RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act of 2003".
Section 2. DEFINITIONS.--As used in the Education Appropriation Act of 2003:
A. "efficiency" means the measure of the degree to which services are efficient and productive and is often expressed in terms of dollars or time per unit of output;
B. "expenditures" means costs, expenses, encumbrances and other financing uses, other than refunds authorized by law, recognized in accordance with generally accepted accounting principles for the legally authorized budget amounts and budget period;
C. "explanatory" means information that can help users to understand reported performance measures and to evaluate the significance of underlying factors that may have affected the reported information;
D. "federal funds" means any payments by the United States government to state government or agencies except those payments made in accordance with the federal Mineral Lands Leasing Act;
E. "full-time equivalent" or "FTE" means one or more authorized positions that alone or together receives or receive compensation for not more than two thousand ninety-six hours worked in fiscal year 2004. The calculation of hours worked includes compensated absences but does not include overtime, compensatory time or sick leave paid pursuant to Section 10-7-10 NMSA 1978;
F. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts and those payments made in accordance with federal block grants and the federal Workforce Investment Act, but excludes the general fund operating reserve and the appropriation contingency fund;
G. "interagency transfers" means revenue, other than internal service funds, legally transferred from one agency to another;
H. "internal service funds" means:
(1) revenue transferred to an agency for the financing of goods or services to another agency on a cost-reimbursement basis; and
(2) unencumbered balances in agency internal service fund accounts appropriated by the General Appropriation Act of 2003;
I. "other state funds" means:
(1) unencumbered, nonreverting balances in agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act of 2003;
(2) all revenue available to agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and
(3) all revenue, the use of which is restricted by statute or agreement;
J. "outcome" means the measure of the actual impact or public benefit of a program;
K. "output" means the measure of the volume of work completed, or the level of actual services or products delivered by a program;
L. "performance measure" means a quantitative or qualitative indicator used to assess a program;
M. "program" means a set of activities undertaken in accordance with a plan of action organized to realize identifiable goals and objectives based on legislative authorization;
N. "quality" means the measure of the quality of a good or service produced and is often an indicator of the timeliness, reliability or safety of services or products produced by a program;
O. "revenue" means all money received by an agency from sources external to that agency, net of refunds and other correcting transactions, other than from issue of debt, liquidation of investments or as agent or trustee for other governmental entities or private persons;
P. "target" means the expected level of performance of a program's performance measures; and
Section 3. GENERAL PROVISIONS.--
A. Amounts set out under column headings are expressed in thousands of dollars.
B. Amounts set out under column headings are appropriated from the source indicated by the column heading. All amounts set out under the column heading "Internal Service Funds/Interagency Transfers" are intergovernmental transfers and do not represent a portion of total state government appropriations. All information designated as "Total" or "Subtotal" is provided for information and amounts are not appropriations.
C. Amounts set out in Section 4 of the Education Appropriation Act of 2003, or so much as may be necessary, are appropriated from the indicated source for expenditure in fiscal year 2004 for the objects expressed.
Section 4. FISCAL YEAR 2004 APPROPRIATIONS.-The appropriation for public school support in fiscal year 2004 shall be:
Except as otherwise provided, balances of appropriations made in this subsection shall not revert at the end of fiscal year 2004.
PUBLIC SCHOOL SUPPORT:
(1) State equalization guarantee distribution:
Appropriations: 1,719,936.2 2,000.0 1,721,936.2
Prior to the approval of school district and charter school budgets for fiscal year 2004, the state superintendent shall verify that each local school board is providing a six percent salary increase for teachers and instructional support providers, except educational assistants, no later than the last pay period of December, 2003 and a three percent salary increase for all other certified and noncertified school employees, effective July 1, 2003, and a minimum salary of thirty thousand dollars ($30,000) for teachers, effective July 1, 2003.
Prior to the approval of a school district or charter school's budget for fiscal year 2004, the state superintendent shall verify that an amount equal to or more than one percent of a school district's or charter school's approved fiscal year 2003 operating budget has been reallocated to direct instruction for expenditure in fiscal year 2004.
Prior to the approval of a school district and charter school budget for fiscal year 2004, the state superintendent must certify to the secretary of finance and administration and the legislative finance committee that the general fund appropriation in the state equalization guarantee distribution reflects the deduction of sixteen million four hundred thousand dollars ($16,400,000) in school districts' and charter schools' unrestricted and unreserved cash balances.
In developing fiscal year 2004 operating budgets, school districts and charter schools shall not budget June 30, 2003 cash balances without the approval of both the superintendent of public instruction and the secretary of finance and administration.
Six million dollars ($6,000,000) is appropriated from the general fund to the state department of public education for distribution through the state equalization guarantee in fiscal year 2004 to fund the first year implementation of the three-tier licensure structure for teachers and to bring all teachers to a minimum salary of thirty thousand dollars ($30,000). Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.
Thirty-seven million nine hundred seventy seven thousand three hundred dollars ($37,977,300) is appropriated from the general fund to the state department of public education for distribution through the state equalization guarantee in fiscal year 2004 for a six percent salary increase for teachers and instructional support providers except educational assistants. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.
Eleven million five hundred three thousand one hundred dollars ($11,503,100) is appropriated from the general fund to the state department of public education for distribution through the state equalization guarantee in fiscal year 2004 for a three percent salary increase for all other certified and noncertified employees. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.
Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the state department of public education for distribution through the state equalization guarantee to school districts in fiscal year 2004 for the employers' portion of the increase in insurance costs. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.
Performance measures for academic achievement:
(a) Outcome: Percent of students whose national percentile rank for
norm-referenced tests is at or above the fortieth
percentile in reading
(b) Outcome: Percent of schools where the national percentile score for
norm-referenced tests is at or above the fortieth
percentile in reading
(c) Outcome: Percent of students whose national percentile rank for
norm-referenced tests is at or above the fortieth
percentile in language arts
(d) Outcome: Percent of schools where the national percentile score for
norm-referenced tests is at or above the fortieth
percentile in language arts
(e) Outcome: Percent of students whose national percentile rank for
norm-referenced tests is at or above the fortieth
percentile in mathematics
(f) Outcome: Percent of schools where the national percentile score for
norm-referenced tests is at or above the fortieth
percentile in mathematics
(g) Outcome: Percent of students in the third grade who read at grade
level
(h) Outcome: Percent of schools where eighty percent or more of students
in the third grade read at grade level
(i) Outcome: Percent of schools with grades seven through eight that
have a dropout rate of two percent or less
(j) Outcome: Percent of schools with grades nine through twelve that
have a dropout rate of three percent or less
(k) Outcome: Percent of kindergarten students meeting language arts
performance standards for reading readiness
(l) Outcome: Percent of schools where ninety percent of kindergarten
students meet language arts performance standards for
reading readiness
Performance measures for quality teachers, principals, administrators and educational support personnel:
(a) Quality: Percent of teachers licensed or endorsed in the subject
they teach
(b) Quality: Percent of schools where ninety-five percent of the
teachers are licensed or endorsed by the subject they teach
Performance measures for accountability, choice and technology: earning public trust:
(a) Quality: Percent of schools where eighty percent of their teachers
express confidence in the use of new classroom technologies
Performance measures for safe schools and respectful learning environment:
(a) Explanatory: Number of incidents of violence, weapon violations and
harassment on the bus, on campus and at school-sponsored
events
Performance measures for equitable access and opportunity:
(a) Outcome: Percent of school facilities that attain a
facility-condition index equal to or greater than the
public school capital outlay council established level
Performance measures for return of financial investment:
(a) Explanatory: Percent of operating general fund resources spent on
instruction
Performance measures for constructive engagement with our partners:
(a) Quality: Percent of stakeholders and partners who rate their
involvement with public schools as positive
(2) Transportation distribution:
Appropriations: 95,314.8 95,314.8
(3) Supplemental distribution:
Appropriations:
(a) Out-of-state tuition 495.0 495.0
(b) Emergency supplemental 2,600.0 2,600.0
The rate of distribution of the state equalization guarantee distribution shall be based on a program unit value determined by the superintendent of public instruction. The superintendent of public instruction shall establish a preliminary unit value to establish budgets for the 2003-2004 school year and then upon verification of the number of units statewide for fiscal year 2004 but no later than January 31, the superintendent of public instruction may adjust the program unit value.
The general fund appropriation in the state equalization guarantee distribution reflects the deduction of federal revenues pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known as "PL874 funds".
The general fund appropriation to the public school fund shall be reduced by the amounts transferred to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act receipts otherwise unappropriated.
Any unexpended or unencumbered balance in the distributions authorized remaining at the end of fiscal year 2004 from appropriations made from the general fund shall revert to the general fund.
Subtotal [1,818,346.0] [2,000.0] 1,820,346.0
FEDERAL FLOW THROUGH:
Appropriations: 300,000.0 300,000.0
Subtotal [300,000.0] 300,000.0
INSTRUCTIONAL MATERIAL FUND:
Appropriations: 32,700.0 32,700.0
The appropriation to the instructional material fund is made from the federal Minerals Lands Leasing Act receipts.
Subtotal [32,700.0] 32,700.0
EDUCATIONAL TECHNOLOGY FUND:
Appropriations: 5,000.0 5,000.0
Subtotal [5,000.0] 5,000.0
INCENTIVES FOR SCHOOL IMPROVEMENT FUND:
Appropriations: 1,900.0 1,900.0
Subtotal [1,900.0] 1,900.0
THREE TIERED SYSTEM IMPLEMENTATION:
Appropriations: 1,000.0 1,000.0
Subtotal [1,000.0] 1,000.0
TOTAL PUBLIC SCHOOL SUPPORT 1,858,946.0 2,000.0 300,000.0 2,160,946.0
STATE DEPARTMENT OF PUBLIC EDUCATION:
Appropriations:
(a) Personal services and
employee benefits 8,735.9 193.4 104.9 4,355.6 13,389.8
(b) Contractual services 308.0 55.0 200.0 6,347.8 6,910.8
(c) Other 419.3 348.2 91.6 1,456.5 2,315.6
(d) Other financing uses 84.0 2,111.0 176.2 2,371.2
Authorized FTE: 177.20 Permanent; 80.00 Term
Performance measures for academic achievement:
(a) Explanatory: Number of state assessments aligned with standards
(b) Quality: Percent of districts "satisfied" with state department of
public education technical assistance services for improved
student achievement
(c) Outcome: Percent of students, parents, educators and community
members who understand the alignment of student
expectations, teaching and assessment
(d) Quality: Percent of stakeholders who perceive the accountability
system as credible and fair
(e) Outcome: Percent of public school performance measures met
Performance measures for quality teachers, principals, administrators and educational support personnel:
(a) Outcome: Percent of districts and schools implementing professional
development activities that align with their locally
developed educational plan for student success
(b) Outcome: Percent of districts that implement state board of
education policies and competencies for the education
profession
(c) Quality: Percent of districts rating New Mexico's system of educator
development as "excellent"
Subtotal [9,547.2] [596.6] [2,507.5] [12,336.1] 24,987.4
Unexpended or unencumbered balances in the state department of public education remaining at the end of fiscal year 2004 from appropriations made from the general fund shall revert.
APPRENTICESHIP ASSISTANCE: 650.0 650.0
Subtotal [650.0] 650.0
REGIONAL EDUCATION COOPERATIVES:
Appropriations:
(b) Northeast: 2,098.0 2,098.0
(c) Lea county: 87.0 2,197.7 2,284.7
(d) Pecos valley: 1,550.7 1,476.8 3,027.5
(e) Southwest: 245.0 2,740.2 2,985.2
(f) Central: 1,703.0 2,006.0 3,709.0
(g) High plains: 1,465.2 1,767.7 3,232.9
(h) Clovis: 25.8 1,298.7 1,324.5
(i) Ruidoso: 3,850.0 1,750.0 5,600.0
Subtotal [9,011.7] [16,582.9] 25,594.6
STATE DEPARTMENT OF PUBLIC EDUCATION SPECIAL
APPROPRIATIONS:
Appropriations:
(c) Re: Learning 1,300.0 1,300.0
(d) Performance-based budgeting
--support for districts 1,000.0 1,000.0
accountability 500.0 500.0
assistance 550.0 550.0
schools 1,300.0 1,300.0
Subtotal [15,450.0] 15,450.0
ADULT BASIC EDUCATION: 5,000.0 5,000.0
Subtotal [5,000.0] 5,000.0
DEFICIENCIES CORRECTION UNIT:
Appropriations:
(a) Personal services and
employee benefits 1,746.5 1,746.5
(b) Contractual services 255.0 255.0
(c) Other 547.8 547.8
Authorized FTE: 26.00 Permanent
Subtotal [2,549.3] 2,549.3
TOTAL OTHER EDUCATION 30,647.2 12,157.6 2,507.5 28,919.0 74,231.3
GRAND TOTAL FISCAL YEAR 2004
APPROPRIATIONS 1,889,593.2 14,157.6 2,507.5 328,919.0 2,235,177.3
Section 5. SPECIAL APPROPRIATIONS.--The following amounts are appropriated from the general fund or other funds as indicated for the purposes specified. Unless otherwise indicated, the appropriations may be expended in fiscal years 2003 and 2004. Unless otherwise indicated, any unexpended or unencumbered balance of the appropriations remaining at the end of fiscal year 2004 shall revert to the general fund.
to offset 1% reallocation of
program cost 250.0 250.0
number 300.0 300.0
TOTAL SPECIAL APPROPRIATIONS 850.0 850.0
Section 6. SUPPLEMENTAL APPROPRIATION.--The following amount is appropriated from the general fund for the purpose specified. Disbursement of this amount shall be subject to certification by the agency to the department of finance and administration and the legislative finance committee that no other funds are available in fiscal year 2003 for the purpose specified and approval by the department of finance and administration. Any unexpended or unencumbered balances remaining at the end of fiscal year 2003 shall revert to the appropriate fund.
TOTAL SUPPLEMENTAL APPROPRIATION 3,600.0 3,600.0
Section 7. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.