Summary:

 House Bill 365 (HB 365), relating to Public Schools, provides staff to the Public Education Commission.  HB 365 transfers the charter schools division from the Public Education Department to the commission. 

Legislation Overview:

 House Bill 365 provides staff to the Public Education Commission and transfers the charter schools division to the commission.
SECTION 1 amends the Executive Department in Subsection A, which creates the Public Education Department and specifies the divisions. Subsection A(3) “the charter schools division” is deleted.
SECTION 2 amends the Executive Department in the Public Education Commission to revise Subsection A, which creates the public education commission to delete the direction that the commission shall be administratively attached to the department with administrative staff provided by the department.
Subsection F is inserted as follows:
F. The "state charter schools office" is created to staff the commission in carrying out its statutory duties as the state chartering authority. The commission shall appoint a director of the office, and the director shall recommend to the commission the employment of such technical and other staff as necessary to carry out the duties of the office. The director is exempt and technical and clerical staff are classified as provided in the Personnel Act. The commission and office shall be provided with adequate quarters by the department. The office shall provide objective, nonpartisan advice to the commission regarding state chartering of public schools, monitor state-chartered charter schools for compliance with the Public School Code and the charter schools' charter contract, make periodic reports to the commission on the activities of the office and perform such other duties as required by the commission. 
SECTION 3 amends Public School code Commission Duties to insert Subsection A and reletter the section, as follows:.
A. The commission shall oversee and direct the activities of the state charter schools office and shall: 
be the chartering authority for state-chartered charter schools;  
(1) cooperate with the department and enter into data-sharing agreements to provide administration and oversight of public (2) schools and give the office access to relevant data and reports of the department; and 
(3) make recommendations to the department.
SECTION 4 amends Public Schools code in Definitions as used in the Charter Schools Act to delete Subsection E, which provides the definition of “division.”. Subsection K is inserted:
K. "office" or "division" means the state charter schools office;
SECTION 5 amends Public School code in Charter School Financing to revise Subsection A to delete reference to “division” and insert “office”. 
SECTION 6 amends Public School code to change the title to State charter Schools Office. “Division” is deleted from the title and delete references to division and substitute office throughout. Subsection A and Subsection B are amended as follows:
A. provide staff support to the commission for state chartering of charter schools; 
B. provide technical support to state-chartered charter schools;
SECTION 7 is amended in Public School code to change the title to require the Office to provide an annual report. “Division” is deleted from the title. This section specifies that the office, under the direction of the commission, shall issue a report on the state’s charter schools  to the governor, legislative finance committee, the legislative education study committee and the legislative library.
SECTION 8 makes a temporary provision that directs that on the effective date of this act:
A. all personnel, appropriations, money, records, equipment, furniture, supplies and other property of the charter schools division of the Public Education Department shall be transferred to the state charter schools office of the Public Education Commission; 
B. contractual obligations of the charter schools division shall be obligations of the state charter schools office; and 
C. statutory references to the charter schools division of the Public Education Department shall be deemed to be references to the state charter schools office of the Public Education Commission. 
SECTION 9 makes the effective date July 1, 2026. 

Current Law:

 House Bill 365 would remove “division” and insert “office” in these Executive Department codes:
Section 9-24-4 NMSA 1978 (being Laws 2004, Chapter 27, Section 4, as amended)
Section 9-24-9 NMSA 1978 (being Laws 2004, Chapter 27, Section 9) 
House Bill 365 would take out “division” and insert “office” in each of these Public School codes:
Section 22-2-2.2 NMSA 1978 (being Laws 2004, Chapter 27, Section 17)
Section 22-8B-2 NMSA 1978 (being Laws 1999, Chapter 281, Section 2, as amended)
Section 22-8B-13 NMSA 1978 (being Laws 1999, Chapter 281, Section 13, as amended)
Section 22-8B-17 NMSA 1978 (being Laws 2006, Chapter 94, Section 30)
Section 22-8B-17.1 NMSA 1978 (being Laws 2011, Chapter 14, Section 9) 

Amendments:

 House Bill 365 is amended on the house floor as follows: 
In SECTION 2 of PUBLIC EDUCATION COMMISSION Subsection F is amended to delete: “The commission and office shall be provided with adequate quarters by the department.”.
In SECTION 6 of STATE CHARTER SCHOOLS OFFICE-- DUTIES, Subsection B is amended to provide technical support to all charter schools.