44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO EDUCATION; PROVIDING FOR OPTIONAL FULL-DAY KINDERGARTEN PROGRAMS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended) is amended to read:

"22-2-8.1. LENGTH OF SCHOOL DAY--MINIMUM.--

A. Regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:

(1) kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs, five and one-half hours per day or nine hundred ninety hours per year;

(2) grades one through six, five and one-half hours per day or nine hundred ninety hours per year; and

(3) grades seven through twelve, six hours per day or one thousand eighty hours per year.

B. Nothing in this section precludes a local school board from setting length of school days in excess of the minimum requirements established by Subsection A of this section.

C. The state superintendent may waive the minimum length of school days in those districts where such minimums would create undue hardships as defined by the state board."

Section 2. Section 22-8-19 NMSA 1978 (being Laws 1974, Chapter 8, Section 9, as amended) is amended to read:

"22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.--

A. The number of early childhood education program units is determined by multiplying the early childhood education MEM by the cost differential factor 1.44. [No early childhood education student shall be counted for more than 0.5 early childhood education MEM.] Early childhood education students enrolled in half-day kindergarten programs shall be counted for 0.5 early childhood MEM. Early childhood education students enrolled in full-day kindergarten programs that are approved by the department shall be counted for 1.0 early childhood education MEM.

B. For the purpose of calculating early childhood education program units, developmentally disabled three- and four-year-old students shall be counted in early childhood education membership. No developmentally disabled three- or four-year-old student shall be counted for more than 0.5 early childhood education MEM."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] FULL-DAY KINDERGARTEN PROGRAMS.--

A. The state board shall adopt rules for the development and implementation of full-day kindergarten programs. Establishment of full-day kindergarten programs shall be voluntary on the part of school districts and student participation shall be voluntary on the part of parents.

B. Full-day kindergarten programs shall be phased in over a two-year period as follows:

(1) effective with the 2000-2001 school year, one-half of New Mexico's kindergarten classes may be full day; and

(2) effective with the 2001-2002 school year, all of New Mexico's kindergarten classes may be full day.

C. School districts shall apply to the department of education to receive funding for full-day kindergarten programs. Only school districts operating full-day kindergarten programs approved by the department of education shall receive funding for full-day programs pursuant to Section 22-8-19 NMSA 1978. In granting approval for funding of full-day kindergarten programs, the department of education shall give preference to school districts with schools that have the highest proportion of students most in need based upon the at-risk index and to school districts with available classroom space."

Section 4. APPROPRIATIONS.--

A. One hundred thousand dollars ($100,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2000 for the purpose of conducting a professional, independent assessment of the number of classrooms that will be needed to fully implement full-day kindergarten. This assessment shall take into account projected student enrollment with consideration to school districts with declining student enrollment patterns. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.

B. Thirteen million six hundred seventy-five thousand dollars ($13,675,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2001 for the purpose of funding additional program units in early childhood education at the program unit value established by the superintendent of public instruction. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.

Section 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.