AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 PERTAINING TO PROGRAM COST CALCULATIONS.



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

Section 1. Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended) is amended to read:

"22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD RESPONSIBILITY.--

A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) through (4) of this subsection by the instructional staff training and experience index and adding the program units itemized as Paragraphs (5) through (9) of this subsection. The itemized program units are as follows:

(1) early childhood education;

(2) basic education;

(3) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

(4) bilingual multicultural education;

(5) fine arts education;

(6) size adjustment;

(7) at-risk program;

(8) enrollment growth or new district adjustment;

(9) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers; and

(10) national board for professional teaching standards certification.

B. The total program cost calculated as prescribed in Subsection A of this section includes the cost of early childhood, special, bilingual multicultural, fine arts and vocational education and other remedial or enrichment programs. It is the responsibility of the local school board to determine its priorities in terms of the needs of the community served by that board. Funds generated under the Public School Finance Act are discretionary to local school boards if the special program needs as enumerated in this section are met."

Section 2. A new section of the Public School Finance Act, Section 22-8-23.4 NMSA 1978, is enacted to read:

"22-8-23.4. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS--CERTIFIED TEACHERS PROGRAM UNITS.--The number of program units for teachers certified by the national board for professional teaching standards is determined by multiplying by one and one-half the number of teachers certified by the national board for professional teaching standards employed by the school district on or before the fortieth day of the school year and verified by the department. Department approval of these units shall be contingent on verification by the school district that these teachers are receiving a one-time salary differential equal to or greater than the amount generated by the units multiplied by the program unit value during the fiscal year in which the school district will receive these units."

Section 3. A new section of the Public School Finance

Act is enacted to read:

"FINE ARTS EDUCATION PROGRAM UNITS.--The number of fine

arts education program units is determined by multiplying the

full-time-equivalent MEM in programs implemented in

accordance with the provisions of the Fine Arts Education Act

by the cost differential factor of 0.0166 for fiscal year

2004, 0.0332 for fiscal year 2005 and 0.05 for fiscal year

2006 and succeeding fiscal years."