New Mexico 2025 Regular Session

New Mexico Senate Bill SB163 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB 163~~
2		-	~~Page 1~~
	1	+	underscored material = new
	2	+	[bracketed material] = delete
3	3		1
4	4		2
5	5		3
6	6		4
7	7		5
8	8		6
9	9		7
10	10		8
11	11		9
12	12		10
13	13		11
14	14		12
15	15		13
16	16		14
17	17		15
18	18		16
19	19		17
20	20		18
21	21		19
22	22		20
23	23		21
24	24		22
25	25		23
26	26		24
27	27		25
	28	+	SENATE BILL 163
	29	+	57
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2025
	46	+	INTRODUCED BY
	47	+	Benny Shendo, Jr.
28	48		AN ACT
29	49		RELATING TO PUBLIC SCHOOLS; PERMITTING PUBLIC SCHOOL STUDENTS
30	50		WHO ARE ENROLLED, OR ELIGIBLE FOR ENROLLMENT, IN FEDERALLY
31	51		RECOGNIZED INDIAN NATIONS, TRIBES AND PUEBLOS TO WEAR TRIBAL
32		-	REGALIA AT GRADUATION CEREMONIES OR PUBLIC SCHOOL EVENTS;
33		-	DECLARING AN EMERGENCY.
	52	+	REGALIA AT GRADUATION CEREMONIES OR PUBLIC SCHOOL EVENTS.
34	53		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
35	54		SECTION 1. Section 22-5-4.3 NMSA 1978 (being Laws 1986,
36	55		Chapter 33, Section 9, as amended by Laws 2021, Chapter 19,
37	56		Section 1 and by Laws 2021, Chapter 37, Section 1 and also by
38	57		Laws 2021, Chapter 51, Section 8) is amended to read:
39		-	"22-5-4.3. SCHOOL DISCIPLINE POLICIES--RACIAL
40		-	SENSITIVITY AND ANTI-RACISM TRAINING--HOTLINE FOR REPORTING
41		-	RACIALLY CHARGED INCIDENTS AND RACIALIZED AGGRESSION
42		-	INVOLVING STUDENTS OR SCHOOL PERSONNEL--STUDENTS MAY
43		-	SELF-ADMINISTER CERTAIN MEDICATIONS.--
44		-	A. Local school boards shall establish student
45		-	discipline policies and shall file them with the department.
46		-	The local school board shall involve parents, school
47		-	personnel and students in the development of these policies,
48		-	and public hearings shall be held during the formulation of
49		-	these policies in the high school attendance areas within
50		-	each school district or on a district-wide basis for those
51		-	school districts that have no high school. No local school SB 163
52		-	Page 2
	58	+	"22-5-4.3. SCHOOL DISCIPLINE POLICIES--RACIAL SENSITIVITY
	59	+	AND ANTI-RACISM TRAINING--HOTLINE FOR REPORTING RACIALLY
	60	+	CHARGED INCIDENTS AND RACIALIZED AGGRESSION INVOLVING STUDENTS
	61	+	OR SCHOOL PERSONNEL--STUDENTS MAY SELF-ADMINISTER CERTAIN
	62	+	MEDICATIONS.--
	63	+	.229661.1SA underscored material = new
	64	+	[bracketed material] = delete
53	65		1
54	66		2
55	67		3
56	68		4
57	69		5
58	70		6
59	71		7
60	72		8
61	73		9
62	74		10
63	75		11
64	76		12
65	77		13
66	78		14
67	79		15
68	80		16
69	81		17
70	82		18
71	83		19
72	84		20
73	85		21
74	86		22
75	87		23
76	88		24
77	89		25
78		-	board shall allow for the imposition of discipline,
79		-	discrimination or disparate treatment against a student based
80		-	on the student's race, religion or culture or because of the
81		-	student's use of protective hairstyles or cultural or
82		-	religious headdresses.
	90	+	A. Local school boards shall establish student
	91	+	discipline policies and shall file them with the department.
	92	+	The local school board shall involve parents, school personnel
	93	+	and students in the development of these policies, and public
	94	+	hearings shall be held during the formulation of these policies
	95	+	in the high school attendance areas within each school district
	96	+	or on a district-wide basis for those school districts that
	97	+	have no high school. No local school board shall allow for the
	98	+	imposition of discipline, discrimination or disparate treatment
	99	+	against a student based on the student's race, religion or
	100	+	culture or because of the student's use of protective
	101	+	hairstyles or cultural or religious headdresses.
83	102		B. Each school district discipline policy shall
84	103		establish rules of conduct governing areas of student and
85		-	school activity, detail specific prohibited acts and
86		-	activities and enumerate possible disciplinary sanctions,
87		-	which sanctions may include in-school suspension, school
88		-	service, suspension or expulsion. Corporal punishment shall
89		-	be prohibited by each local school board and each governing
90		-	body of a charter school.
	104	+	school activity, detail specific prohibited acts and activities
	105	+	and enumerate possible disciplinary sanctions, which sanctions
	106	+	may include in-school suspension, school service, suspension or
	107	+	expulsion. Corporal punishment shall be prohibited by each
	108	+	local school board and each governing body of a charter school.
91	109		C. An individual school within a school district
92	110		may establish a school discipline policy, provided that
93	111		parents, school personnel and students are involved in its
94		-	development and a public hearing is held in the school prior
95		-	to its adoption. If an individual school adopts a discipline
96		-	policy in addition to the local school board's school
97		-	district discipline policy, it shall submit its policy to the
98		-	local school board for approval.
99		-	D. All school discipline policies shall define and
100		-	include a specific prohibition against racialized aggression
101		-	involving a student or school personnel. Every school
102		-	district and every charter school shall provide links to the SB 163
103		-	Page 3
	112	+	development and a public hearing is held in the school prior to
	113	+	its adoption. If an individual school adopts a discipline
	114	+	policy in addition to the local school board's school district
	115	+	.229661.1SA
	116	+	- 2 - underscored material = new
	117	+	[bracketed material] = delete
104	118		1
105	119		2
106	120		3
107	121		4
108	122		5
109	123		6
110	124		7
111	125		8
112	126		9
113	127		10
114	128		11
115	129		12
116	130		13
117	131		14
118	132		15
119	133		16
120	134		17
121	135		18
122	136		19
123	137		20
124	138		21
125	139		22
126	140		23
127	141		24
128	142		25
129		-	statewide hotline to report racially charged incidents or
130		-	racialized aggression.
131		-	E. No school employee who in good faith reports
132		-	any known or suspected violation of the school discipline
133		-	policy or in good faith attempts to enforce the policy shall
134		-	be held liable for any civil damages as a result of such
135		-	report or of the employee's efforts to enforce any part of
136		-	the policy.
137		-	F. All public school and school district
138		-	discipline policies shall allow students to carry and
139		-	self-administer asthma medication and emergency anaphylaxis
140		-	medication that has been legally prescribed to the student by
141		-	a licensed health care provider under the following
142		-	conditions:
	143	+	discipline policy, it shall submit its policy to the local
	144	+	school board for approval.
	145	+	D. All school discipline policies shall define and
	146	+	include a specific prohibition against racialized aggression
	147	+	involving a student or school personnel. Every school district
	148	+	and every charter school shall provide links to the statewide
	149	+	hotline to report racially charged incidents or racialized
	150	+	aggression.
	151	+	E. No school employee who in good faith reports any
	152	+	known or suspected violation of the school discipline policy or
	153	+	in good faith attempts to enforce the policy shall be held
	154	+	liable for any civil damages as a result of such report or of
	155	+	the employee's efforts to enforce any part of the policy.
	156	+	F. All public school and school district discipline
	157	+	policies shall allow students to carry and self-administer
	158	+	asthma medication and emergency anaphylaxis medication that has
	159	+	been legally prescribed to the student by a licensed health
	160	+	care provider under the following conditions:
143	161		(1) the health care provider has instructed
144	162		the student in the correct and responsible use of the
145	163		medication;
146		-	(2) the student has demonstrated to the
147		-	health care provider and the school nurse or other school
148		-	official the skill level necessary to use the medication and
149		-	any device that is necessary to administer the medication as
150		-	prescribed;
151		-	(3) the health care provider formulates a
152		-	written treatment plan for managing asthma or anaphylaxis
153		-	episodes of the student and for medication use by the student SB 163
154		-	Page 4
	164	+	(2) the student has demonstrated to the health
	165	+	care provider and the school nurse or other school official the
	166	+	skill level necessary to use the medication and any device that
	167	+	is necessary to administer the medication as prescribed;
	168	+	.229661.1SA
	169	+	- 3 - underscored material = new
	170	+	[bracketed material] = delete
155	171		1
156	172		2
157	173		3
158	174		4
159	175		5
160	176		6
161	177		7
162	178		8
163	179		9
164	180		10
165	181		11
166	182		12
167	183		13
168	184		14
169	185		15
170	186		16
171	187		17
172	188		18
173	189		19
174	190		20
175	191		21
176	192		22
177	193		23
178	194		24
179	195		25
	196	+	(3) the health care provider formulates a
	197	+	written treatment plan for managing asthma or anaphylaxis
	198	+	episodes of the student and for medication use by the student
180	199		during school hours or school-sponsored activities, including
181	200		transit to or from school or school-sponsored activities; and
182	201		(4) the student's parent has completed and
183	202		submitted to the school any written documentation required by
184		-	the school or the school district, including the treatment
185		-	~~plan~~ required in Paragraph (3) of this subsection and other
	203	+	the school or the school district, including the treatment plan
	204	+	required in Paragraph (3) of this subsection and other
186	205		documents related to liability.
187	206		G. The parent of a student who is allowed to carry
188		-	and self-administer asthma medication and emergency
189		-	anaphylaxis medication may provide the school with backup
190		-	medication that shall be kept in a location to which the
191		-	student has immediate access in the event of an asthma or
192		-	anaphylaxis emergency.
	207	+	and self-administer asthma medication and emergency anaphylaxis
	208	+	medication may provide the school with backup medication that
	209	+	shall be kept in a location to which the student has immediate
	210	+	access in the event of an asthma or anaphylaxis emergency.
193	211		H. Authorized school personnel who in good faith
194	212		provide a person with backup medication as provided in this
195		-	section shall not be held liable for civil damages as a
196		-	~~result~~ of providing the medication.
	213	+	section shall not be held liable for civil damages as a result
	214	+	of providing the medication.
197	215		I. Local school boards and governing bodies of
198	216		charter schools shall not prohibit a student who is enrolled,
199	217		or eligible for enrollment, in a federally recognized Indian
200		-	nation, tribe or pueblo from wearing tribal regalia or
201		-	~~objects~~ of cultural significance along with or attached to a
202		-	~~cap or~~ gown or wearing tribally significant footwear or other
203		-	~~items of apparel under a gown at graduation ceremonies or~~
204		-	~~public school events.~~ ~~SB 163~~
205		-	~~Page 5~~
	218	+	nation, tribe or pueblo from wearing tribal regalia or objects
	219	+	of cultural significance along with or attached to a cap or
	220	+	gown or wearing tribally significant footwear or other items of
	221	+	.229661.1SA
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
206	224		1
207	225		2
208	226		3
209	227		4
210	228		5
211	229		6
212	230		7
213	231		8
214	232		9
215	233		10
216	234		11
217	235		12
218	236		13
219	237		14
220	238		15
221	239		16
222	240		17
223	241		18
224	242		19
225	243		20
226	244		21
227	245		22
228	246		23
229	247		24
230	248		25
231		-	J. As used in this section:
	249	+	apparel under a gown at graduation ceremonies or public school
	250	+	events.
	251	+	[I.] J. As used in this section:
232	252		(1) "cultural or religious headdresses"
233	253		includes hijabs, head wraps or other headdresses used as part
234		-	of a person's personal cultural or religious beliefs;
	254	+	of [an individual's] a person's personal cultural or religious
	255	+	beliefs;
235	256		(2) "protective hairstyles" includes such
236	257		hairstyles as braids, locs, twists, tight coils or curls,
237	258		cornrows, bantu knots, afros, weaves, wigs or head wraps; and
	259	+	[(3) "race" includes traits historically
	260	+	associated with race, including hair texture, length of hair,
	261	+	protective hairstyles or cultural or religious headdresses ]
238	262		(3) "tribal regalia" means a tribe's
239	263		traditional dress or recognized objects of religious or
240	264		cultural significance, including tribal symbols, jewelry,
241	265		beading and feathers."
242	266		SECTION 2. Section 22-8B-4 NMSA 1978 (being Laws 1999,
243	267		Chapter 281, Section 4, as amended) is amended to read:
244		-	"22-8B-4. CHARTER SCHOOLS' RIGHTS AND
245		-	RESPONSIBILITIES--OPERATION.--
246		-	A. A charter school shall be governed by a
247		-	governing body in the manner set forth in the charter
248		-	contract; provided that a governing body shall have at least
249		-	five members; and provided further that no member of a
250		-	governing body for a charter school that is initially
251		-	approved on or after July 1, 2005 or whose charter is renewed
252		-	on or after July 1, 2005 shall serve on the governing body of
253		-	another charter school. No member of a local school board
254		-	shall be a member of a governing body for a charter school or
255		-	employed in any capacity by a locally chartered charter SB 163
256		-	Page 6
	268	+	"22-8B-4. CHARTER SCHOOLS' RIGHTS AND RESPONSIBILITIES--
	269	+	OPERATION.--
	270	+	[A. A charter school shall be subject to all
	271	+	federal and state laws and constitutional provisions
	272	+	prohibiting discrimination on the basis of disability, physical
	273	+	or mental handicap, serious medical condition, race, creed,
	274	+	.229661.1SA
	275	+	- 5 - underscored material = new
	276	+	[bracketed material] = delete
257	277		1
258	278		2
259	279		3
260	280		4
261	281		5
262	282		6
263	283		7
264	284		8
265	285		9
266	286		10
267	287		11
268	288		12
269	289		13
270	290		14
271	291		15
272	292		16
273	293		17
274	294		18
275	295		19
276	296		20
277	297		21
278	298		22
279	299		23
280	300		24
281	301		25
282		-	school located within the local school board's school
283		-	district during the term of office for which the member was
284		-	elected or appointed.
285		-	B. A charter school shall be responsible for:
	302	+	color, sex, gender identity, sexual orientation, spousal
	303	+	affiliation, national origin, religion, ancestry or need for
	304	+	special education services and shall not allow for the
	305	+	imposition of discipline, discrimination or disparate treatment
	306	+	against a student based on the student's race, religion or
	307	+	culture or because of the student's use of protective
	308	+	hairstyles or cultural or religious headdresses.
	309	+	B.] A. A charter school shall be governed by a
	310	+	governing body in the manner set forth in the charter contract;
	311	+	provided that a governing body shall have at least five
	312	+	members; and provided further that no member of a governing
	313	+	body for a charter school that is initially approved on or
	314	+	after July 1, 2005 or whose charter is renewed on or after July
	315	+	1, 2005 shall serve on the governing body of another charter
	316	+	school. No member of a local school board shall be a member of
	317	+	a governing body for a charter school or employed in any
	318	+	capacity by a locally chartered charter school located within
	319	+	the local school board's school district during the term of
	320	+	office for which the member was elected or appointed.
	321	+	[C.] B. A charter school shall be responsible for:
286	322		(1) its own operation, including preparation
287	323		of a budget, subject to audits pursuant to the Audit Act; and
288	324		(2) contracting for services and personnel
289	325		matters.
290		-	C. A charter school may contract with a school
291		-	district, a university or college, the state, another
292		-	political subdivision of the state, the federal government or
293		-	one of its agencies, a tribal government or any other third
294		-	party for the use of a facility, its operation and
295		-	maintenance and the provision of any service or activity that
296		-	the charter school is required to perform in order to carry
297		-	out the educational program described in its charter
298		-	contract. Facilities used by a charter school shall meet the
299		-	standards required pursuant to Section 22-8B-4.2 NMSA 1978.
300		-	D. A conversion school chartered before
301		-	July 1, 2007 may choose to continue using the school district
302		-	facilities and equipment it had been using prior to
303		-	conversion, subject to the provisions of Subsection E of this
304		-	section.
305		-	E. A school district that has available land or
306		-	one or more available facilities not currently used for other SB 163
307		-	Page 7
	326	+	[D.] C. A charter school may contract with a school
	327	+	.229661.1SA
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
308	330		1
309	331		2
310	332		3
311	333		4
312	334		5
313	335		6
314	336		7
315	337		8
316	338		9
317	339		10
318	340		11
319	341		12
320	342		13
321	343		14
322	344		15
323	345		16
324	346		17
325	347		18
326	348		19
327	349		20
328	350		21
329	351		22
330	352		23
331	353		24
332	354		25
333		-	educational purposes shall make facilities and may make land
334		-	available for lease, lease-purchase or purchase to the
335		-	charter schools located in the school district for the
336		-	charter schools' operations and shall notify the charter
337		-	schools of that availability no later than May 1 of each
338		-	year. The public school facilities authority shall annually
339		-	ensure that each school district with available land or one
340		-	or more available facilities has provided that notification.
341		-	A school district may develop a facility prioritization plan
342		-	that identifies which charter schools may lease,
343		-	lease-purchase or purchase available school district
344		-	facilities. School-district-owned land shall not be
345		-	considered available to a charter school if the school
346		-	district has justified future use of that land through its
347		-	five-year facilities master plan. An agreement for the use
348		-	of school district facilities by a charter school may provide
349		-	for reasonable lease payments; provided that the payments do
350		-	not exceed the sum of the lease reimbursement rate provided
351		-	in Paragraph (1) of Subsection I of Section 22-24-4 NMSA 1978
352		-	plus any reimbursement for actual direct costs incurred by
353		-	the school district in providing the facilities; and provided
354		-	further that any lease payments received by a school district
355		-	may be retained by the school district and shall not be
356		-	considered to be cash balances in any calculation pursuant to
357		-	Section 22-8-41 NMSA 1978. The available facilities provided SB 163
358		-	Page 8
	355	+	district, a university or college, the state, another political
	356	+	subdivision of the state, the federal government or one of its
	357	+	agencies, a tribal government or any other third party for the
	358	+	use of a facility, its operation and maintenance and the
	359	+	provision of any service or activity that the charter school is
	360	+	required to perform in order to carry out the educational
	361	+	program described in its charter contract. Facilities used by
	362	+	a charter school shall meet the standards required pursuant to
	363	+	Section 22-8B-4.2 NMSA 1978.
	364	+	[E.] D. A conversion school chartered before July
	365	+	1, 2007 may choose to continue using the school district
	366	+	facilities and equipment it had been using prior to conversion,
	367	+	subject to the provisions of Subsection [F ] E of this section.
	368	+	[F.] E. A school district that has available land
	369	+	or one or more available facilities not currently used for
	370	+	other educational purposes shall make facilities and may make
	371	+	land available for lease, lease-purchase or purchase to the
	372	+	charter schools located in the school district for the charter
	373	+	schools' operations and shall notify the charter schools of
	374	+	that availability no later than May 1 of each year. The public
	375	+	school facilities authority shall annually ensure that each
	376	+	school district with available land or one or more available
	377	+	facilities has provided that notification. A school district
	378	+	may develop a facility prioritization plan that identifies
	379	+	which charter schools may lease, lease-purchase or purchase
	380	+	.229661.1SA
	381	+	- 7 - underscored material = new
	382	+	[bracketed material] = delete
359	383		1
360	384		2
361	385		3
362	386		4
363	387		5
364	388		6
365	389		7
366	390		8
367	391		9
368	392		10
369	393		11
370	394		12
371	395		13
372	396		14
373	397		15
374	398		16
375	399		17
376	400		18
377	401		19
378	402		20
379	403		21
380	404		22
381	405		23
382	406		24
383	407		25
384		-	by a school district to a charter school shall meet all
385		-	occupancy standards as specified by the public school capital
386		-	outlay council. As used in this subsection, "other
387		-	educational purposes" includes health clinics, daycare
	408	+	available school district facilities. School-district-owned
	409	+	land shall not be considered available to a charter school if
	410	+	the school district has justified future use of that land
	411	+	through its five-year facilities master plan. An agreement for
	412	+	the use of school district facilities by a charter school may
	413	+	provide for reasonable lease payments; provided that the
	414	+	payments do not exceed the sum of the lease reimbursement rate
	415	+	provided in Paragraph (1) of Subsection I of Section 22-24-4
	416	+	NMSA 1978 plus any reimbursement for actual direct costs
	417	+	incurred by the school district in providing the facilities;
	418	+	and provided further that any lease payments received by a
	419	+	school district may be retained by the school district and
	420	+	shall not be considered to be cash balances in any calculation
	421	+	pursuant to Section 22-8-41 NMSA 1978. The available
	422	+	facilities provided by a school district to a charter school
	423	+	shall meet all occupancy standards as specified by the public
	424	+	school capital outlay council. As used in this subsection,
	425	+	"other educational purposes" includes health clinics, daycare
388	426		centers, teacher training centers, school district
389	427		administration functions and other ancillary services related
390	428		to a school district's functions and operations.
391		-	F. A locally chartered charter school may pay the
392		-	costs of operation and maintenance of its facilities or may
393		-	contract with the school district to provide facility
394		-	operation and maintenance services.
395		-	G. Locally chartered charter school facilities are
396		-	eligible for state and local capital outlay funds and shall
397		-	be included in the school district's five-year facilities
398		-	plan.
399		-	H. A locally chartered charter school shall
400		-	negotiate with a school district to provide transportation to
401		-	students eligible for transportation under the provisions of
402		-	the Public School Code. The school district, in conjunction
403		-	with the charter school, may establish a limit for student
404		-	transportation to and from the charter school site not to
405		-	extend beyond the school district boundary.
406		-	I. A charter school shall be a nonsectarian,
407		-	nonreligious and non-home-based public school.
408		-	J. Except as otherwise provided in the Public SB 163
409		-	Page 9
	429	+	[G.] F. A locally chartered charter school may pay
	430	+	the costs of operation and maintenance of its facilities or may
	431	+	contract with the school district to provide facility operation
	432	+	and maintenance services.
	433	+	.229661.1SA
	434	+	- 8 - underscored material = new
	435	+	[bracketed material] = delete
410	436		1
411	437		2
412	438		3
413	439		4
414	440		5
415	441		6
416	442		7
417	443		8
418	444		9
419	445		10
420	446		11
421	447		12
422	448		13
423	449		14
424	450		15
425	451		16
426	452		17
427	453		18
428	454		19
429	455		20
430	456		21
431	457		22
432	458		23
433	459		24
434	460		25
435		-	School Code, a charter school shall not charge tuition or
436		-	have admission requirements.
437		-	K. With the approval of the chartering authority,
438		-	a single charter school may maintain separate facilities at
439		-	two or more locations within the same school district; but,
440		-	for purposes of calculating program units pursuant to the
441		-	Public School Finance Act, the separate facilities shall be
442		-	treated together as one school.
443		-	L. A charter school shall be subject to the
	461	+	[H.] G. Locally chartered charter school facilities
	462	+	are eligible for state and local capital outlay funds and shall
	463	+	be included in the school district's five-year facilities plan.
	464	+	[I.] H. A locally chartered charter school shall
	465	+	negotiate with a school district to provide transportation to
	466	+	students eligible for transportation under the provisions of
	467	+	the Public School Code. The school district, in conjunction
	468	+	with the charter school, may establish a limit for student
	469	+	transportation to and from the charter school site not to
	470	+	extend beyond the school district boundary.
	471	+	[J.] I. A charter school shall be a nonsectarian,
	472	+	nonreligious and non-home-based public school.
	473	+	[K.] J. Except as otherwise provided in the Public
	474	+	School Code, a charter school shall not charge tuition or have
	475	+	admission requirements.
	476	+	[L.] K. With the approval of the chartering
	477	+	authority, a single charter school may maintain separate
	478	+	facilities at two or more locations within the same school
	479	+	district; but, for purposes of calculating program units
	480	+	pursuant to the Public School Finance Act, the separate
	481	+	facilities shall be treated together as one school.
	482	+	[M.] L. A charter school shall be subject to the
444	483		provisions of Section 22-2-8 NMSA 1978 and the Assessment and
445	484		Accountability Act.
446		-	M. Within constitutional and statutory limits, a
447		-	charter school may acquire and dispose of property; provided
448		-	that, upon termination of the charter, all assets of the
449		-	locally chartered charter school shall revert to the local
450		-	school board and all assets of the state-chartered charter
451		-	school shall revert to the state, except that, if all or any
452		-	portion of a state-chartered charter school facility is
453		-	financed with the proceeds of general obligation bonds issued
454		-	by a local school board, the facility shall revert to the
455		-	local school board.
456		-	N. The governing body of a charter school may
457		-	accept or reject any charitable gift, grant, devise or
458		-	bequest; provided that no such gift, grant, devise or bequest
459		-	shall be accepted if subject to any condition contrary to law SB 163
460		-	Page 10
	485	+	[N.] M. Within constitutional and statutory limits,
	486	+	.229661.1SA
	487	+	- 9 - underscored material = new
	488	+	[bracketed material] = delete
461	489		1
462	490		2
463	491		3
464	492		4
465	493		5
466	494		6
467	495		7
468	496		8
469	497		9
470	498		10
471	499		11
472	500		12
473	501		13
474	502		14
475	503		15
476	504		16
477	505		17
478	506		18
479	507		19
480	508		20
481	509		21
482	510		22
483	511		23
484	512		24
485	513		25
486		-	or to the terms of the charter. The particular gift, grant,
487		-	devise or bequest shall be considered an asset of the charter
488		-	school to which it is given.
489		-	O. The governing body may contract and sue and be
490		-	sued. A local school board shall not be liable for any acts
	514	+	a charter school may acquire and dispose of property; provided
	515	+	that, upon termination of the charter, all assets of the
	516	+	locally chartered charter school shall revert to the local
	517	+	school board and all assets of the state-chartered charter
	518	+	school shall revert to the state, except that, if all or any
	519	+	portion of a state-chartered charter school facility is
	520	+	financed with the proceeds of general obligation bonds issued
	521	+	by a local school board, the facility shall revert to the local
	522	+	school board.
	523	+	[O.] N. The governing body of a charter school may
	524	+	accept or reject any charitable gift, grant, devise or bequest;
	525	+	provided that no such gift, grant, devise or bequest shall be
	526	+	accepted if subject to any condition contrary to law or to the
	527	+	terms of the charter. The particular gift, grant, devise or
	528	+	bequest shall be considered an asset of the charter school to
	529	+	which it is given.
	530	+	[P.] O. The governing body may contract and sue and
	531	+	be sued. A local school board shall not be liable for any acts
491	532		or omissions of the charter school.
492		-	P. A charter school shall comply with all ~~state~~
493		-	and federal health and safety requirements applicable to
	533	+	[Q.] P. A charter school shall comply with all
	534	+	state and federal health and safety requirements applicable to
494	535		public schools, including those health and safety codes
495	536		relating to educational building occupancy.
496		-	Q. A charter school is a public school that may
497		-	contract with a school district or other party for provision
498		-	of financial management, food services, transportation,
499		-	facilities, education-related services or other services.
500		-	The governing body shall not contract with a for-profit
501		-	entity for the management of the charter school.
502		-	R. To enable state-chartered charter schools to
503		-	submit required data to the department, an accountability
504		-	data system shall be maintained by the department.
505		-	S. A charter school shall comply with all
506		-	applicable state and federal laws and rules related to
507		-	providing special education services. Charter school
508		-	students with disabilities and their parents retain all
509		-	rights under the federal Individuals with Disabilities
510		-	Education Act and its implementing state and federal rules. SB 163
511		-	Page 11
	537	+	[R.] Q. A charter school is a public school that
	538	+	may contract with a school district or other party for
	539	+	.229661.1SA
	540	+	- 10 - underscored material = new
	541	+	[bracketed material] = delete
512	542		1
513	543		2
514	544		3
515	545		4
516	546		5
517	547		6
518	548		7
519	549		8
520	550		9
521	551		10
522	552		11
523	553		12
524	554		13
525	555		14
526	556		15
527	557		16
528	558		17
529	559		18
530	560		19
531	561		20
532	562		21
533	563		22
534	564		23
535	565		24
536	566		25
537		-	Each charter school is responsible for identifying,
538		-	evaluating and offering a free appropriate public education
539		-	to all eligible children who are accepted for enrollment in
540		-	that charter school. The state-chartered charter school, as
541		-	a local educational agency, shall assume responsibility for
542		-	determining students' needs for special education and related
543		-	services. The division may promulgate rules to implement the
544		-	requirements of this subsection."
545		-	SECTION 3. A new section of the Charter Schools Act is
546		-	enacted to read:
547		-	"POLICY OF NON-DISCRIMINATION.--
548		-	A. A charter school shall be subject to all
549		-	federal and state laws and constitutional provisions
550		-	prohibiting discrimination on the basis of disability,
551		-	physical or mental handicap, serious medical condition, race,
552		-	creed, color, sex, gender identity, sexual orientation,
553		-	spousal affiliation, national origin, religion, ancestry or
554		-	need for special education services and shall not allow for
555		-	the imposition of discipline, discrimination or disparate
556		-	treatment against a student based on the student's race,
557		-	religion or culture or because of the student's use of
558		-	protective hairstyles or cultural or religious headdresses.
559		-	B. Governing bodies of charter schools shall not
560		-	prohibit a student who is enrolled, or eligible for
561		-	enrollment, in a federally recognized Indian nation, tribe or SB 163
562		-	Page 12
	567	+	provision of financial management, food services,
	568	+	transportation, facilities, education-related services or other
	569	+	services. The governing body shall not contract with a for-
	570	+	profit entity for the management of the charter school.
	571	+	[S.] R. To enable state-chartered charter schools
	572	+	to submit required data to the department, an accountability
	573	+	data system shall be maintained by the department.
	574	+	[T.] S. A charter school shall comply with all
	575	+	applicable state and federal laws and rules related to
	576	+	providing special education services. Charter school students
	577	+	with disabilities and their parents retain all rights under the
	578	+	federal Individuals with Disabilities Education Act and its
	579	+	implementing state and federal rules. Each charter school is
	580	+	responsible for identifying, evaluating and offering a free
	581	+	appropriate public education to all eligible children who are
	582	+	accepted for enrollment in that charter school. The state-
	583	+	chartered charter school, as a local educational agency, shall
	584	+	assume responsibility for determining students' needs for
	585	+	special education and related services. The division may
	586	+	promulgate rules to implement the requirements of this
	587	+	subsection
	588	+	[U. As used in this section:
	589	+	(1) "cultural or religious headdresses"
	590	+	includes hijabs, head wraps or other headdresses used as part
	591	+	of an individual's personal cultural or religious beliefs;
	592	+	.229661.1SA
	593	+	- 11 - underscored material = new
	594	+	[bracketed material] = delete
563	595		1
564	596		2
565	597		3
566	598		4
567	599		5
568	600		6
569	601		7
570	602		8
571	603		9
572	604		10
573	605		11
574	606		12
575	607		13
576	608		14
577	609		15
578	610		16
579	611		17
580	612		18
581	613		19
582	614		20
583	615		21
584	616		22
585	617		23
586	618		24
587	619		25
588		-	pueblo from wearing tribal regalia or objects of cultural
589		-	significance along with or attached to a cap or gown or
590		-	wearing tribally significant footwear or other items of
591		-	apparel under a gown at graduation ceremonies or public
592		-	school events.
	620	+	(2) "protective hairstyles" includes such
	621	+	hairstyles as braids, locs, twists, tight coils or curls,
	622	+	cornrows, bantu knots, afros, weaves, wigs or head wraps; and
	623	+	(3) "race" includes traits historically
	624	+	associated with race, including hair texture, length of hair,
	625	+	protective hairstyles or cultural or religious headdresses ]."
	626	+	SECTION 3. A new section of the Charter Schools Act is
	627	+	enacted to read:
	628	+	"[NEW MATERIAL] POLICY OF NON-DISCRIMINATION.--
	629	+	A. A charter school shall be subject to all federal
	630	+	and state laws and constitutional provisions prohibiting
	631	+	discrimination on the basis of disability, physical or mental
	632	+	handicap, serious medical condition, race, creed, color, sex,
	633	+	gender identity, sexual orientation, spousal affiliation,
	634	+	national origin, religion, ancestry or need for special
	635	+	education services and shall not allow for the imposition of
	636	+	discipline, discrimination or disparate treatment against a
	637	+	student based on the student's race, religion or culture or
	638	+	because of the student's use of protective hairstyles or
	639	+	cultural or religious headdresses.
	640	+	B. Governing bodies of charter schools shall not
	641	+	prohibit a student who is enrolled, or eligible for enrollment,
	642	+	in a federally recognized Indian nation, tribe or pueblo from
	643	+	wearing tribal regalia or objects of cultural significance
	644	+	along with or attached to a cap or gown or wearing tribally
	645	+	.229661.1SA
	646	+	- 12 - underscored material = new
	647	+	[bracketed material] = delete
	648	+	1
	649	+	2
	650	+	3
	651	+	4
	652	+	5
	653	+	6
	654	+	7
	655	+	8
	656	+	9
	657	+	10
	658	+	11
	659	+	12
	660	+	13
	661	+	14
	662	+	15
	663	+	16
	664	+	17
	665	+	18
	666	+	19
	667	+	20
	668	+	21
	669	+	22
	670	+	23
	671	+	24
	672	+	25
	673	+	significant footwear or other items of apparel under a gown at
	674	+	graduation ceremonies or public school events.
593	675		C. As used in this section:
594	676		(1) "cultural or religious headdresses"
595	677		includes hijabs, head wraps or other headdresses used as part
596	678		of a person's personal cultural or religious beliefs;
597	679		(2) "protective hairstyles" includes such
598	680		hairstyles as braids, locs, twists, tight coils or curls,
599	681		cornrows, bantu knots, afros, weaves, wigs or head wraps; and
600	682		(3) "tribal regalia" means a tribe's
601	683		traditional dress or recognized objects of religious or
602	684		cultural significance, including tribal symbols, jewelry,
603	685		beading and feathers."
604		-	SECTION 4. EMERGENCY.--It is necessary for the public
605		-	peace, health and safety that this act take effect
606		-	immediately.
	686	+	- 13 -
	687	+	.229661.1SA