45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO PUBLIC SCHOOLS; ENACTING THE MIDDLE SCHOOL INITIATIVE ACT; PRESCRIBING DUTIES; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Middle School Initiative Act"."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PURPOSE.--The purpose of the Middle School Initiative Act is to provide statewide before- and after-school programs that include extracurricular activities for students in grades six through nine to teach and develop physical fitness, school pride and a sense of community."

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

"[NEW MATERIAL] DEFINITIONS.--As used in the Middle School Initiative Act:

A. "eligible school" means a public middle school or junior high school, a public elementary school that enrolls students in grade six or a public high school that enrolls students in grade nine; and

B. "extracurricular activity" means a competitive sport or other activity that supports academic, social, leadership or other skills and that provides opportunities for youth, including academic decathlon, cheerleading, drill team, chess, journalism, mock trial, music, art, drama, science fair, speech, student council, homework club or other activity approved by the department of education."

Section 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] EXTRACURRICULAR ACTIVITIES--REQUIREMENTS--DISTRIBUTION.--

A. Students at each eligible school shall be offered up to three extracurricular activities, including one sport and two other activities, during the school year. Students enrolled in grade six of an elementary school shall be offered at least two extracurricular activities, including one sport, during the school year. Students enrolled in grade nine of a high school shall be offered at least three extracurricular activities, including one sport, during the school year.

B. Extracurricular activities shall be conducted before or after regular school hours.

C. A school district may employ teachers or other persons to teach and supervise extracurricular activities; provided that persons employed to teach sports shall be qualified as provided by rules of the department of education.

D. The department of education shall distribute money to local school districts on an equal basis for each middle school and junior high school. Elementary schools with grade six and high schools with grade nine shall receive one-half of the amount distributed to middle schools and junior high schools.

E. Money distributed for extracurricular activities may be expended for materials and other costs associated with an activity; provided, however, that no more than the maximum rate set by the local school board per activity per semester may be used to employ teachers and other supervisory personnel.

F. The department of education shall monitor extracurricular activity programs and verify through the budget and program review process that each eligible school is complying with the provisions of the Middle School Initiative Act and rules adopted pursuant to that act. If an eligible school is not in compliance with the provisions of that act or rules adopted pursuant to that act, the school shall not be eligible for money for the following semester.

G. The department of education shall adopt and promulgate rules to carry out the provisions of the Middle School Initiative Act."

Section 5. APPROPRIATION.--Three million dollars ($3,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2002 to carry out the purposes of the Middle School Initiative Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.