0001|                            HOUSE BILL 193
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          PATSY G. TRUJILLO
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0005|     
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0006|                                   
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0007|     
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0008|            FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO EDUCATION; AMENDING SECTION 22-15-9 NMSA 1978
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0012|     (BEING LAWS 1967, CHAPTER 16, SECTION 213, AS AMENDED) TO
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0013|     INCREASE THE DISTRIBUTION TO SCHOOL DISTRICTS FROM THE
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0014|     INSTRUCTIONAL MATERIAL ACCOUNTS. 
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 22-15-9 NMSA 1978 (being Laws 1967,
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0018|     Chapter 16, Section 213, as amended) is amended to read:
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0019|          "22-15-9.  INSTRUCTIONAL MATERIAL ACCOUNTS--CREDIT
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0020|     ALLOCATIONS.--
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0021|               A.  The department of education shall establish a
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0022|     separate instructional material account for each school
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0023|     district, state institution, private school or adult basic
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0024|     education center in the state having students in attendance
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0025|     entitled to the free use of instructional material pursuant to
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0001|     the Instructional Material Law.
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0002|               B.  On or before July 1 of each year, the department
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0003|     of education shall allocate credit to the instructional
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0004|     material account of each school district, state institution or
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0005|     private school not less than ninety percent of its estimated
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0006|     entitlement as determined from the estimated forty-day
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0007|     membership for the next school year.  A school district's,
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0008|     state institution's or private school's entitlement is that
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0009|     portion of the total amount of the annual appropriation less a
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0010|     deduction for a reasonable reserve for transportation charges
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0011|     and emergency expenses that its forty-day membership bears to
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0012|     the forty-day membership of the entire state.  The allocation
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0013|     for adult basic education shall be based on a
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0014|     full-time-equivalency obtained by multiplying the total
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0015|     previous year's enrollment by .25.  For the purpose of this
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0016|     allocation, additional pupils shall be counted as four pupils.
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0017|          On or before January 15 of each year, the department of
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0018|     education shall recompute each entitlement using the forty-day
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0019|     membership for that year, except for adult basic education, and
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0020|     shall allocate the balance of the annual appropriation
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0021|     compensating for any over- or under-estimation of credit made
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0022|     in the first allocation.  In the event the funds remaining for
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0023|     this allocation are insufficient to compensate for an over- or
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0024|     under-estimation of credit made in the first allocation, the
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0025|     final recomputed over- or under-allocation of credit shall be
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0001|     carried forward by the department of education to be credited
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0002|     or debited to the allocation for the ensuing school year.
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0003|               C.  An amount not to exceed <s>[thirty]</s> <u>fifty</u>
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0004|     percent of total credit allocations attributed to each
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0005|     individual instructional material account <s>[shall]</s>, at the
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0006|     request of the local school district or the appropriate
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0007|     governing body and institution, shall be distributed directly
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0008|     to each public school district, state institution or adult
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0009|     basic education center for instructional materials not included
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0010|     on the multiple list provided for in Section 22-15-8 NMSA 1978.
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0011|               D.  Any balance remaining in an instructional
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0012|     material account of a school district, state institution,
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0013|     private school or adult basic education center at the end of
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0014|     the fiscal year shall remain available for expenditure in
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0015|     subsequent years."
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0016|                              
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