HB 29 — NO SCHOOL DISCRIMINATION FOR HAIR

The school district in which a charter school is egeographically rlocated =shall tprovide ea wcharter dschool mwith aavailable nfacilities ofor geographicallythe locatedschool's shalloperations provideunless athe charterfacilities schoolare withcurrently dused mfor :other educational purposes.

b r e t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 6 - e a n e d r e l u [ A d available facilities for the school's operations unless the facilities are currently used for other educational purposes.

and provided further HB 29/a Page 6 that any lease payments received by a school district may be retained by the school district and shall not be considered to be cash balances in any calculation pursuant to Section 22-8-41 NMSA 1978.

As used in this subsection, "other educational purposes" includes h health clinics, daycare centers, teacher training centers, u » r school district administration functions and other ancillary t h g e l i services related to a school district's functions and h r i s operations.

h , e h G.

A locally chartered charter school may pay the t u g e b l e e , gh costs of operation and maintenance of its facilities or may n d d i = = o h contract with the school district to provide facility operation l ] b ,d i a º r and maintenance services.

e r = t e w d m a n o H.

Locally chartered charter school facilities are deligible mfor :state and local capital outlay funds and shall be included in the school district's five-year facilities plan.

b r e t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 7 - e a n e d r e l u [ A d eligible for state and local capital outlay funds and shall be included in the school district's five-year facilities plan.

The school district, in conjunction with the charter school, may establish a limit for student transportation to and from the charter school site not to HB 29/a Page 7 extend beyond the school district boundary.

With the approval of the chartering authority, a single charter school may maintain separate facilities at two h or more locations within the same school district;

but, for u » r purposes of calculating program units pursuant to the Public t h g e l i School Finance Act, the separate facilities shall be treated h r i s together as one school.

h , e h M.

A charter school shall be subject to the t u g e b l e e , gh provisions of Section 22-2-8 NMSA 1978 and the Assessment and n d d i = = o h Accountability Act.

l ] b ,d i a º r N.

Within constitutional and statutory limits, a e r = t e w d m a n o charter school may acquire and dispose of property;

provided dthat, mupon :termination of the charter, all assets of the locally chartered charter school shall revert to the local school board and all assets of the state-chartered charter school shall revert to the state, except that, if all or any portion of a state-chartered charter school facility is financed with the proceeds of general obligation bonds issued by a local school board, the facility shall revert to the local school board.

bHB r29/a ePage t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 8 -O. e a n e d r e l u [ A d that, upon termination of the charter, all assets of the locally chartered charter school shall revert to the local school board and all assets of the state-chartered charter school shall revert to the state, except that, if all or any portion of a state-chartered charter school facility is financed with the proceeds of general obligation bonds issued by a local school board, the facility shall revert to the local school board.

O.

The governing body may contract and sue and be h sued.

A local school board shall not be liable for any acts or u » r omissions of the charter school.

t h g e l i Q.

A charter school shall comply with all state and h r i s federal health and safety requirements applicable to public h , e h schools, including those health and safety codes relating to t u g e b l e e , gh educational building occupancy.

n d d i = = o h R.

A charter school is a public school that may l ] b ,d i a º r contract with a school district or other party for provision of e r = t e w d m a n o financial management, food services, transportation, dfacilities, meducation-related :services or other services.

b r e t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 9 - e a n e d r e l u [ A d facilities, education-related services or other services.

A charter school shall comply with all applicable state and federal laws and rules related to HB 29/a Page 9 providing special education services.

The state-state-chartered chartered charter school, as a local educational agency, shall h assume responsibility for determining students' needs for g o t hr special education and related services.

The division may g e i k promulgate rules to implement the requirements of this h r i s subsection.

h , t, U.

e u g e b l e e h (1) "cultural HJCºoror religious»HJCreligious n d d i = = o h headdresses" includes HECºburkas»HEChijabs, HECºhijabs»HEC , head l ] b ,d i a º e wraps or other headdresses used as part of an individual's r i = r t e w d m a n o personal cultural HJCºoror religious»HJCreligious beliefs;

d(2) m"protective :hairstyles" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, weaves, wigs or head wraps;

band e(3) d"race" sincludes ºtraits ohistorically tassociated nwith =race, .218242.1AICincluding Februaryhair 5,texture, 2021length (10:49am)of shair, kprotective m e - 10 - e a n e d r e l u [ A d (2) "protective hairstyles" includes such hairstyles asor braids,cultural locs, twists, tight coils or curls,religious cornrows,headdresses." bantuSECTION knots,3. afros, weaves, wigs or head wraps;

and (3) "race" includes traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural HJCºor religious»HJC headdresses." SECTION 3.

HB 29/a Page 10 A.

h C.

g o t hr D.

"director" or "bureau" means the human rights g e i k bureau of the labor relations division of the workforce h r i s solutions department;

h , t, E.

"employee" means any person in the employ of an e u g e b l e e h employer or an applicant for employment;

n d d i = = o h F.

"labor organization" means any organization that l ] b ,d i a º e exists for the purpose in whole or in part of collective rbargaining ior =of rdealing twith eemployers wconcerning dgrievances, mterms aor nconditions oof bargainingemployment or of dealingother withmutual employersaid concerningor grievances,protection din mconnection :with employment;

b e d s º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 11 - e a n e d r e l u [ A d terms or conditions of employment or of other mutual aid or protection in connection with employment;

"public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that HB 29/a Page 11 is by its nature and use distinctly private;

"real property" means lands, leaseholds or h commercial or industrial buildings, whether constructed or to u » r be constructed, offered for sale or rent, and any land rented t h g e l i or leased for the use, parking or storage of house trailers;

h r i s K.

"secretary" means the secretary of workforce h , e h solutions;

t u g e b l e e , gh L.

"unlawful discriminatory practices" means those n d d i = = o h unlawful practices and acts specified in Section 28-1-7 NMSA l ] b ,d i a º r 1978;

e r = t e w d m a n o M.

"physical or mental handicap" means a physical dor mmental :impairment that substantially limits one or more of a person's major life activities.

b r e t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 12 - e a n e d r e l u [ A d or mental impairment that substantially limits one or more of a person's major life activities.

HB 29/a Page 12 P.

"gender identity" means a person's self- perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in h accord with or opposed to the person's physical anatomy, u » r chromosomal sex or sex at birth;

t h g e l i R.

"reasonable accommodation" means modification or h r i s adaptation of the work environment, work schedule, work rules h , e h or job responsibilities, and reached through good faith efforts t u g e b l e e , gh to explore less restrictive or less expensive alternatives to n d d i = = o h enable an employee to perform the essential functions of the l ] b ,d i a º r job and that does not impose an undue hardship on the employer;

eS. r = t e w d m a n o [and ] d m :

b r e t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 13 - e a n e d r e l u [ A d S.

(4) the effect of the accommodation on HB 29/a Page 13 expenses and resources;

(7) the overall size of the business of an employer with respect to the number, type and location of its h facilities;

g o t hr (8) the type of operation of the employer, g e i k including the composition, structure and functions of the h r i s workforce of the employer;

or h , t, (9) the geographic separateness or e u g e b l e e h administrative or fiscal relationship to the employer of the n d d i = = o h employer's facilities;

l ] b ,d i a º e T.

"cultural HJCºoror religious»HJCreligious headdresses" rincludes ihijabs, =head rwraps tor eother wheaddresses dused mas apart nof oan includesindividual's HECºburkas»HECpersonal HECºhijabs»HECcultural , head wraps or otherreligious dbeliefs; m :

b e d s º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e - 14 - e a n e d r e l u [ A d headdresses used as part of an individual's personal cultural HJCºor religious»HJC beliefs;

"race" includes traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural HJCºoror religious»HJCreligious headdresses." SECTION 4.

-HB 1529/a -Page h14 u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .218242.1AIC February 5, 2021 (10:49am) s k m e e a n e d r e l u [ A d