HOUSE BILL 3

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".

     Section 2. DEFINITIONS.--As used in the Education Appropriation Act:

          A. "federal funds" means any payments by the United States government to state government or state agencies for specific purposes or in lieu of taxes, including grants, reimbursements and payments made in accordance with contracts or cooperative agreements, and shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 USCA 1221-1264), as amended;

          B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts; and

          C. "other state funds" means:

                (1) unencumbered nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act;

                (2) all revenue available to state agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

                (3) all revenue, the use of which is restricted by statute or agreement.

     Section 3. FORMAT.--The general format of the appropriations set forth in the Education Appropriation Act with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 2007.

     Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 2008 shall be:

PUBLIC SCHOOL SUPPORT:

(1) State equalization guarantee: 2,271,092.9    750.0                           2,271,842.9

     The purpose of public school support is to carry out the mandate to establish and maintain a uniform system of free public schools sufficient for the education of, and open to, all of the children of school age in the state.

     Performance measures:

     (a) Outcome:    Percent of students in full-day kindergarten meeting benchmark for nonsense words                                                      60%

     (b) Outcome:     Annual percent of stakeholders positively rating their involvement with public elementary, middle and high schools                           80%

     (c) Outcome:     Annual percent of core academic subjects taught by highly qualified teachers in pre-kindergarten through twelfth grade                   95%

     (d) Outcome:     Percent of school districts and charter schools participating in the national center for education statistics chart of accounts           100%

     (e) Outcome:     Percent of recent New Mexico high school graduates who take remedial courses in higher education at two-year and four-year schools         55%

     (f) Outcome:     Percent of elementary school students who achieve the school year 2006-2007 No Child Left Behind Act of 2001 annual measurable objective for proficiency or above on standards-based assessments in reading and language arts                                                       49%

     (g) Outcome:     Percent of middle school students who achieve the school year 2006-2007 No Child Left Behind Act of 2001 annual measurable objective for proficiency or above on standards-based assessments in reading and language arts                                                       42%

     (h) Outcome:     Percent of elementary school students who achieve the school year 2006-2007 No Child Left Behind Act of 2001 annual measurable objective for proficiency or above on standards-based assessments in mathematics    33%

     (i) Outcome:     Percent of middle school students who achieve the school year 2006-2007 No Child Left Behind Act of 2001 annual measurable objective for proficiency or above on standards-based assessments in mathematics    20%

     (j) Outcome:     Percent of American Indian language classes being taught in public schools that serve American Indian students                         100%

     (k) Explanatory: Number of school breakfasts served                                  89,873

     (l) Explanatory: Number of schools making significant academic gains                   35

     (m) Explanatory: Annual cohort graduation rate for school year 2004-2005 ninth

                       graders                                                               90%

     The rate of distribution of the state equalization guarantee distribution shall be based on a program unit value determined by the secretary of public education. The secretary shall establish a preliminary unit value to establish budgets for the 2007-2008 school year; and then upon verification of the number of units statewide for fiscal year 2008 but no later than January 31, 2008, the secretary of public education may adjust the program unit value.

     The general fund appropriation to the state equalization guarantee distribution contains sufficient funds to provide an average four and one-quarter percent salary increase for all teachers, other instructional staff and other licensed and unlicensed staff, effective the first pay period after July 1, 2007. Prior to the approval of a school district's or charter school's budget, the secretary of public education shall verify that each school district or charter school is providing an average four and one-quarter percent salary increase for all teachers and other licensed school employees and an average four and one-quarter percent salary increase for nonlicensed school employees.

     The general fund appropriation to the state equalization guarantee distribution contains sufficient funds to implement the fifty-thousand-dollar ($50,000) minimum salary for level three-A teachers. The secretary of public education shall verify that school districts and charter schools have implemented the salary increases for teachers prior to implementing the minimum salaries for level three-A teachers.

     The secretary of public education, in collaboration with the office of educational accountability, shall ensure all level three-A teachers receiving salary increases under the three-tiered minimum salary have been evaluated under the tiered licensure evaluation system and have the professional competencies of level three-A teachers. The secretary of public education shall withhold from public school district distribution funding for minimum salaries for any teacher that has not been evaluated.

     The general fund appropriation to the state equalization guarantee distribution contains six million five hundred sixty-two thousand dollars ($6,562,000) for elementary physical education contingent on the enactment of enabling legislation of the first session of the forty-eighth legislature.

     The general fund appropriation to the state equalization guarantee distribution contains sixteen million five hundred eighteen thousand one hundred dollars ($16,518,100) for expanding kindergarten plus to all title 1 schools in school improvement or restructuring and to expand the program into the first grade for the same schools, contingent on the enactment of legislation of the first session of the forty-eighth legislature.

     The general fund appropriation for the state equalization guarantee distribution contains sufficient funding to provide a three-fourths percent increase in the employer contribution to the educational retirement fund.

     For the 2007-2008 school year, the state equalization guarantee distribution contains sufficient funding for school districts implementing a formula-based program for the first time. Those districts shall use current year membership in the calculation of program units for the new formula-based program.

     The general fund appropriation in the state equalization guarantee distribution reflects the deduction of federal revenues pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known as "P.L. 874 funds".

     The general fund appropriation to the public school fund shall be reduced by the amounts transferred to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts otherwise unappropriated.

 (2) Transportation distributions:

     Appropriations:                107,953.0                                      107,953.0

     The general fund appropriation to the transportation distribution includes sufficient funds for an average four and one-quarter percent salary increase for transportation employees, effective July 1, 2007.

     The general fund appropriation for the transportation distribution includes sufficient funding to provide a three-quarter percent increase in the employer contribution to the educational retirement fund.

 (3) Supplemental distributions:

     (a) Out-of-state tuition          370.0                                          370.0

     (b) Emergency supplemental      7,000.0                                        7,000.0

Subtotal                               7,370.0                                        7,370.0

     Any unexpended or unencumbered balance in the supplemental distributions to the public education department remaining at the end of fiscal year 2008 from appropriations made from the general fund shall revert to the general fund.

INSTRUCTIONAL MATERIAL FUND:          37,224.9                                       37,224.9

     The appropriation to the instructional material fund is made from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

EDUCATIONAL TECHNOLOGY FUND:           6,000.0                                        6,000.0

SCHOOLS IN NEED OF IMPROVEMENT FUND:   4,000.0                                        4,000.0

FEDERAL FLOW THROUGH:                                                   484,319.1   484,319.1

TOTAL PUBLIC SCHOOL SUPPORT:       2,433,640.8    750.0                 484,319.1 2,918,709.9

PUBLIC EDUCATION DEPARTMENT:                                      

(1) Administration:

     (a) Personal services                                                    

           and employee benefits      12,274.0    605.2                   6,960.8    19,840.0

     (b) Contractual services          305.0    110.0                  10,487.8    10,902.8

     (c) Other                       1,186.7   368.2                   2,681.5     4,236.4

Subtotal                              13,765.7  1,083.4                  20,130.1    34,979.2

     Authorized FTE: 311.8. Permanent 205.2; Term 102.2; Temporary 4.6

(2) Apprenticeship assistance:          650.0                                          650.0

PUBLIC EDUCATION DEPARTMENT SPECIAL APPROPRIATIONS:                             

     (a)  Accelerated educational

           retirement board

           contribution               14,506.8                                       14,506.8

     (b)  Beginning teacher

           mentorship                  2,000.0                                        2,000.0

     (c)  Indian Education Act        2,500.0                                        2,500.0

     (d)  Family and Youth Resource

           Act                         1,500.0                                        1,500.0

     (e)  Pre-kindergarten program    6,000.0                                        6,000.0

     (f)  Graduation reality and

           dual-role skills program    1,000.0                                        1,000.0

     (g)  Advanced placement          2,000.0                                        2,000.0

     (h)  New Mexico teacher

           performance incentive

           program                     5,000.0                                        5,000.0

     (i)  Summer reading, math and

           science institutes          3,000.0                                        3,000.0

     (j)  School improvement          3,000.0                                        3,000.0

           framework

Subtotal                              40,506.8                                       40,506.8

     The general fund appropriation to the public education department includes fourteen million five hundred six thousand eight hundred dollars ($14,506,800) to provide a three-quarter percent increase in the employer contribution to the educational retirement fund to be transferred in fiscal year 2008 to the educational retirement board to provide in advance for the fiscal year 2009 cost of the employer share of contribution increases for public education employees.

     The general fund appropriation to the public education department for the Family and Youth Resource Act shall fund family and youth services pursuant to the Family and Youth Resource Act.

     The general fund appropriation to the public education department for the Indian Education Act includes one million dollars ($1,000,000) to provide a rural literacy initiative to support new after-school and summer literacy block programs for students in kindergarten through eighth grade in schools with a high proportion of Native American students, contingent on receipt of five hundred thousand dollars ($500,000) in matching funds from sources other than the state.

     The general fund appropriation to the public education department for pre-kindergarten includes one million dollars ($1,000,000) for transfer to the children, youth and families department for the same purpose. The public education department and the children, youth and families department shall report jointly and quarterly to the legislative education study committee and the legislative finance committee regarding implementation of the pre-kindergarten program. The four quarterly reports will address student progress by department, infrastructure expenditures, teacher and provider qualifications and adequacy of instructional materials.

     Any unexpended or unencumbered balance in the authorized distributions remaining at the end of fiscal year 2008 from appropriations made from the general fund shall revert to the general fund.

REGIONAL EDUCATION COOPERATIVES:

(1)  Northwest 2 (Gallina)                                               1,593.0     1,593.0

(2)  Northeast 4 (Las Vegas)                                             2,415.4     2,415.4

(3)  Lea county 7 (Hobbs)                                                3,900.0     3,900.0

(4)  Pecos valley 8 (Artesia)                  1,321.5                   1,371.8     2,693.3

(5)  Southwest 10 (Truth or

      Consequences)                               300.0                   4,500.0     4,800.0

(6)  Central 5 (Albuquerque)                   2,000.0                   2,000.0     4,000.0

(7)  High plains 3 (Raton)                     3,357.5                   2,854.8     6,212.3

(8)  Clovis 6 (Clovis)                           335.7                   1,700.0     2,035.7

(9)  Ruidoso 9 (Ruidoso)                       4,000.0                   4,800.0     8,800.0

Subtotal                                       11,314.7                  25,135.0    36,449.7

     Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

     Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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