HOUSE BILL 923

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Richard D. Vigil

AN ACT

RELATING TO PUBLIC SCHOOLS; ALLOWING SCHOOL DISTRICTS TO BE ELIGIBLE FOR ADDITIONAL PROGRAM UNITS FOR HOME SCHOOL AND CHARTER SCHOOL STUDENTS PARTICIPATING IN EXTRACURRICULAR ACTIVITIES.

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 by Laws 2003, Chapter 144, Section 1 and by Laws 2003, Chapter 152, Section 7) 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)] (11) 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; and

                (11) home school and charter school activities program units.

          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 2. A new section of the Public School Finance Act is enacted to read:

     "[NEW MATERIAL] HOME SCHOOL AND CHARTER SCHOOL ACTIVITIES PROGRAM UNITS.--A school district is eligible for additional program units for home school and charter school students participating in school district extracurricular activities sanctioned by the New Mexico activities association. The number of home school and charter school activities program units is calculated by multiplying the MEM of home school and charter school students participating in school district extracurricular activities by a factor of .1."

     Section 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] HOME SCHOOL STUDENT PARTICIPATION IN PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES.--

          A. The New Mexico activities association and the local school board in the school district in which a home school is located shall allow home school students in grades seven through twelve to participate in school district extracurricular activities sanctioned by the New Mexico activities association if they meet eligibility requirements other than enrollment in a particular public school.

          B. A home school student otherwise eligible to participate in an extracurricular activity shall participate in the public school in the attendance zone in which the student lives."

     Section 4. A new section of the 1999 Charter Schools Act is enacted to read:

     "[NEW MATERIAL] CHARTER SCHOOL STUDENT PARTICIPATION IN PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES.--

          A. The New Mexico activities association and the local school board in the school district in which a charter school is located shall allow charter school students in grades seven through twelve to participate in school district extracurricular activities sanctioned by the New Mexico activities association if they meet eligibility requirements other than enrollment in a particular public school and if the charter school does not offer such activities sanctioned by the New Mexico activities association or any other association.

          B. A charter school student otherwise eligible to participate in an extracurricular activity shall participate in the public school in the attendance zone in which the student lives or in which the student's charter school is located; provided, however, that the student may choose only one public school in which to participate."

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