45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO EDUCATION FUNDING; REDUCING AMOUNTS CONSIDERED TO BE FEDERAL REVENUE FOR PURPOSES OF THE STATE EQUALIZATION GUARANTEE DISTRIBUTION; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 22-8-25 NMSA 1978 (being Laws 1981, Chapter 176, Section 5, as amended) is amended to read:

"22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION--

DEFINITIONS--DETERMINATION OF AMOUNT.--

A. The state equalization guarantee distribution is that amount of money distributed to each school district to ensure that the school district's operating revenue, including its local and federal revenues as defined in this section, is at least equal to the school district's program cost.

B. "Local revenue", as used in this section, means seventy-five percent of receipts to the school district derived from that amount produced by a school district property tax applied at the rate of fifty cents ($.50) to each one thousand dollars ($1,000) of net taxable value of property allocated to the school district and to the assessed value of products severed and sold in the school district as determined under the Oil and Gas Ad Valorem Production Tax Act and upon the assessed value of equipment in the school district as determined under the Oil and Gas Production Equipment Ad Valorem Tax Act. The school district shall budget and expend twenty percent of the total revenue receipts for capital outlay [as defined in the manual of accounting and budgeting provided in Section 22-8-5 NMSA 1978].

C. "Federal revenue", as used in this section, means receipts to the school district, excluding amounts [which] that, if taken into account in the computation of the state equalization guarantee distribution, result, under federal law or regulations, in a reduction in or elimination of federal school funding otherwise receivable by the school district, derived from the following:

(1) seventy-five percent of the school district's share of forest reserve funds distributed in accordance with Section 22-8-33 NMSA 1978. The school district shall budget and expend twenty percent of the total forest reserve receipts for capital outlay [as defined in the manual of accounting and budgeting provided in Section 22-8-5 NMSA 1978]; and

(2) [seventy-five percent] of grants from the federal government as assistance to those areas affected by federal activity authorized in accordance with Title 20 of the United States Code, commonly known as ["PL 874 funds" or] "impact aid", seventy-five percent through June 30, 2002; sixty-four percent from July 1, 2002 through June 30, 2003; fifty-three percent from July 1, 2003 through June 30, 2004; forty-two percent from July 1, 2004 through June 30, 2005; thirty-one percent from July 1, 2005 through June 30, 2006; twenty percent from July 1, 2006 and in subsequent years; provided, however, that the amount of impact aid considered in any year prior to July 1, 2007 to be federal revenue from a school district for purposes of the state equalization guarantee distribution shall not exceed the amount considered to be federal revenue from that school district in fiscal year 2003; and provided further that the amount of impact aid considered in any year after July 1, 2007 to be federal revenue from a school district for purposes of the state equalization guarantee distribution shall not exceed the amount considered to be federal revenue from that school district in fiscal year 2007. Increases in impact aid above the amount considered to be federal revenue in any year shall be retained by the school district. The school district shall budget and expend twenty percent of the grant receipts for capital outlay [as defined in the manual of accounting and budgeting provided in Section 22-8-5 NMSA 1978].

D. To determine the amount of the state equalization guarantee distribution, the state superintendent shall:

(1) effective July 1, 1999, calculate the number of program units to which each school district is entitled using the basic program membership of the fortieth day of the prior year for all programs; provided that special education program units shall be calculated using the membership in special education programs on December 1 of the prior year; effective July 1, 2000, calculate the number of program units to which each school district is entitled using an average of the membership on the fortieth, eightieth and one hundred twentieth days of the prior year; or

(2) calculate the number of program units to which a school district operating under an approved year-round school calendar is entitled using the basic program membership on an appropriate date established by the state board; or

(3) calculate the number of program units to which a school district with a basic program MEM of two hundred or less is entitled by using the basic program membership on the fortieth day of either the prior or the current year, whichever is greater; provided that special education program units shall be calculated using the membership in special education programs on December 1 of either the prior or the current year; and

(4) using the results of the calculations in Paragraph (1), (2) or (3) of this subsection and the instructional staff training and experience index from the October report of the prior school year, establish a total program cost of the school district;

(5) calculate the local and federal revenues as defined in this section;

(6) deduct the sum of the calculations made in Paragraph (5) of this subsection from the program cost established in Paragraph (4) of this subsection; and

(7) deduct the total amount of guaranteed energy savings contract payments that the state superintendent determines will be made to the school district from the public school utility conservation fund during the fiscal year for which the state equalization guarantee distribution is being computed.

E. The amount of the state equalization guarantee distribution to which a school district is entitled is the balance remaining after the deductions made in Paragraphs (6) and (7) of Subsection D of this section.

F. The state equalization guarantee distribution shall be distributed prior to June 30 of each fiscal year. The calculation shall be based on the local and federal revenues specified in this section received from June 1 of the previous fiscal year through May 31 of the fiscal year for which the state equalization guarantee distribution is being computed. In the event that a district has received more state equalization guarantee funds than its entitlement, a refund shall be made by the district to the state general fund."