public School e u g e b l e e h Code that the department shall grant pursuant to Section n d d i = = 19o h 22-8B-5 NMSA 1978 and for which a charter school shall not l schools] office;b ,d i a º e require separate approval by the department;

r i a= r t e rw 20d L.m a n o K.

"performance"office" indicator" means a measurement tool a t m m 21 that enables selected issues or conditions"division" tomeans bethe monitoredstate overcharter d rm e: 22 time for the purposes of evaluating progress toward or away c e s k 23 from a desired direction;

b e d s º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k m e - 7 - e a n be 24d M.r e l u [ A d schools office;

"performanceL. target" means the specific rating u [ to which the data from a school's performance indicators shall .229476.2 - 7 - be compared to determine whether the school exceeds, meets, does not meet or falls far below that rating;

"performance indicator" means a measurement tool that enables selected issues or conditions to be monitored over time for the purposes of evaluating progress toward or away from a desired direction;

M.

"performance target" means the specific rating to which the data from a school's performance indicators shall be compared to determine whether the school exceeds, meets, does not meet or falls far below that rating;

"start-up school" means a public school h developed by one or more parents, teachers or community members g o t hr authorized by the chartering authority to become a charter g e i k school." h r i s SECTION 5.

Section 22-8B-13 NMSA 1978 (being Laws 1999, h , t, Chapter 281, Section 13, as amended) is amended to read:

e u g e b l e e h "22-8B-13.

CHARTER SCHOOL FINANCING.-- n d d i = = o h A.

The amount of funding allocated to a charter el t] 17b ,d i a º e school shall be not less than ninety-eight percent of the wr li n= r t e w d 18m a n o school-generated program cost.

The school district or =d = 19 a l [division] office may withhold and use two percent of the i a e r 20 school-generated program cost for its administrative support of a t m m: 21 a charter school.

b e d s º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k m e - 8 - e a n e d r e 22l B.u [ A d [division] office may withhold and use two percent of the school-generated program cost for its administrative support of a charter school.

ThatB. portion of money from state or federal c e s k 23 programs generated by students enrolled in a locally chartered e a n b 24 charter school shall be allocated to that charter school u [ serving students eligible for that aid.

AnyThat otherportion publicof .229476.2money -from 8state -or schoolfederal programprograms notgenerated offered by thestudents enrolled in a locally chartered charter school shall not be entitledallocated to thethat sharecharter ofschool moneyserving generatedstudents byeligible afor charterthat schoolaid. program.

Any other public school program not offered by the locally chartered charter school shall not be entitled to the share of money generated by a charter school program.

h E.

All services centrally or otherwise provided by u » r a local school district, including custodial, maintenance and t h g e l i media services, libraries and warehousing, shall be subject to h r i s negotiation between the charter school and the school district.

h , e h Any services for which a charter school contracts with a school t u g e b l e e , gh district shall be provided by the district at a reasonable n d d i = = o h cost." el t] 17b ,d i a º r SECTION 6.

Section 22-8B-17 NMSA 1978 (being Laws 2006, we lr n= t e w d 18m a n o Chapter 94, Section 30) is amended to read:

=d =m 19: a l "22-8B-17.

STATEb CHARTERr SCHOOLSe [DIVISION]t OFFICE--º io at en r= 20.229476.2AIC DUTIES.--[TheMarch "charter6, schools2025 division"(9:05pm) iss createdk inm thee - 9 - e a tn me md 21r department]e Thel [division]u office[ shall:A d "22-8B-17.

dSTATE rCHARTER eSCHOOLS 22[DIVISION] A.OFFICE-- DUTIES.--[The "charter schools division" is created in the department] The [division] office shall:

provideA. staff support to the commission for c e s k 23 state chartering of charter schools;

eprovide astaff nsupport bto 24the B.commission for state chartering of charter schools;

provideB. technical support to [all] state- u [ chartered charter schools;

.229476.2provide -technical 9support -to C.Hfl1º [all]»Hfl1 Hfl1ºall»Hfl1 Hfl1ºstate-chartered»Hfl1 charter schools;

C.

[DIVISION] OFFICE--ANNUAL REPORT.--By December 1 annually, the [division][division ] office, under the direction h of the commission, shall issue to the governor, the legislative g o t hr finance committee, [and][and ] the legislative education study g e i k committee and the legislative library a report on the state's h r i s charter schools for the school year ending in the preceding h , t, e u g calendar year, drawing from the annual reports submitted by e b l e e h every chartering authority as well as any relevant data n d d i = = o h compiled by the [division][division ] office.

The annual report shall el t] 17b ,d i a º e include a comparison of the performance of charter school wr li n= r t e w d 18m a n o students with the performance of academically, ethnically and =d =m 19: a l economically comparable groups of students in noncharter public i a e r 20 schools.

Theb reporte shalld alsos includeº ano assessment of the a t mn m= 21.229476.2AIC successes,March challenges6, and2025 areas(9:05pm) for improvement in meeting the d r e 22 purposes of the Charter Schools Act, including the [division's] c e s k 23m office'se assessment- of10 the- sufficiency of funding for charter e a n be 24d schools,r thee efficacyl of the state formula for chartering u [ authorityA fundingd andeconomically anycomparable suggestedgroups changesof tostudents statein lawnoncharter orpublic .229476.2 - 10 - policy necessary to strengthen the state's charter schools.

The report shall also include an assessment of the successes, challenges and areas for improvement in meeting the purposes of the Charter Schools Act, including the [division's ] office's assessment of the sufficiency of funding for charter schools, the efficacy of the state formula for chartering authority funding and any suggested changes to state law or policy necessary to strengthen the state's charter schools.

all personnel, appropriations, money, records, equipment, furniture, supplies and other property of the h charter schools division of the public education department u » r shall be transferred to the state charter schools office of the t h g e l i public education commission;

h r i s B.

contractual obligations of the charter schools h , e h division shall be obligations of the state charter schools t u g e b l e e , gh office;

and n d d i = = o h C.

statutory references to the charter schools el t] 17b ,d i a º r division of the public education department shall be deemed to we lr n= t e w d 18m a n o be references to the state charter schools office of the public =d =m 19: a l education commission.

ib r e t º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k m e - 11 - e a n e d r 20e SECTIONl 9.u [ A d education commission.

EFFECTIVESECTION DATE.--The9. effective date of the a t m m 21 provisions of this act is July 1, 2026.

dEFFECTIVE rDATE.--The eeffective 22date -of 11the -provisions cof ethis sact kis 23July e1, a2026. n b 24 u [ .229476.2

- 12 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .229476.2AIC March 6, 2025 (9:05pm) s k em e e a n e d r e l u [ A d