HOUSE BILL 245

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

James G. Taylor







AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; REQUIRING SCHOOL DISTRICTS TO DEMONSTRATE A FIVE PERCENT SHIFT IN THEIR OPERATIONAL BUDGETS FROM ADMINISTRATION TO DIRECT INSTRUCTION BEFORE FISCAL YEAR 2004 SCHOOL BUDGETS ARE APPROVED BY THE STATE DEPARTMENT OF PUBLIC EDUCATION; DECLARING AN EMERGENCY.



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

Section 1. TEMPORARY PROVISION--FISCAL YEAR 2004 SCHOOL DISTRICT BUDGETS.--

A. The state department of public education shall not approve a school district budget for fiscal year 2004 that does not demonstrate a five percent shift of total budgeted state funds year-over-year from fiscal year 2003 from administration into direct instruction. After the base administration budget for fiscal year 2004 has been derived using the five percent reduction from the fiscal year 2003 budget and the base direct instruction budget for fiscal year 2004 has been derived using the five percent increase from the fiscal year 2003 budget, the percentage relationship between administration and direct instruction of the total budget shall be maintained or increased to the benefit of direct instruction. This section applies to charter schools and charter school districts.

B. For the purposes of this section:

(1) "administration" means instructional support, administration, business and support, operation and maintenance of plant, food services, athletics, noninstructional student support, community services and transportation, designated as the 02 through 10 budget functions on the department's school budget chart of accounts for expenditures;

(2) "direct instruction" means direct instruction, designated as the 01 budget function on the department's school budget chart of accounts for expenditures; and

(3) "total budgeted state funds" includes administration and direct instruction but excludes capital outlay and nonoperating, designated as the 11 and 12 budget functions on the department's school budget chart of accounts for expenditures.

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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