HOUSE BILL 228

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Raymundo Lara

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; PROVIDING FOR SCHOOL-BASED INSTRUCTIONAL PROGRAMS FOR STUDENTS WHO ARE DEAF OR HARD-OF-HEARING OR REQUIRE THE USE OF AMERICAN SIGN LANGUAGE AS THEIR RECEPTIVE OR EXPRESSIVE FORM OF COMMUNICATION; CREATING THE DISABILITY LANGUAGE PROGRAM UNIT; ALLOWING SCHOOL DISTRICTS AND CHARTER SCHOOLS THAT DEVELOP AND IMPLEMENT SCHOOL-BASED DISABILITY LANGUAGE INSTRUCTIONAL PROGRAMS TO RECEIVE DISTRIBUTIONS GENERATED BY THE DISABILITY LANGUAGE PROGRAM UNIT; INSTRUCTING THE PUBLIC EDUCATION DEPARTMENT TO REVIEW AND EVALUATE SCHOOL-BASED DISABILITY LANGUAGE INSTRUCTIONAL PROGRAMS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Finance Act is enacted to read:

     "[NEW MATERIAL] DISABILITY LANGUAGE PROGRAM UNITS--ELIGIBILITY.--

          A. School districts and charter schools that develop and implement school-based disability language instructional programs that meet the needs of students who are deaf or hard-of-hearing or require the use of American sign language as their primary receptive or expressive form of communication are eligible for disability language program units.

          B. To be eligible for the funding generated by the disability language program unit, a school district or charter school must develop and implement a school-based disability language instructional program to meet the needs of students who are deaf or hard-of-hearing or require the use of American sign language as their primary receptive or expressive form of communication.

          C. To be eligible for the disability language program units, a student must participate in a school-based disability language instructional program and the student's individualized educational program as provided for in Section 22-13-8 NMSA 1978 must indicate that the student is deaf or hard-of-hearing or requires the use of American sign language as the student's primary receptive or expressive form of communication.

          D. The department shall review and evaluate any school-based disability language instructional program developed and implemented by a school district or charter school."

     SECTION 2. Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended) is amended to read:

     "22-8-18. PROGRAM COST CALCULATION--LOCAL RESPONSIBILITY.--

          A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through [(15)] (16) in this subsection. The itemized program units are as follows:

                (1) early childhood education;

                (2) basic education;

                (3) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

                (4) disability language; 

                [(4)] (5) bilingual multicultural education;

                [(5)] (6) fine arts education;

                [(6)] (7) elementary physical education;

                [(7)] (8) size adjustment;

                [(8)] (9) at-risk;

                [(9)] (10) enrollment growth or new district adjustment;

                [(10)] (11) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

                [(11)] (12) national board for professional teaching standards certification;

                [(12)] (13) home school student;

                [(13)] (14) home school student activities;

                [(14)] (15) charter school student activities; and

                [(15)] (16) K-12 plus.

          B. The total program cost calculated as prescribed in Subsection A of this section includes the cost of early childhood, special, bilingual multicultural, fine arts and vocational education and other remedial or enrichment programs. It is the responsibility of the local school board or governing body of a charter school to determine its priorities in terms of the needs of the community served by that board. Except as otherwise provided in this section, funds generated under the Public School Finance Act are discretionary to local school boards and governing bodies of charter schools; provided that the special program needs as enumerated in this section are met; and provided further that the department shall ensure that the local school board or governing body of a charter school is prioritizing resources for the public school toward proven programs and methods linked to improved student achievement."

     SECTION 3. A new Section 22-8-21.1 NMSA 1978 is enacted to read:

     "22-8-21.1. [NEW MATERIAL] DISABILITY LANGUAGE PROGRAM UNIT.--The number of disability language program units is determined by multiplying the full-time equivalent MEM in special education applicable to students who participate in a school-based disability language instructional program and who are deaf or hard-of-hearing or require the use of American sign language as their primary receptive or expressive form of communication by the cost differential factor 2.0."

     SECTION 4. APPLICABILITY.--The provisions of this act are applicable to the 2024-2025 school year and subsequent school years.

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