44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; AMENDING THE TECHNOLOGY FOR EDUCATION ACT TO ALLOW ACCREDITED PRIVATE SCHOOLS TO RECEIVE A DISTRIBUTION FROM THE EDUCATIONAL TECHNOLOGY FUND; CLARIFYING THE DEFINITION OF EDUCATIONAL TECHNOLOGY.

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

Section 1. Section 22-15A-2 NMSA 1978 (being Laws 1994, Chapter 96, Section 2) is amended to read:

"22-15A-2. DEFINITIONS.--As used in the Technology for Education Act:

A. "bureau" means the education technology bureau in the department of education;

B. "chief" means the chief of the bureau;

C. "council" means the council on technology in education; and

D. "educational technology" means tools that do not purport to teach religious tenets, doctrines or worship used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and CD ROM discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in classrooms and library and media centers."

Section 2. Section 22-15A-4 NMSA 1978 (being Laws 1994, Chapter 96, Section 4) is amended to read:

"22-15A-4. BUREAU DUTIES.--In accordance with the policies and regulations of the state board, the bureau shall:

A. administer the provisions of the Technology for Education Act;

B. develop a statewide plan for the integration of educational technology into the public schools and accredited private schools and coordinate technology-related education activities with other state agencies, the federal government, business consortia and public or private agencies or individuals;

C. assist school districts and accredited private schools to develop and implement a strategic, long-term plan for utilizing educational technology in the school system;

D. upon approval of a school district's or accredited private school's technology plan, make distributions to school districts from the educational technology fund;

E. recommend funding mechanisms that will support the development and maintenance of an effective educational technology infrastructure in the state;

F. promote collaboration among government, business, educational organizations and telecommunications entities to expand and improve the use of technology in education;

G. assess and determine the educational technology needs of school districts and accredited private schools; and

H. provide staff support for and coordinate the activities of the council."

Section 3. Section 22-15A-7 NMSA 1978 (being Laws 1994, Chapter 96, Section 7) is amended to read:

"22-15A-7. COUNCIL DUTIES.--The council shall:

A. advise the bureau on implementation of the provisions of the Technology for Education Act;

B. work with the bureau to conduct periodic assessments of the need for educational technology in the public school system and in accredited private schools and make recommendations to the state board on how to meet those needs;

C. promote the collaborative development and implementation of educational technologies, projects and practices to enhance instruction capabilities in primary and secondary schools;

D. develop and recommend to the state board a statewide plan to infuse educational technology into the public school system and in accredited private schools in support of state and national education goals; and

E. provide assistance to the bureau in review of school district and accredited private school technology plans."

Section 4. Section 22-15A-9 NMSA 1978 (being Laws 1994, Chapter 96, Section 9) is amended to read:

"22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--

A. Upon annual review and approval of a school district's or accredited private school's educational technology plan, the bureau shall determine a separate distribution from the educational technology fund for each school district and accredited private school.

B. On or before July 31 of each year, the bureau shall distribute money in the educational technology fund directly to each school district and accredited private school in an amount equal to ninety percent of the district's or accredited private school's estimated entitlement as determined by the projected membership for the school year. A school district's or accredited private school's entitlement is that portion of the total amount of the annual appropriation that the projected membership bears to the projected membership of the state. Kindergarten membership shall be calculated on a one-half full-time-equivalent basis.

C. On or before January 30 of each year, the bureau shall recompute each entitlement using the final funded membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-projection of membership.

D. Any school district or accredited private school receiving funding pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology.

E. As used in this section, "membership" means the total enrollment of qualified students, as defined in the Public School Finance Act, on the current roll of class or school on a specified day. The current roll is established by the addition of original entries and re-entries minus withdrawals. Withdrawal of students, in addition to students formally withdrawn from the public school, includes students absent from the public school for as many as ten consecutive school days."

Section 5. Section 22-15A-10 NMSA 1978 (being Laws 1994, Chapter 96, Section 10) is amended to read:

"22-15A-10. ANNUAL REPORT.--Annually, at a time specified by the department of education, each local school district or accredited private school receiving distributions from the educational technology fund shall file a report with the department of education regarding distributions received, expenditures made and educational technology obtained by the district or accredited private school and such other related information as may be required by the department of education."