New Mexico 2019 Regular Session Status: In Committee 1 D cosponsors

SB 429 — VIRTUAL CHARTER SCHOOLS

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  1. ✓
    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

307 added · 347 removed

Plain-language change summary

The recent amendments to Bill SB 429 establish the "Virtual Charter Schools Act," which outlines specific requirements for the creation and oversight of virtual charter schools in New Mexico. Key changes include a clearer definition of the chartering authority's powers, stricter monitoring and oversight processes, and added performance targets that these schools must meet before expanding their enrollment. These adjustments aim to ensure that virtual charter schools operate effectively and maintain educational standards, ultimately benefiting students and local communities.

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SENATE BILL 429 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Mimi Stewart 6 8 10 AN ACT RELATING TO VIRTUAL CHARTER SCHOOLS;
SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 429 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4 6 8 10 AN ACT RELATING TO VIRTUAL CHARTER SCHOOLS;
REQUIRING THE PUBLIC EDUCATION COMMISSION TO CHARTER VIRTUAL CHARTER SCHOOLS THAT WILL DRAW STUDENTS FROM MORE THAN ONE SCHOOL DISTRICT;
ENACTING THE VIRTUAL CHARTER SCHOOLS ACT;
ALLOWING A SCHOOL DISTRICT TO CHARTER A VIRTUAL CHARTER SCHOOL THAT WILL ONLY ENROLL STUDENTS WHO RESIDE IN THE SCHOOL DISTRICT;
REQUIRING THE PUBLIC EDUCATION COMMISSION TO CHARTER VIRTUAL CHARTER SCHOOLS THAT DRAW STUDENTS FROM MORE 14 THAN ONE SCHOOL DISTRICT;
ALLOWING A SCHOOL DISTRICT TO CHARTER A VIRTUAL CHARTER SCHOOL THAT ENROLLS ONLY STUDENTS WHO RESIDE IN THE SCHOOL DISTRICT;
LIMITING THE NUMBER OF STUDENTS A e t 17 NEW VIRTUAL CHARTER SCHOOL MAY ENROLL UNTIL THE VIRTUAL CHARTER w l n d 18 SCHOOL HAS DEMONSTRATED THAT ITS PERFORMANCE MEETS OR EXCEEDS = = 19 ITS PERFORMANCE TARGETS;
LIMITING e t 17 THE NUMBER OF STUDENTS A NEW VIRTUAL CHARTER SCHOOL MAY ENROLL w l n d 18 UNTIL THE VIRTUAL CHARTER SCHOOL HAS DEMONSTRATED THAT ITS = = 19 PERFORMANCE MEETS OR EXCEEDS ITS PERFORMANCE TARGETS;
SETTING OUT ADDITIONAL REQUIREMENTS a l i a e r 20 FOR APPLICATIONS AND VIRTUAL CHARTER CONTRACTS;
SETTING a l i a e r 20 OUT ADDITIONAL REQUIREMENTS FOR APPLICATIONS AND VIRTUAL a t m m 21 CHARTER CONTRACTS;
REQUIRING a t m m 21 ADDITIONAL, RIGOROUS MONITORING AND OVERSIGHT BY THE CHARTERING d r e 22 AUTHORITY;
REQUIRING ADDITIONAL, RIGOROUS MONITORING d r e 22 AND OVERSIGHT BY THE CHARTERING AUTHORITY.
ALLOWING FOR THE ELIMINATION OF UNDERPERFORMING c e s k 23 GRADES IN RENEWAL APPLICATIONS IF STUDENT PERFORMANCE DOES NOT e a n b 24 MEET CONTRACT REQUIREMENTS.
c e s k 23 e a n b 24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
u [ .212278.3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
u [ SECTION 1.
SECTION 1.
A new section of the Public School Code is .214095.1 SJC/SB 429 enacted to read:
A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Virtual Charter Schools Act"." SECTION 2.
"[NEW MATERIAL] VIRTUAL CHARTER SCHOOLS--INITIAL AUTHORIZATION OR RENEWAL--EXCEPTION--OVERSIGHT CHARGE.-- 6 A.
A new section of the Public School Code is enacted to read:
As used in Sections 1 through 6 of this 2019 act:
"[NEW MATERIAL] DEFINITIONS.--As used in the Virtual Charter Schools Act:
(1) "management" means:
A.
(a) assuming administrative, operational, supervisory and evaluative responsibility and overall instructional leadership for the virtual charter school, including disciplining students and the planning, operation, supervision and evaluation of the educational program, education-related activities, policies and procedures of the school;
"management" means:
(b) employing, evaluating, promoting, e e 17 disciplining, discharging or terminating school employees and e e n d 18 developing professional development plans or job improvement = = l ] 19 plans to assist school employees to improve;
(1) assuming administrative, operational, supervisory and evaluative responsibility and overall instructional leadership for a virtual charter school, including disciplining students and the planning, operation, supervision and evaluation of the educational program, education-related activities, policies and procedures of the school;
a l r i 20 (c) day-to-day direction of the virtual t e a t charter school and its school employees, whether licensed or m m 21 e d unlicensed, and its contractors and subcontractors;
(2) employing, evaluating, promoting, e e 17 disciplining, discharging or terminating school employees and e e n d 18 developing professional development plans or job-improvement = = l ] 19 plans to assist school employees to improve;
r e 22 c e r c 23 (d) maintaining the privacy of student e a n b 24 records and performance data at the school site;
a l r i 20 (3) directing the day-to-day activities of a t e a t virtual charter school and its school employees, whether m m 21 e d licensed or unlicensed, and its contractors and subcontractors;
u [ (e) providing at least forty percent of .212278.3 - 2 - the educational programming at the virtual charter school;
r e 22 c e r c 23 (4) maintaining the privacy of student records e a n b 24 and performance data at a school site;
(f) developing a proposed budget for the public school, with input from the governing body, and submitting the proposed budget to the department or the local school board;
u [ (5) providing at least forty percent of the .214095.1 - 2 - SJC/SB 429 educational programming at a virtual charter school;
and (g) implementing the policies of the governing body;
(6) developing, with input from the governing body, a proposed budget for a virtual charter school and submitting the proposed budget to the department or to the local school board;
(2) "necessarily small school district" means a school district that has fewer than one thousand three hundred students;
or (7) implementing the policies of the governing body of a virtual charter school;
(3) "statewide" means enrolling students from more than one school district in the state;
B.
and (4) "virtual charter school" means a specialized charter school that provides for the delivery of more than sixty percent of instruction to students through online distance learning technologies in which the students are e e 17 separated from their primary teachers by time or space or both.
"necessarily small school district" means a school district that has fewer than one thousand three hundred students;
e e n d 18 B.
The charter for a virtual charter school is for = = l ] 19 a term of three school years, and renewals are also for three a l r i 20 years;
provided that the initial charter shall be for four t e a t years, with the first year being a planning year that does not m m 21 e d r e 22 include students.
The new or renewal charter for a virtual c e r c 23 charter school shall include all provisions of the Charter e a n b 24 Schools Act, unless otherwise provided by this section and u [ Sections 2 through 6 of this 2019 act, and shall include 4 .212278.3 - 3 - additional specific provisions in this 2019 act.
On and after the effective date of this 2019 act, only the commission may charter a new virtual charter school that enrolls students on a statewide basis.
"statewide" means enrolling students from more than one school district in the state;
Any applications to start or renew a statewide virtual charter school received by a local school board after December 30, 2018 shall be transferred to the commission on the effective date of this 2019 act.
and D.
"virtual charter school" means a charter school that provides for the delivery of more than sixty percent of instruction to students through online distance learning technologies in which the students are separated from their e e 17 primary teachers by time or space or both." e e n d 18 SECTION 3.
A new section of the Public School Code is = = l ] 19 enacted to read:
a l r i 20 "[NEW MATERIAL] VIRTUAL CHARTER SCHOOL TERMS--SITE t e a t VISITS.-- m m 21 e d A.
A virtual charter school may be approved for an r e 22 c e r c 23 initial term of four years;
provided that the first year shall e a n b 24 be used exclusively for planning and not for completing the u [ application.
A virtual charter school may be renewed for .214095.1 - 3 - SJC/SB 429 successive periods of three years each.
Approvals of less than three years may be agreed upon between the virtual charter school and the chartering authority.
B.
On or after July 1, 2019, the commission shall be the chartering authority for all statewide virtual charter schools.
A local school board shall not authorize or renew a statewide virtual charter school after the effective date of the Virtual Charter Schools Act;
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however, the local school board shall continue to provide oversight and administrative support for a statewide virtual charter school that the local school board chartered until the statewide virtual charter school's next charter renewal period, at which time the statewide virtual charter school shall seek renewal from the commission unless the statewide virtual charter school offers to limit its enrollment only to students who are residents of the school district.
e e 17 C.
A local school board may charter a virtual e e n d 18 charter school in which the only students who attend the = = l ] 19 virtual charter school are residents of the school district.
a l r i 20 D.
The commission is responsible for monitoring and t e a t overseeing statewide virtual charter schools and may delegate m m 21 e d those responsibilities to the charter schools division, except r e 22 c e r c 23 for final actions.
e a n b 24 E.
A virtual charter school shall not be eligible u [ for funding pursuant to the Public School Capital Outlay Act, .214095.1 - 4 - SJC/SB 429 the Public School Capital Improvements Act or the Public School Buildings Act or transportation funding pursuant to Chapter 22, Article 16 NMSA 1978.
F.
The department shall promulgate rules to carry out the provisions of the Virtual Charter Schools Act." SECTION 4.
A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] VIRTUAL CHARTER SCHOOL GRADE LIMITATIONS-- ENROLLMENT LIMITATIONS.-- A.
Beginning with charter applications submitted in 2019, qualified applicants for a new virtual charter school may operate only as a public school for students in any grades from fifth through twelfth grade and shall not be chartered to operate a school for kindergarten through fourth grade.
B.
A virtual charter school existing on July 1, that seeks renewal after that date shall not be authorized e e 17 to operate as a public school for students in kindergarten e e n d 18 through fourth grade;
provided that enrolled kindergarten = = l ] 19 through fourth grade students that were enrolled in the a l r i 20 immediately preceding year prior to the renewal year may t e a t continue in those grades, but the virtual charter school shall m m 21 e d not enroll any new kindergarten through fourth grade students.
r e 22 c e r c 23 C.
A statewide virtual charter school chartered e a n b 24 after January 1, 2019 shall not enroll more than two hundred u [ students per year until the virtual charter school has met or .214095.1 - 5 - SJC/SB 429 exceeded its annual performance targets.
At no time shall a statewide virtual charter school chartered after January 1, 2019 enroll more than one thousand students unless the school has demonstrated to the commission that the virtual charter school's performance exceeds its annual performance targets and its students are passing their courses and are on track toward timely or early graduation and receipt of diplomas of excellence.
A local school board may charter a virtual charter school in which the only students who attend the virtual charter school are residents of the school district.
A locally chartered virtual charter school chartered after January 1, 2019 shall not enroll more than two hundred students per year until the virtual charter school has demonstrated to the local school board that the virtual charter school has met or exceeded its annual performance targets.
A local school board shall charter no more than one virtual charter school in the school district.
The commission is responsible for monitoring and overseeing statewide virtual charter schools and may delegate those responsibilities to the division, except for final e e 17 actions.
A virtual charter school chartered after January 1, 2019 is prohibited from accepting students from a necessarily small school district if the virtual charter e e 17 school's proposed enrollment for all grades or the virtual e e n d 18 charter school's proposed enrollment for all grades in = = l ] 19 combination with any other charter schools' enrollment for all a l r i 20 grades would equal or exceed ten percent of the necessarily t e a t small school district's total membership.
The local school board is responsible for monitoring e e n d 18 and overseeing a single-district virtual charter school.
m m 21 e d F.
= = l ] 19 F.
A virtual charter school chartered after January r e 22 c e r c 23 1, 2019 shall not enroll a student who needs class C or D e a n b 24 special education unless the student's student assistance team, u [ or its equivalent, at the school or public or private .214095.1 - 6 - SJC/SB 429 educational training center or residential treatment center in which the student is or had been enrolled determines that the virtual charter school is an appropriate placement for the student and the student's parent and the student's medical and psychosocial specialists agree with the placement." SECTION 5.
The department shall promulgate rules to carry a l r i 20 out the provisions of this 2019 act.
A new section of the Public School Code is enacted to read:
t e a t G.
"[NEW MATERIAL] ADDITIONAL VIRTUAL CHARTER SCHOOL APPLICATION CONTENTS--PROCESS.--The application for a new or renewing virtual charter school shall be the same as for other charter applications, except for the following provisions:
The chartering authority shall charge no more m m 21 e d r e 22 than one percent of the virtual charter school's state c e r c 23 equalization guarantee distribution to pay the costs of e a n b 24 monitoring and overseeing a virtual charter school.
A.
u [ H.
a detailed description of how the virtual charter school's management and educational program will be provided;
A virtual charter school shall not be eligible .212278.3 - 4 - for public school capital outlay, lease assistance or facility maintenance funding pursuant to the Public School Capital Outlay Act, the Public School Capital Improvements Act or the Public School Buildings Act or transportation funding pursuant to Chapter 22, Article 16 NMSA 1978." SECTION 2.
A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] VIRTUAL CHARTER SCHOOL GRADE LIMITATIONS--PERFORMANCE--ENROLLMENT LIMITATIONS.-- A.
Beginning with charter applications submitted in 2019 and subsequent years, qualified applicants for a new virtual charter school may operate only as a public school for students in any grades from fifth through twelfth grade and shall not be chartered to operate a school for kindergarten through fourth grade.
Beginning in 2019, upon an application for e e 17 renewal of a charter, the chartering authority shall review the e e n d 18 performance of the virtual charter school grade by grade and, = = l ] 19 if the chartering authority finds that the virtual charter a l r i 20 school has not met its performance target for any grade, the t e a t virtual charter school shall not offer that grade during the m m 21 e d r e 22 next three-year chartering period.
a detailed description of the way the virtual charter school's educational program will meet the individual e e 17 needs of the students, including those students determined to e e n d 18 be at risk or in need of an individualized education plan = = l ] 19 pursuant to the federal Individuals with Disabilities Education a l r i 20 Act;
c e r c 23 C.
and t e a t C.
Beginning in 2019, if the chartering authority e a n b 24 finds during a virtual charter school renewal application that u [ the virtual charter school has not met its grade-level .212278.3 - 5 - performance targets, the chartering authority and the virtual charter school shall develop a transition plan that includes, at a minimum, how the virtual charter school shall provide timely notification of grade closure to students and families, teachers and other school personnel;
a description of how the virtual charter school m m 21 e d will maintain student performance data at the school site and r e 22 c e r c 23 the process by which the virtual charter school will comply e a n b 24 with the requirements of the federal Family Educational Rights u [ and Privacy Act of 1974 if sharing student information and .214095.1 - 7 - SJC/SB 429 performance data with any education-related contractors." SECTION 6.
timely notification to school districts materially affected by the grade closure;
A new section of the Public School Code is enacted to read:
and how the virtual charter school shall manage the timely and orderly transfer of student records to other schools.
"[NEW MATERIAL] ADDITIONAL VIRTUAL CHARTER SCHOOL CONTRACT REQUIREMENTS.--In addition to contract requirements in the Charter Schools Act, the contract shall include the chartering authority's duties to the virtual charter school, including a detailed description of the criteria, processes and procedures that the chartering authority will use for ongoing oversight and evaluation of governance, operational and financial performance of the virtual charter school and the academic performance and progress of its students." SECTION 7.
D.
A new section of the Public School Code is enacted to read:
A new statewide virtual charter school shall not enroll more than two hundred students per year until the virtual charter school has demonstrated to the commission's satisfaction that the virtual charter school's performance meets or exceeds its performance targets.
"[NEW MATERIAL] PROCUREMENT--CONTRACTS--CONTRACT REQUIREMENTS.-- e e 17 A.
At no time shall a new statewide virtual charter school chartered after January 1, 2019 enroll more than one thousand students unless the school's performance exceeds its performance targets and its students e e 17 are passing their courses and are on track toward timely or e e n d 18 early graduation and receipt of diplomas of excellence.
A virtual charter school is subject to the e e n d 18 Procurement Code.
= = l ] 19 E.
Notwithstanding the Procurement Code, a = = l ] 19 virtual charter school shall not enter into a sole source a l r i 20 contract.
A new locally chartered virtual charter school a l r i 20 shall not enroll more than two hundred students per year until t e a t the virtual charter school has demonstrated to the local school m m 21 e d r e 22 board's satisfaction that the virtual charter school's c e r c 23 performance meets or exceeds its performance targets.
t e a t B.
e a n b 24 F.
Except for small purchases made pursuant to m m 21 e d r e 22 Section 13-1-125 NMSA 1978, the chartering authority may c e r c 23 require that any requests for proposals or procurement be e a n b 24 subject to its review.
A new virtual charter school is prohibited from u [ accepting full-time students from a necessarily small school .212278.3 - 6 - district if the virtual charter school's proposed enrollment for all grades or the virtual charter school's proposed enrollment for all grades in combination with any other charter schools' enrollment of all grades would equal or exceed ten percent of the necessarily small school district's total membership.
A virtual charter school shall not u [ artificially divide any requests for proposals or procurement .214095.1 - 8 - SJC/SB 429 so as to constitute a small purchase under this subsection.
G.
A new virtual charter school shall not enroll a student who needs class C or D special education unless the student's student assistance team, or its equivalent, at the school or public or private educational training center or residential treatment center in which the student is or had been enrolled determines that the virtual charter school is an appropriate placement for the student and the student's parent and the student's medical and psychosocial specialists agree with the placement." SECTION 3.
A new section of the Charter Schools Act is e e 17 enacted to read:
e e n d 18 "[NEW MATERIAL] VIRTUAL CHARTER SCHOOL APPLICATION = = l ] 19 PROCESS--BOARD OF FINANCE DESIGNATION REQUIRED.--The a l r i 20 application for a new or renewing virtual charter school shall t e a t be the same as other charter applications, except for the m m 21 e d r e 22 following provisions:
c e r c 23 A.
a detailed description of how the virtual e a n b 24 charter school's management and educational program will be u [ provided and the name and contact information of the owners or .212278.3 - 7 - board members of any proposed management- and education-related service contractors and the names and contact information of board members of other business entities that the virtual charter school proposes to contract with and the services to be provided by those contractors;
B.
a detailed description of the way the virtual charter school's educational program will meet the individual needs of the students, including those students determined to be at risk or in need of an individualized education plan pursuant to the federal Individuals with Disabilities Education Act;
a description of how the virtual charter school will maintain student performance data at the school site and the process by which the virtual charter school will comply with the requirements of the federal Family Educational Rights and Privacy Act of 1974 if sharing student information and e e 17 performance data with any education-related contractors;
Any contract for management or educational services shall include:
and e e n d 18 D.
(1) clear identification of all fees to be paid to the contractor;
a virtual charter school whose governing body = = l ] 19 does not qualify as a board of finance shall not be approved a l r i 20 for operation.
(2) detailed invoices from the contractor to allow the chartering authority to compare costs for specific items or services purchased by the virtual charter school;
If the governing body loses its board of t e a t finance status, the chartering authority shall suspend or m m 21 e d r e 22 revoke the charter." c e r c 23 SECTION 4.
(3) a statement of the respective roles and responsibilities of the governing body, the virtual charter school staff and the management or educational services provider;
A new section of the Charter Schools Act is e a n b 24 enacted to read:
(4) performance evaluation measures and time lines;
u [ "[NEW MATERIAL] VIRTUAL CHARTER SCHOOL CONTRACT-- .212278.3 - 8 - CONTENTS--RULES.-- A.
(5) the methods of contract oversight and enforcement;
The chartering authority shall enter into a three-year contract with the governing body of the applicant virtual charter school within thirty days of approval of the charter application.
e e 17 (6) the conditions for renewal and termination e e n d 18 of the contract;
The term of renewal of a virtual charter school contract shall be for no more than three years.
and = = l ] 19 (7) the process by which the virtual charter a l r i 20 school shall comply with the federal Family Educational Rights t e a t and Privacy Act of 1974 if sharing student data and performance m m 21 e d data with any education-related contractor and how the virtual r e 22 c e r c 23 charter school will maintain student data and performance data e a n b 24 at the school site.
B.
u [ D.
The contract shall include:
A virtual charter school may contract with one .214095.1 - 9 - SJC/SB 429 or more school districts, universities or colleges, political subdivisions of the state or tribal governments for the use of appropriate testing sites when the virtual charter school's students are required to take national or state tests, and such tests shall be proctored.
(1) the chartering authority's duties to the virtual charter school, including a detailed description of the criteria, processes and procedures that the chartering authority will use for ongoing oversight and evaluation of governance, operational and financial performance of the virtual charter school and the academic performance and progress of its students and how the department or local school board will use the withheld percentage of the state equalization guarantee distribution to perform its monitoring e e 17 and oversight responsibilities;
e e n d 18 (2) the requirement that the virtual charter = = l ] 19 school participate in the public school insurance authority;
a l r i 20 (3) if the virtual charter school proposes to t e a t contract with a third-party provider for any management- or m m 21 e d r e 22 education-related services:
c e r c 23 (a) the corporate status of the proposed e a n b 24 contractor;
u [ (b) a term sheet setting forth the .212278.3 - 9 - proposed duration of a service contract;
(c) the respective roles and responsibilities of the governing body, the virtual charter school staff and the third-party provider;
(d) the scope of services and resources to be provided by the third-party provider;
(e) performance evaluation measures and time lines;
(f) the compensation structure, including clear identification of all fees to be paid to the third-party provider;
(g) methods of contract oversight and enforcement;
(h) investment disclosure;
(i) conditions for renewal and termination of the contract;
and e e 17 (j) detailed invoices to allow the e e n d 18 chartering authority to compare costs for specific items or = = l ] 19 services purchased by the virtual charter school;
a l r i 20 (4) the provision of data to the chartering t e a t authority for monitoring and oversight purposes, funding and m m 21 e d r e 22 renewal and closure decisions;
and c e r c 23 (5) the process by which the virtual charter e a n b 24 school shall comply with the federal Family Educational Rights u [ and Privacy Act of 1974 if sharing student data and performance .212278.3 - 10 - data with any education-related contractor and how the virtual charter school will maintain student data and performance data at the school site." SECTION 5.
A new section of the Charter Schools Act is enacted to read:
"[NEW MATERIAL] VIRTUAL CHARTER SCHOOL--GOVERNING BODY-- OPERATION--CONFLICT--NEPOTISM.-- A.
A person shall not serve as a member of a virtual charter school governing body if the person or an immediate family member of the person is employed at the school or is an owner or agent of or contractor with or otherwise has a financial interest in a for-profit or nonprofit entity with which the virtual charter school contracts directly or indirectly for professional services or goods.
A violation of this subsection renders the contract between the person or the person's immediate family member and the virtual charter school e e 17 voidable at the option of the chartering authority or governing e e n d 18 body.
A person who knowingly violates this subsection may be = = l ] 19 individually liable to the virtual charter school for any a l r i 20 financial damage caused by the violation.
A virtual charter t e a t school board or head administrator shall not employ an m m 21 e d r e 22 immediate family member of a board member, officer or employee c e r c 23 of the virtual charter school.
As used in this subsection, e a n b 24 "immediate family member" means a spouse, father, father-in- u [ law, mother, mother-in-law, son, son-in-law, daughter, .212278.3 - 11 - daughter-in-law, brother, brother-in-law, sister, sister-in-law or any other relative who is financially supported by the person.
B.
A governing body, or member of the governing body, or an employee, officer or agent of a virtual charter school shall not participate in selecting, awarding or administering a contract with the virtual charter school if a conflict of interest exists.
A conflict of interest exists when the member, employee, officer or agent or an immediate family member of the member, employee, officer or agent has a financial interest in the entity with which the virtual charter school is contracting.
A violation of this subsection renders the contract voidable at the option of the chartering authority or governing body.
C.
A virtual charter school may contract with one or more school districts, universities or colleges, political e e 17 subdivisions of the state or tribal governments for the use of e e n d 18 appropriate testing sites when the virtual charter school's = = l ] 19 students are required to take national or state tests;
such a l r i 20 tests shall be proctored.
t e a t D.
A virtual charter school is subject to the m m 21 e d r e 22 Procurement Code.
Any sole source purchases shall be approved c e r c 23 by the chartering authority.
The chartering authority may e a n b 24 require that requests for proposals and personal service u [ contracts over sixty thousand dollars ($60,000) be subject to .212278.3 - 12 - its review.
Requests for proposals and procurements shall not be artificially divided so as to constitute a small purchase under this subsection.
The department shall not waive the statutory instructional time required of public schools, and a virtual charter school shall ensure that its students are meeting the required number of instructional hours during a school year." SECTION 6.
The department shall not waive the statutory instructional time required of public schools, and a virtual charter school shall ensure that its students are meeting the required number of instructional hours during a school year." SECTION 8.
A new section of the Charter Schools Act is enacted to read:
A new section of the Public School Code is enacted to read:
As part of a chartering authority's performance review of a virtual charter school, a chartering authority shall visit a virtual charter school under its authority at least twice a school year to provide technical assistance to e e 17 the virtual charter school and to determine the status of the e e n d 18 virtual charter school and the progress toward the performance = = l ] 19 framework goals in its virtual charter school contract.
As part of its performance review of a virtual charter school, a chartering authority shall visit a virtual e e 17 charter school under its authority at least twice annually to e e n d 18 provide technical assistance to the virtual charter school and = = l ] 19 to determine the status of the virtual charter school and the a l r i 20 progress of the virtual charter school toward the performance t e a t framework in its charter contract.
a l r i 20 B.
m m 21 e d B.
If a chartering authority suspends, revokes or t e a t refuses to renew a virtual charter school's charter, that m m 21 e d r e 22 decision is a final agency decision and may not be appealed to c e r c 23 the secretary." e a n b 24 SECTION 7.
At the end of each school year, a chartering r e 22 c e r c 23 authority shall notify the department of any virtual charter e a n b 24 school that failed to meet its annual performance targets.
A new section of the Public School Finance u [ Act is enacted to read:
u [ C.
.212278.3 - 13 - "[NEW MATERIAL] VIRTUAL CHARTER SCHOOL PROGRAM COST CALCULATION--LOCAL RESPONSIBILITY.-- A.
At the end of the second or a subsequent .214095.1 - 10 - SJC/SB 429 charter term, a chartering authority shall not renew the charter of a virtual charter school that has had its program cost withheld for two or more consecutive years because it is not meeting its annual performance targets in accordance with Section 10 of this 2019 act.
For fiscal year 2020 and subsequent fiscal years, the total program units for the purpose of computing the program cost of virtual charter schools shall be calculated by adding together the itemized program units as follows:
Nothing in this section shall be construed to limit a chartering authority's power to revoke or refuse to renew a virtual charter school's charter.
D.
If a chartering authority revokes or refuses to renew a virtual charter school's charter, that decision is a final agency decision and may not be appealed to the secretary, but may be appealed to the district court as provided in Section 39-3-1.1 NMSA 1978." SECTION 9.
A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] APPLICABILITY.--A virtual charter school is a charter school subject to the provisions of the Public e e 17 School Code that are applicable to charter schools, except as e e n d 18 provided in the Virtual Charter Schools Act and the Public = = l ] 19 School Finance Act." a l r i 20 SECTION 10.
A new section of the Public School Finance t e a t Act is enacted to read:
m m 21 e d "[NEW MATERIAL] VIRTUAL CHARTER SCHOOL PROGRAM COST r e 22 c e r c 23 CALCULATION--LOCAL RESPONSIBILITY.-- e a n b 24 A.
For fiscal year 2020 and subsequent fiscal u [ years, the total program units for the purpose of computing the .214095.1 - 11 - SJC/SB 429 program cost of virtual charter schools shall be calculated by multiplying the program units itemized in Paragraph (1) of this subsection by the staffing cost multiplier and adding the program units itemized in Paragraph (2) and (3) of this subsection.
The itemized program units are as follows:
Except as otherwise provided in this section, funds generated under the Public School Finance Act are discretionary to governing bodies;
On notification by the chartering authority pursuant to Subsection B of Section 8 of the Virtual Charter Schools Act, the department shall withhold ten percent of the program cost of a virtual charter school that does not meet the annual performance targets established in its performance framework;
provided that the special program needs as enumerated in this section are met;
provided that the withholding shall be during the e e 17 immediately subsequent school year and shall continue until the e e n d 18 virtual charter school meets its annual performance targets." = = l ] 19 SECTION 11.
and provided further that if a virtual charter school does not meet e e 17 its performance targets, the virtual charter school shall lose e e n d 18 ten percent of its program cost for subsequent school years = = l ] 19 until the virtual charter school meets those targets." a l r i 20 - 14 - t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212278.3
EFFECTIVE DATE.--The effective date of the a l r i 20 provisions of this act is July 1, 2019.
t e a t - 12 - m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .214095.1
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. DO PASS, as amended, committee report adopted

  4. Sent to Senate Education Committee & Senate Judiciary Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 429?
SB 429 is sponsored by Mimi Stewart (Democrat).
What is the current status of SB 429?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 429?
Track SB 429 free on One Click Politics — get push/email alerts when it moves.

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