SB 331 — CHARTER SCHOOL NEPOTISM & MONITORING

develop and maintain[H. chartering policies a l r i 20 and practices consistent with nationally recognized principles t e a t and standards for quality charter authorizing in all major m m 21 e d r e 22 areas of authorizing, including:

c] eI. r c 23 (1) organizational capacity and e a n b 24 infrastructure;

udevelop [and (2)maintain evaluatingchartering policies and practices consistent with nationally recognized principles and standards for quality charter applications;authorizing in all major areas of authorizing, including:

.212504.1(1) -organizational 4capacity -and (3)infrastructure; performance contracting;

(2) evaluating charter applications;

(3) performance contracting;

(5) governing body monitoring and intercession h with a governing body, as necessary;

and ]g o t hr [(5)] (6) charter school suspension, [(5)g e i k revocation and renewal processes." SECTIONh r i s SJCºSECTION 3.

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

e b l e e h "22-8B-8.

CHARTER APPLICATION--CONTENTS.--The charter n d d i = = o h school application shall include:

l ] b ,d i a º e r i = r A.

t e w d m a n o B.

the goals, objectives and student performance outcomesd tom be: achieved by the charter school;

b e d s º o t n = .212504.1 s k m e - 5 - e a n e d r e l u [ A d outcomes to be achieved by the charter school;

a description of the charter school's educational program, student performance standards and curriculum that must meet or exceed the department's e e 17 educational standards and must be designed to enable each e e n d 18 student to achieve those standards;

= = l ] 19 D.

a description of the way a charter school's a l r i 20 educational program will meet the individual needs of the t e a t students, including those students determined to be at risk;

m m 21 e d r e 22 E.

a description of the charter school's plan for c e r c 23 evaluating student performance, the types of assessments that e a n b 24 will be used to measure student progress toward achievement of u [ the state's standards and the school's student performance .212504.1 - 5 - outcomes, the time line for achievement of the outcomes and the procedures for taking corrective action in the event that student performance falls below the standards;

h F.

evidence that the plan for the charter school is u » r t h economically sound, including a proposed budget for the term of g e l i the charter and a description of the manner in which the annual h r i s audit of the financial and administrative operations of the h , e h t u g charter school is to be conducted;

e b l e e , gh G.

evidence that the fiscal management of the n d d i = = o h l ] b ,d charter school complies with all applicable federal and state i a º r e r = laws and rules relative to fiscal procedures;

H.t e w d m a n o d m :

b r e t º o t n = .212504.1 s k m e - 6 - e a n e d r e l u [ A d H.

e e 17 (1) how the governing body will be selected;

e e n d 18 (2) qualification and terms of members, how = = l ] 19 vacancies on the governing body will be filled and procedures a l r i 20 for changing governing body membership;

[and[and] ] t e a t (3) the nature and extent of parental, m m 21 e d r e 22 professional educator and community involvement in the c e r c 23 governance and operation of the school;

and e a n b 24 (4) actions the chartering authority may take u [ when a governing body fails to do its duty or fails to act in .212504.1 - 6 - the best interest of the charter school;

an explanation of the relationship that will h exist between the proposed charter school and its employees, u » r t h including evidence that the terms and conditions of employment g e l i will be addressed with affected employees and their recognized h r i s representatives, if any;

h , e h t u g K.

the employment and student discipline policies e b l e e , gh of the proposed charter school;

n d d i = = o h l ] b ,d L.

an agreement between the charter school and the i a º r e r = chartering authority regarding their respective legal liability andt applicablee insurancew coverage;d m a n o d m :

b r e t º o t n = .212504.1 s k m e - 7 - e a n e d r e l u [ A d and applicable insurance coverage;

a description of both the discretionary waivers and the waivers provided for in Section 22-8B-5 NMSA 1978 that the charter school is requesting or that will be provided from e e 17 the local school board or the department and the charter e e n d 18 school's plan for addressing and using these waiver requests;

= = l ] 19 and a l r i 20 O.

a description of the facilities the charter t e a t school plans to use."use."»SJC mSJCºSECTION m 21 e d r e 22 SECTION 4.

SECTION 3.»SJC Section 22-8B-9 NMSA 1978 (being Laws 1999, c e r c 23 Chapter 281, Section 9, as amended) is amended to read:

e a n b 24 "22-8B-9.

CHARTER SCHOOL CONTRACT--CONTENTS--RULES.-- u [ A.

The chartering authority shall enter into a .212504.1h - 7 - contract with the governing body of the applicant charter u » r t h school within thirty days of approval of the charter g e l i application.

The charter contract shall be the final h r i s authorization for the charter school and shall be part of the h , e h t u g charter.

If the chartering authority and the applicant charter e b l e e , gh school fail to agree upon the terms of or enter into a contract n d d i = = o h within thirty days of the approval of the charter application, l ] b ,d i a º r e r = either party may appeal to the secretary to finalize the terms t e w d m a n o of the contract;

provided that such appeal must be provided in writingd tom the: secretary within forty-five days of the approval of the charter application.

b r e t º o t n = .212504.1 s k m e - 8 - e a n e d r e l u [ A d writing to the secretary within forty-five days of the approval of the charter application.

(1) all agreements regarding the release of the charter school from department and local school board rules e e 17 and policies, including discretionary waivers provided for in e e n d 18 Section 22-8B-5 NMSA 1978;

= = l ] 19 (2) any material term of the charter a l r i 20 application as determined by the parties to the contract;

t e a t (3) the mission statement of the charter m m 21 e d r e 22 school and how the charter school will report on implementation c e r c 23 of its mission;

e a n b 24 (4) the chartering authority's duties to the u [ charter school and liabilities of the chartering authority as .212504.1h - 8 - provided in Section 22-8B-5.3 NMSA 1978;

g o t hr (5) a statement of admission policies and g e i k procedures;

h r i s (6) signed assurances from the charter h , t, school's governing body members regarding compliance with all e u g e b l e e h federal and state laws governing organizational, programmatic n d d i = = o h and financial requirements applicable to charter schools;

l ] b ,d i a º e (7) the criteria, processes and procedures r i = r t e w d m a n o that the chartering authority will use for ongoing oversight of operational,d financialm and: academic performance of the charter school;

b e d s º o t n = .212504.1 s k m e - 9 - e a n e d r e l u [ A d operational, financial and academic performance of the charter school;

e e 17 (9) the types and amounts of insurance e e n d 18 liability coverage to be obtained by the charter school;

= = l ] 19 (10) the term of the contract;

a l r i 20 (11) the process and criteria that the t e a t chartering authority intends to use to annually monitor and m m 21 e d r e 22 evaluate the fiscal, overall governance and student performance c e r c 23 of the charter school, including the method that the chartering e a n b 24 authority intends to use to conduct the evaluation as required u [ by Section 22-8B-12 NMSA 1978;

.212504.1h - 9 - (12) the dispute resolution processes agreed u » r upon by the chartering authority and the charter school, t h g e l i provided that the processes shall, at a minimum, include:

h r i s (a) written notice of the intent to h , e h invoke the dispute resolution process, which notice shall t u g e b l e e , gh include a description of the matter in dispute;

n d d i = = o h (b) a time limit for response to the l ] b ,d i a º r notice and cure of the matter in dispute;

(c)e ar procedure= fort selectione ofw d m a neutraln thirdo party(c) toa assistprocedure infor resolvingselection theof dispute;a d m :

b r e t º o t n = .212504.1 s k m e - 10 - e a n e d r e l u [ A d neutral third party to assist in resolving the dispute;

(13) the criteria, procedures and time lines, agreed upon by the charter school and the chartering authority, e e 17 addressing charter revocation and deficiencies found in the e e n d 18 annual status report pursuant to the provisions of Section = = l ] 19 22-8B-12 NMSA 1978;

a l r i 20 (14) if the charter school contracts with a t e a t third-party provider, the criteria and procedures for the m m 21 e d r e 22 chartering authority to review the provider's contract and the c e r c 23 charter school's financial independence from the provider;

e a n b 24 (15) all requests for release of the charter u [ school from department rules or the Public School Code.

Within .212504.1h - 10 - ten days after the contract is approved by the local school g o t hr board, any request for release from department rules or the g e i k Public School Code shall be delivered by the local school board h r i s to the department.

If the department grants the request, it h , t, shall notify the local school board and the charter school of e u g e b l e e h its decision.

If the department denies the request, it shall n d d i = = o h notify the local school board and the charter school that the l ] b ,d i a º e request is denied and specify the reasons for denial;

r i = r t e w d m a n o (16) an agreement that the charter school will participated inm the: public school insurance authority;

b e d s º o t n = .212504.1 s k m e - 11 - e a n e d r e l u [ A d participate in the public school insurance authority;

(18) a listing of the charter school's e e 17 nondiscretionary waivers;

and e e n d 18 (19) any other information reasonably required = = l ] 19 by either party to the contract.

a l r i 20 C.

The process for revision or amendment to the t e a t terms of the charter contract shall be made only with the m m 21 e d r e 22 approval of the chartering authority and the governing body of c e r c 23 the charter school.

If they cannot agree, either party may e a n b 24 appeal to the secretary as provided in Subsection A of this u [ section." .212504.1h -SJCº 11 - SECTION 5.

SECTION 4.»SJC Section 22-8B-10 NMSA 1978 g o t hr (being Laws 1999, Chapter 281, Section 10, as amended) is g e i k amended to read:

h r i s "22-8B-10.

CHARTER SCHOOLS--EMPLOYEES.-- h , t, A.

e u g e b l e e h The provisions of the School Personnel Act shall apply to such n d d i = = o h employees.

The head administrator of the charter school shall l ] b ,d i a º e employ, fix the salaries of, assign, terminate and discharge r i = r t e w d m a n o all employees of the charter school.

B.d m :

b e d s º o t n = .212504.1 s k m e - 12 - e a n e d r e l u [ A d B.

e e 17 C.

Nothing in this section shall prohibit the e e n d 18 continued employment of a person employed on or before July 1, = = l ] 19 2008." aSJCº l r i 20 SECTION 6.

SECTION 5.»SJC A new section of the Charter Schools Act is t e a t enacted to read:

m m 21 e d r e 22 "[NEW MATERIAL] CHARTERING AUTHORITY--POWER TO SJCº SUSPEND SANCTION»SJC A c e r c 23 GOVERNING BODY.-- e a n b 24 A.

The chartering authority shall supervise all uh [ charter schools and charter school officials comingSJCº undercoming»SJC itsg .212504.1o -t 12hr -under jurisdiction,its includingjurisdiction takingSJCº. over the control and management of a charter school that has failed to meet requirements of the charter contract, law or department rules or standards and, until such time as requirements of the charter contract, law or department standards or rules have been met and compliance is ensured, the powers and duties of the governing body may be suspended.

B., including taking over the g e i k control and management of a charter school that has failed to h r i s meet requirements of the charter contract, law or department h , t, e u g rules or standards and, until such time as requirements of the e b l e e h charter contract, law or department standards or rules have n d d i = = o h been met and compliance is ensured, the powers and duties of l ] b ,d i a º e r i = r the governing body may be suspended.

At charteringe authorityw shalld consultm with the department before moving to suspend a governingn body.o B.

A chartering authority shall consult with the d m :

b e d s º o t n = .212504.1 s k m e - 13 - e a n e d r e l u [ A d department before moving to suspend a governing body.

Nothing in this section affects the e e 17 department's own power to suspend a governing body and head e e n d 18 administrator pursuant to Sections 22-2-14 and 22-8-39 NMSA = = l ] 19 1978.

a l r i 20 C.

The department, school district or contractor t e a t shall report to the chartering authority and may recommend that m m 21 e d r e 22 the chartering authority consider commencing proceedings to c e r c 23 suspend, revoke or refuse to renew the charter if the e a n b 24 department, school district or contractor finds that the uh [ charter school has engaged in serious or repeated .212504.1u -» 13r -t h mismanagement, improper recording or improper reporting of g e l i public school funds under its control or the school is severely h r i s hampering the educational progress of its students."students."»SJC -h 14, -e 6h 8t 10u 12g 14SJCºIf 16a echarter school's performance or legal compliance is e 17b l e e , gh unsatisfactory, the chartering authority shall promptly notify n d 18d i = = o h l ] 19b a,d lthe rcharter ischool 20of tthe eperceived aproblem tand mprovide ma 21i ea dº r e 22r c= ereasonable ropportunity cfor 23the school to remedy the problem, t e w d m a n bo 24d um [: .212504.1

b r e t º o t n = .212504.1 s k m e - 14 - e a n e d r e l u [ A d unless the problem warrants revocation, in which case revocation procedures shall be followed.

Every chartering authority may exercise sanctions short of revocation in response to deficiencies in charter school performance or legal compliance.

Such actions or sanctions may include, if warranted, requiring a school to develop and execute a corrective action plan within a specified time.

The chartering authority shall follow its own policy on suspension, revocation or nonrenewal."»SJC - 15 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh 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 = .212504.1 s k m e e a n e d r e l u [ A d