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

RELATING TO PUBLIC SCHOOLS; CREATING FUNDS; CHANGING PURPOSES OF FUNDS; ESTABLISHING A CONSORTIUM; ENACTING THE EDUCATION REFORM APPROPRIATION ACT; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 22-2-6.12 NMSA 1978 (being Laws 2000 (2nd S.S.), Chapter 14, Section 2) is amended to read:

"22-2-6.12. PUBLIC SCHOOL READING PROFICIENCY FUND--CREATED.--

A. The "public school reading proficiency fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants and donations. The fund shall be administered by the [state] department [of public education], and money in the fund is appropriated to the department to distribute awards to [local] public schools that implement innovative, research-based reading programs and to provide staff development programs to train teachers to teach reading. Money from the fund shall not be used by the department or school districts for administration.

B. Prior to the 2001-2002 school year, the [state] department [of public education] shall develop procedures and rules for [the application] applications to and [award of money] expenditures from the public school reading proficiency fund, including criteria upon which to evaluate innovative, research-based reading programs and related staff development programs.

C. The department shall identify appropriate teaching models to train teachers to teach reading and writing, particularly to those students who cannot read at grade level. The models shall have demonstrated success in providing teachers with the knowledge and skills needed to increase student achievement in reading and writing. The department shall provide technical assistance to school districts, including providing trainers to teach the appropriate models.

D. Disbursements of the public school reading proficiency fund shall be made by warrant of the department of finance and administration pursuant to vouchers signed by the state superintendent [of public instruction]. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert to any other fund but shall remain to the credit of the fund."

Section 2. A new section of the Public School Code, Section 22-2C-6 NMSA 1978 is enacted to read:

"22-2C-6. [NEW MATERIAL] ENTERPRISE ACTIVITIES--ACCOUNTS.--

A. A center may develop and offer an enterprise activity to any school district in the state and may charge participating school districts for the activity. A school district is not required to purchase an enterprise activity from any center.

B. A "regional service center enterprise fund" is established in the state treasury for each center. Money received from enterprise activities shall be accounted for separately and shall be deposited in the center's regional service center enterprise fund. The income from investment of the fund shall be credited to the fund, and money in the fund shall not revert to the general fund at the end of any fiscal year. Money in the fund is appropriated to the center and shall be distributed on warrants issued by the department of finance and administration pursuant to vouchers signed by the director or his authorized representative."

Section 3. A new section of the Public School Code, Section 22-13C-5 NMSA 1978, is enacted to read:

"22-13C-5. [NEW MATERIAL] PROBATIONARY SCHOOL INTERVENTION FUND CREATED.--

A. The "probationary school intervention fund" is created in the state treasury. The fund shall consist of money appropriated to the fund, earnings from investment of the fund, federal funds available for the purposes of the fund and other gifts, grants and donations. The money in the fund shall not revert to any other fund at the end of a fiscal year. The department shall administer the fund, and money in the fund is appropriated to the department to carry out the purposes of the Probationary School Intervention Act. No more than three percent of the fund may be used by the department to cover administrative costs. Money in the fund shall be expended upon warrant of the secretary of finance and administration pursuant to vouchers signed by the state superintendent or his authorized representative.

B. The department may provide grants from the fund based on approved applications from probationary schools. Grants shall be provided directly to the probationary school, and the money shall be used solely for expenditures approved in the application."

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

"[NEW MATERIAL] HIGH SCHOOL CORE CURRICULA TESTS--DEVELOPMENT.--

A. The colleges of education at New Mexico's universities shall form a consortium to develop criterion-referenced end-of-course tests for a designated core of high school subject areas that are required for graduation, including algebra 1, geometry, English 10, United States history and biology. The tests shall be completed and ready to administer before the end of the 2002-2003 school year.

B. The consortium shall work closely with:

(1) the department to determine the subject areas to be tested and the order of tests to be developed; and

(2) the department, public school personnel and other interested persons in the development of the criterion-referenced tests.

C. The consortium may charge a reasonable fee to administer and score the tests. Money collected from the fee may be used by the consortium to continue to improve and update the tests."

Section 5. SHORT TITLE.--Sections 5 through 11 of this act may be cited as the "Education Reform Appropriation Act".

Section 6. TEACHER IMPROVEMENT APPROPRIATIONS.--

A. One hundred twenty thousand dollars ($120,000) is appropriated from the general fund to the legislative education study committee for expenditure in fiscal years 2001 and 2002 to work in collaboration with the state department of public education to contract for an independent study of the impact on the instructional staff training and experience index on the new professional educator licensing and salary system and the state equalization guarantee distribution. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

B. The following amounts are appropriated from the general fund to the state department of public education for expenditure in fiscal year 2002 unless otherwise specified for the purposes stated, and any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund:

(1) three million six hundred thousand dollars ($3,600,000) for the statewide teacher mentorship program for beginning teachers. The department shall distribute funds to local school districts based on the number of first-, second- and third-year participants in the teacher mentorship program in each school district;

(2) thirty-five million eight hundred twenty-five thousand seven hundred dollars ($35,825,700) to provide an equivalent of eight additional days for professional development for teachers;

(3) fifty-seven million five hundred seventy thousand four hundred dollars ($57,570,400) to extend the contract day by one-half hour to be used by teachers for student curriculum and instructional preparation time; and

(4) five hundred thousand dollars ($500,000) for expenditure in fiscal years 2001 and 2002 to conduct a public information campaign on the value of teaching.

C. The following amounts are appropriated from the general fund to the commission on higher education for expenditure in fiscal year 2002 for the following purposes, and any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund: (1) seven hundred sixty-seven thousand five hundred dollars ($767,500) for public post-secondary educational institutions to provide distance education courses in reading instruction to certified school personnel of kindergarten through third grade, including faculty expenses and the acquiring of course supplies and computer equipment; and

(2) one million eight hundred fifty-three thousand dollars ($1,853,000) for public post-secondary educational institutions to provide distance education courses in multilingual instruction to elementary and secondary certified school personnel, including faculty expenses and the acquiring of course supplies and computer equipment.

Section 7. STUDENT IMPROVEMENT APPROPRIATIONS.--The following amounts are appropriated from the general fund to the state department of public education for expenditure in fiscal year 2002 unless otherwise specified for the purposes stated, and any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund:

A. four million sixty-three thousand three hundred dollars ($4,063,300) to pay teachers to teach intensive summer education programs for students in need of assistance;

B. seven million four hundred four thousand eight hundred dollars ($7,404,800) for school districts to provide instruction in languages other than English at elementary and middle school grade levels;

C. five million three hundred forty-eight thousand dollars ($5,348,000) for school districts to provide art and music programs at elementary and middle school grade levels;

D. seventeen million five hundred thousand dollars ($17,500,000) to implement full instructional days in sixty percent of kindergarten classes;

E. twenty thousand dollars ($20,000) for expenditure in fiscal years 2001 and 2002 to conduct a public information campaign on the value of multilingualism; and

F. twenty thousand dollars ($20,000) for expenditure in fiscal years 2001 and 2002 to conduct a public information campaign to promote literacy.

Section 8. ACCOUNTABILITY APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the state department of public education for expenditure in fiscal year 2002 unless otherwise specified for the purposes stated, and any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund unless otherwise specified:

(1) thirty thousand dollars ($30,000) to align curricula and teaching and student assessment instruments to state content standards, benchmarks and performance indicators;

(2) eight million dollars ($8,000,000) for expenditure in fiscal years 2001 through 2003 to develop criterion-referenced testing in four content areas, and any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund;

(3) four hundred thousand dollars ($400,000) to conduct special education assessments;

(4) one million dollars ($1,000,000) to purchase commercially available criterion-referenced end-of-course tests for designated core high school courses required for graduation;

(5) two hundred twenty thousand dollars ($220,000) to expand the writing assessment program by two grades and to score writing portfolios in accordance with the language arts performance standard rubric or the New Mexico writing portfolio rubric;

(6) one hundred thousand dollars ($100,000) to train teachers to score writing portfolios;

(7) seven hundred fifty thousand dollars ($750,000) for expenditure in fiscal years 2001 through 2003 to contract with a consortium of colleges of education to develop high school criterion-referenced end-of-course tests, and any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund;

(8) sixty thousand dollars ($60,000) for expenditure in fiscal years 2001 and 2002 to create, with parent and student involvement, parent and student charters enumerating parental and student responsibilities for student achievement;

(9) thirty thousand dollars ($30,000) to develop a process whereby parents, businesses and community members regularly review standards and assessment systems for relevance and objectivity; and

(10) one hundred thousand dollars ($100,000) for expenditure in fiscal years 2001 and 2002 to conduct a public information campaign promoting the importance of parental involvement and school attendance.

B. Three million dollars ($3,000,000) is appropriated from the general fund to the probationary school intervention fund for expenditure in fiscal year 2002 and subsequent fiscal years to carry out the purposes of the Probationary School Intervention Act. Any balance remaining at the end of a fiscal year shall not revert to the general fund.

Section 9. EARLY INTERVENTION APPROPRIATIONS.--The following amounts are appropriated from the general fund to the department of health for expenditure in fiscal year 2002 for the following purposes, and any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund:

A. eight thousand one hundred dollars ($8,100) to provide informational handouts that explain the important role of literacy and a literacy-rich environment in childhood development and academic success to parents at hospitals, clinics and doctors' offices;

B. five hundred thousand dollars ($500,000) for grants to local school districts currently working with their local department of health offices to provide voluntary home visiting programs; and

C. eighty thousand dollars ($80,000) to develop and provide for four training programs for best practice in family development home visiting services in locations accessible to providers statewide in conjunction with the state department of public education, the children, youth and families department and the human services department.

Section 10. DEPARTMENT APPROPRIATIONS.--The following amounts are appropriated from the general fund to the state department of public education for expenditure in fiscal year 2002 unless otherwise specified for the purposes stated, and any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund:

A. four hundred seventy-five thousand dollars ($475,000) to align salaries of licensed school employees in the department to those in the professional educator licensing and salary system; and

B. one million two hundred thousand dollars ($1,200,000) to fund the creation of regional service centers pursuant to the Regional Service Center Act.

Section 11. PERMANENT FUND ECONOMIC STUDY APPROPRIATION.--

A. One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2002 for an economic and fiscal impact study of the state's permanent funds. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

B. The legislative council service shall coordinate the study with the state investment council and the state department of public education to conduct a broad-based economic and fiscal impact study of the current state policies underlying the accumulation of public funds into permanent funds and the distribution of amounts from the funds based on a policy of ensuring the long-term real value of the distributions from the funds in relation to the state's operating budget. The study shall:

(1) include an economic and fiscal analysis of the costs and benefits to the state of increasing the distributions from the state's permanent funds and investing that money in programs that will improve the quality of education in New Mexico;

(2) quantify the potential economic gains of investing in human resources of the state through improved education compared to investing the money in financial assets with immediate financial returns to the state; and

(3) measure the direct and indirect effect of such investment on the state's revenue base and its expenditure needs.

Section 12. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.