AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING
THE FINE ARTS EDUCATION ACT; PROVIDING POWERS AND DUTIES; PROVIDING FUNDING FOR
FINE ARTS IN PUBLIC SCHOOLS THROUGH THE FUNDING FORMULA; PROVIDING FOR PROGRAM
COST CALCULATIONS.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Code is
enacted to read:
"SHORT TITLE.--Sections 1
through 6 of this act may be cited as the "Fine Arts Education
Act"."
Section 2. A new section of the Public School Code is
enacted to read:
"PURPOSE.--
A. The purpose of the Fine Arts Education Act is
to encourage school districts to offer opportunities for elementary school
students to participate in fine arts activities, including visual arts, music,
theater and dance. B. Participation in fine arts programs
encourages cognitive and affective development by:
(1) focusing on a variety of learning styles and
engaging students who might otherwise fail;
(2) training students in complex thinking and
learning;
(3) helping students to devise creative solutions
for problems;
(4) providing students new challenges; and
(5) teaching students how to work cooperatively
with others and to understand and value diverse cultures."
Section 3. A new section of the Public School Code is
enacted to read:
"DEFINITION.--As used in
the Fine Arts Education Act, "fine arts education programs" includes
programs of education through which students participate in activities related
to visual arts, music, theater and dance."
Section 4. A new section of the Public School Code is
enacted to read:
"STATE BOARD AND
DEPARTMENT OF EDUCATION--POWERS AND DUTIES.--
A. The state board shall issue guidelines for
the development and implementation of fine arts education programs.
B. The department of education shall:
(1) administer and enforce the provisions of the
Fine Arts Education Act; and
(2) assist local school boards in developing and
evaluating programs."
Section 5. A new section of the Public School Code is
enacted to read:
"PROGRAM PLAN AND
EVALUATION.--
A. A local school board may prepare and submit
to the department of education a fine arts education program plan in accordance
with guidelines issued by the state board.
B. At a minimum, the plan shall include the fine
arts education programs being taught, the ways in which the fine arts are being
integrated into the curriculum and an evaluation component.
C. At yearly intervals, the local school board,
the department of education and a parent advisory committee from the school
district shall review the goals and priorities of the plan and make appropriate
recommendations to the state board."
Section 6. A new section of the Public School Code is
enacted to read:
"FINE ARTS EDUCATION
PROGRAMS--ELIGIBILITY FOR STATE FINANCIAL SUPPORT.--
A. To be eligible for state financial support, a
fine arts education program shall:
(1) provide for the educational needs of students
in the areas of visual arts, music, theater or dance;
(2) integrate the fine arts into the curriculum;
(3) use certified school instructors to supervise
those who are teaching the program if those persons do not hold valid teaching
licenses in one or more of the disciplines included in fine arts education; and
(4) require background checks in accordance with
Section 22-10-3.3 NMSA 1978.
B. A fine arts education program shall meet each
requirement of Subsection A of this section and be approved by the department
of education to be eligible for state financial support."
Section 7. 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 (5) in this subsection by the
instructional staff training and experience index and adding the program units
itemized as Paragraphs (6) through (9) in 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, provided that the special
program needs as enumerated in this section are met."
Section 8. 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."
Section 9. 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.”
HB 12
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