SENATE BILL 547
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO EDUCATION; ALLOWING ACCREDITED PRIVATE SCHOOLS TO RECEIVE DISTRIBUTIONS FROM THE EDUCATIONAL TECHNOLOGY FUND; AMENDING AND ENACTING SECTIONS OF THE TECHNOLOGY FOR EDUCATION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-15A-1 NMSA 1978 (being Laws 1994, Chapter 96, Section 1) is amended to read:
"22-15A-1. SHORT TITLE.--[This act] Chapter 22, Article 15A NMSA 1978 may be cited as the "Technology for Education Act"."
Section 2. A new section of the Technology for Education Act is enacted to read:
"[NEW MATERIAL] PRIVATE SCHOOLS--ELIGIBILITY.--
A. A qualified student, as defined in the Public School Finance Act, or person eligible to become a qualified student attending an accredited private school in kindergarten through twelfth grade is entitled to the free use of software technology.
B. Software technology shall be distributed to accredited private schools as agents for the benefit of students entitled to the free use of the software technology.
C. An accredited private school that receives software technology is responsible for distribution of the software technology for use by eligible students and for the safekeeping of the software technology."
Section 3. A new section of the Technology for Education Act is enacted to read:
"[NEW MATERIAL] ACCREDITED PRIVATE SCHOOLS--DUTIES.--In order to foster a cooperative working relationship with the department and the bureau, accredited private schools shall:
A. establish and implement an effective review and monitoring process by their own staff members and experts in the field of educational technology;
B. develop comprehensive educational technology plans in accordance with bureau rules;
C. conduct regular self-assessments of their particular educational technology plans to ensure that the burdens on the bureau are minimized in its administration of the provisions of the Technology for Education Act;
D. cooperate with the activities and requirements of the bureau and the council;
E. promote collaboration among the accredited private school community and governments, business organizations, educational organizations and telecommunications entities to improve and expand the use of technology in education; and
F. participate in a periodic review of the working relationship between the department, the bureau and the accredited private school community to ensure that the provisions of the Technology for Education Act are being met."
Section 4. Section 22-15A-2 NMSA 1978 (being Laws 1994, Chapter 96, Section 2) is amended to read:
"22-15A-2. DEFINITIONS.--As used in the Technology for Education Act:
A. "accredited private school" means a school that has been accredited in compliance with a department-approved process and accrediting agency;
[A.] B. "bureau" means the education technology bureau in the department [of education];
[B.] C. "chief" means the chief of the bureau;
[C.] D. "council" means the council on technology in education; [and
D.] E. "educational technology" means tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and CD ROM discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in classrooms and library and media centers; and
F. "software technology" means computer software, video and audio laser and CD ROM discs or video and audio tapes used to enhance learning by students and that do not purport to teach religious tenets, doctrines or worship."
Section 5. Section 22-15A-4 NMSA 1978 (being Laws 1994, Chapter 96, Section 4) is amended to read:
"22-15A-4. BUREAU DUTIES.--In accordance with the policies and [regulations] rules of the [state board] department, the bureau shall:
A. administer the provisions of the Technology for Education Act;
B. develop a statewide plan for the integration of educational technology into the public schools and accredited private schools and coordinate technology-related education activities with other state agencies, the federal government, business consortia and public or private agencies or individuals;
C. assist school districts and accredited private schools to develop and implement a strategic, long-term plan for [utilizing] using educational technology [in the school system];
D. upon approval of a school district's or accredited private school's technology plan, make distributions to [school districts] them from the educational technology fund;
E. recommend funding mechanisms that will support the development and maintenance of an effective educational technology infrastructure in the state;
F. promote collaboration among government, business, educational organizations and telecommunications entities to [expand and] improve and expand the use of technology in education;
G. assess and determine the educational technology needs of school districts and accredited private schools; and
H. provide staff support for and coordinate the activities of the council."
Section 6. Section 22-15A-6 NMSA 1978 (being Laws 1994, Chapter 96, Section 6) is amended to read:
"22-15A-6. COUNCIL MEMBERSHIP.--
A. The council shall be composed of seventeen members. Members shall be appointed by the [state board] secretary of public education for terms of four years. As designated by the [state board] department at the time of initial appointment, the terms of five members shall expire at the end of two years, the terms of five members shall expire at the end of three years and the terms of seven members shall expire at the end of four years.
B. When appointing members, the [state board] secretary shall appoint:
(1) one member who shall have expertise in state government;
(2) three members who shall have expertise in school district administration;
(3) two members who shall have expertise in providing instructional services in post-secondary, technical-vocational or adult education;
(4) three members who shall have expertise in providing instructional services in elementary or secondary schools;
(5) two members who shall be parents of school-age children;
(6) one member who shall be a [public school] secondary student in a public or accredited private school;
(7) three members who shall have expertise in educational technology; [and]
(8) [two members] one member at large; and
(9) one member who has expertise in accredited private schooling.
C. In making appointments to the council, the [state board] secretary shall give due consideration to geographic location, gender and ethnicity of members to achieve a membership representative of the [geographic and cultural] diversity of New Mexico.
D. Members of the council shall elect a chairman from among the membership. The council shall meet at the call of the chairman not less than quarterly.
E. Members of the council shall receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance."
Section 7. Section 22-15A-7 NMSA 1978 (being Laws 1994, Chapter 96, Section 7) is amended to read:
"22-15A-7. COUNCIL DUTIES.--The council shall:
A. advise the bureau on implementation of the provisions of the Technology for Education Act;
B. work with the bureau to conduct periodic assessments of the need for educational technology in the public school system and in accredited private schools and make recommendations to the [state board] department on how to meet those needs;
C. promote the collaborative development and implementation of educational technologies, projects and practices to enhance instruction capabilities;
D. develop and recommend to the [state board] department a statewide plan to infuse educational technology into the public school system and accredited private schools in support of state and national education goals; and
E. provide assistance to the bureau in review of school district and accredited private school technology plans."
Section 8. Section 22-15A-9 NMSA 1978 (being Laws 1994, Chapter 96, Section 9, as amended) is amended to read:
"22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--
A. Upon annual review and approval of a school district's or accredited private school's educational technology plan, the bureau shall determine a separate distribution from the educational technology fund for each approved school district and accredited private school.
B. On or before July 31 of each year, the bureau shall distribute money in the educational technology fund directly to each approved school district and accredited private school in an amount equal to ninety percent of the school district's or accredited private school's estimated adjusted entitlement calculated pursuant to Subsection C of this section. A school district's or accredited private school's unadjusted entitlement is that portion of the total amount of the annual appropriation that the projected membership bears to the projected membership of the state. Public kindergarten or accredited private school membership shall be calculated on a one-half full-time equivalent basis.
C. A school district's or accredited private school's estimated adjusted entitlement shall be calculated by the bureau using the following procedure:
(1) a base allocation is calculated by multiplying the total annual appropriation by seventy-five thousandths [of one] percent;
(2) the estimated adjusted entitlement amount for a school district or accredited private school whose unadjusted entitlement is at or below the base allocation shall be equal to the base allocation. For a school district or accredited private school whose unadjusted entitlement is higher than the base allocation, the estimated adjusted entitlement shall be calculated pursuant to Paragraphs (3) through (13) of this subsection;
(3) the total projected membership in those school districts or accredited private schools that will receive the base allocation pursuant to Paragraph (2) of this subsection is subtracted from the total projected state membership;
(4) the total of the estimated adjusted entitlement amounts that will be distributed to those school districts or accredited private schools receiving the base allocation pursuant to Paragraph (2) of this subsection is subtracted from the total appropriation;
(5) the projected membership for the school district or accredited private school is divided by the result calculated pursuant to Paragraph (3) of this subsection;
(6) the number calculated pursuant to Paragraph (5) of this subsection is multiplied by the value calculated pursuant to Paragraph (4) of this subsection;
(7) the total of all legislative appropriations, excluding reauthorizations of education technology appropriations made to the subject school district or accredited private school, made after January 1, 2003 for educational technology directly to, and not rejected by, the school district or accredited private school is calculated. No later than June 30 of each year, the legislative council service shall certify to the bureau the amount of direct appropriations made to each school district or accredited private school during the preceding twelve months;
(8) the applicable amount for the school district or accredited private school calculated from Subparagraph (k), (m), (n) or (o) of Paragraph (5) of Subsection C of Section 22-24-5 NMSA 1978 is subtracted from one;
(9) the value calculated pursuant to Paragraph (7) of this subsection for the school district or accredited private school is multiplied by the amount calculated pursuant to Paragraph (8) of this subsection for that school district or accredited private school;
(10) the total amount of reductions for the school district or accredited private school made in prior fiscal years pursuant to Paragraph (11) of this subsection is subtracted from the amount calculated pursuant to Paragraph (9) of this subsection for that school district or accredited private school;
(11) the amount calculated for the school district or accredited private school pursuant to Paragraph (10) of this subsection is subtracted from the amount calculated pursuant to Paragraph (6) of this subsection for that school district or accredited private school;
(12) if the amount calculated for the school district or accredited private school pursuant to Paragraph (11) of this subsection is equal to or less than the base allocation amount, the estimated adjusted entitlement amount for that school district or accredited private school is equal to the base allocation amount; and
(13) if the amount calculated for the school district or accredited private school pursuant to Paragraph (11) of this subsection is more than the base allocation amount, the estimated adjusted entitlement amount for that school district or accredited private school is equal to the amount calculated pursuant to that paragraph.
D. On or before January 30 of each year, the bureau shall recompute each adjusted entitlement using the final funded membership for that year and, without making any additional reductions, shall allocate the balance of the annual appropriation adjusting for any over- or under-projection of membership.
E. [Any] A school district or accredited private school receiving funding pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology.
F. As used in this section, "membership" means the total enrollment of qualified students, as defined in the Public School Finance Act, or the total enrollment of accredited private school students on the current roll of class or school on a specified day. The current roll is established by the addition of original entries and re-entries minus withdrawals. Withdrawal of students, in addition to students formally withdrawn from the public school or accredited private school, includes students absent from the public school or accredited private school for as many as ten consecutive school days."
Section 9. Section 22-15A-10 NMSA 1978 (being Laws 1994, Chapter 96, Section 10, as amended) is amended to read:
"22-15A-10. ANNUAL REPORT.--Annually, at a time specified by the department [of education], each school district and accredited private school receiving distributions from the educational technology fund shall file a report with the department [of education] regarding distributions received, direct legislative appropriations for educational technology made and not rejected, expenditures made and educational technology obtained by the school district or accredited private school and such other related information as may be required by the department [of education]."
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