Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports
if they are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).
Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and
attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.
F I S C A L I M P A C T R E P O R T
SPONSOR Foley
DATE TYPED 03/05/05 HB 540/a HEC
SHORT TITLE Educational Programs
SB
ANALYST Chabot
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
$9,000.0
Recurring General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to SB 4
Relates to Appropriation in the General Appropriation Act
REVENUE
Estimated Revenue
Subsequent
Years Impact
Recurring
or Non-Rec
Fund
Affected
FY05
FY06
$5,000.0
Recurring Schools in Need of
Improvement
(Parenthesis ( ) Indicate Revenue Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Education Department (PED)
SUMMARY
Synopsis of HEC amendment
The House Education Committee amendment to House Bill 540 adds the requirement for PED to
collaborate with fine arts educators for materials and equipment.
pg_0002
House Bill 540/aHEC -- Page 2
Synopsis of Original Bill
House Bill 540 appropriates $9 million from the general fund: $5 million is to the Schools In
Need of Improvement Fund for after-school programs, including tutoring students having Eng-
lish as a second language and those in schools ranked as needing improvement; and $4 million to
PED for music education programs.
Significant Issues
PED reports there are 132 schools designated as schools in need of improvement under No Child
Left Behind Act of 2001 criteria. Each of these is required to implement additional requirements
such as supplemental services such as after-school programs and tutorial services. Federal funds
are available for Title 1 designated schools; however, state funds must be used for other schools.
NCLB gives arts equal recognition with mathematics, science, languages, civics, government,
economics, history and geography. PED assess this bill supports systemic education reform by
strengthening arts education as an integral part of curriculum. Research supports overall student
improvement when arts education in dance, music, visual arts and multi-arts. One study called
Creating Original Opera for elementary students documented improved performance by as a re-
sult of collaborative learning. By working together, students were engaged in open-ended prob-
lem solving and oral presentation activities.
PERFORMANCE IMPLICATIONS
After school programs and English classes may lead to improved student outcomes and allow
more schools to meet adequate yearly progress under the federal No Child Left Behind act.
FISCAL IMPLICATIONS
The appropriation of $5 million contained in this bill is a non-recurring expense to the general
fund and any unexpended or unencumbered balance remaining at the end of any fiscal year shall
not revert. The appropriation of $4 million is a recurring expense to the general fund and any
unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the
general fund.
The LFC FY06 appropriation recommendation is balanced between recurring revenues and ex-
penditures and any increase in recurring funding must be offset by reductions in other areas of
the recommendation. The Legislature must consider all priorities and funding requirements to
find revenue to support this legislation.
ADMINISTRATIVE IMPLICATIONS
PED will have to develop rules and procedures for administering the music education program
funds.
TECHNICAL ISSUES
PED suggests specifics should be provided for the music education programs such as grade lev-
els to be included, should the program be aligned with standards, and benchmarks for music pro-
pg_0003
House Bill 540/aHEC -- Page 3
grams, and whether hiring of music teachers is included.
POSSIBLE QUESTIONS
1.
Will the appropriation to the schools in need of improvement fund be restricted to the
services listed in the bill or can PED use it for additional services.
2.
How will the appropriation for music be integrated with the elementary fine arts program
funded through the funding formula.
GAC/sb:lg