SENATE BILL 169

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

INTRODUCED BY

Sue Wilson Beffort

AN ACT

RELATING TO PUBLIC SCHOOLS; INSTITUTING A MORATORIUM ON PUBLIC SCHOOL CLOSURES UNTIL AFTER THE PUBLIC SCHOOL FUNDING FORMULA STUDY HAS BEEN COMPLETED AND REPORTED TO THE FORTY-EIGHTH LEGISLATURE, SECOND SESSION IN 2008; REQUIRING RECONSIDERATION OF CONTEMPLATED CLOSURE DECISIONS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. TEMPORARY PROVISION--PUBLIC SCHOOL CLOSURES--MORATORIUM--LIMITATION--APPLICATION FOR FUNDING FROM THE PUBLIC EDUCATION DEPARTMENT.--

          A. A moratorium on closing public schools is in effect between the effective date of this act and July 1, 2008. During the moratorium, a local school board shall not approve the closure of a public school. After the moratorium is lifted, any public school closures that were contemplated or pending prior to the effective date of this act shall be reconsidered in light of actions taken by the forty-eighth legislature, second session, pursuant to findings and recommendations in the completed independent comprehensive public school funding formula study being conducted under contract with the legislative council service.

          B. A school district that had contemplated or begun the process of closing a public school prior to the effective date of this act may apply to the public education department for funding to continue to operate the public school. The application shall include proof that the school district or local school board had contemplated or was in the process of closing one or more public schools. The department shall determine the amount of funding to be awarded to the school district based on the budget of the school district and the cost of operating the public school. Money from the department to a school district to carry out the purposes of this section is in addition to the district's state equalization guarantee distribution, emergency supplemental distribution or other distributions or funding.

     Section 2. APPROPRIATION.--Five million five hundred thousand dollars ($5,500,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2007 and 2008 to provide funding for school districts to which the closure moratorium provided for in Section 1 of this act applies. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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