SENATE BILL 743
47th legislature - STATE OF NEW MEXICO - second session, 2006
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. A new section of the Technology for Education Act is enacted to read:
"[NEW MATERIAL] PRIVATE SCHOOL ACCESS TO TECHNOLOGY FOR EDUCATION.--Upon bureau approval of a private school's educational technology plan, a private school shall:
A. establish and implement an effective review and monitoring process of the plan by its own staff members and experts in the field of educational technology on behalf of its students;
B. conduct regular self-assessments of its educational technology plan to minimize burdens on the bureau in its administration of the provisions of the Technology for Education Act;
C. cooperate with the activities and requirements of the bureau and the council;
D. promote collaboration with governments, business and educational organizations and telecommunications entities to improve and expand the use of technology in education; and
E. participate in a periodic review of the working relationship among the department, the bureau and the private school to ensure that the provisions of the Technology for Education Act are being met."
Section 2. 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. "bureau" means the education technology bureau in the department [of education];
B. "chief" means the chief of the bureau;
C. "council" means the council on technology in education; [and]
D. "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
E. "private school" means a private school that has been accredited in compliance with a department-approved process and that elects to receive a distribution from the educational technology fund."
Section 3. 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 and 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 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 private school's technology plan, make distributions [to school districts] 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 the use of technology in education;
G. assess and determine the educational technology needs of school districts and private schools; and
H. provide staff support for and coordinate the activities of the council."
Section 4. Section 22-15A-5 NMSA 1978 (being Laws 1994, Chapter 96, Section 5) is amended to read:
"22-15A-5. COUNCIL ON TECHNOLOGY IN EDUCATION--CREATED--PURPOSE.--The "council on technology in education" is created. The council shall advise the bureau, the [state board] department and the legislature regarding the establishment of appropriate educational technology standards, technology-enhanced curricula, instruction, appropriations for educational technology and administrative resources and services for the public and private schools."
Section 5. 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 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 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 private schools.
C. In making appointments to the council, the [state board] department shall give due consideration to gender and ethnicity and attempt to achieve a membership representative of the geographic and cultural diversity of New Mexico.
D. Members of the council shall elect a [chairman] chair from among the membership. The council shall meet at the call of the [chairman] chair 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 6. 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 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 private schools in support of state and national education goals; and
E. provide assistance to the bureau in review of school district and private school technology plans."
Section 7. 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 educational technology plan, the bureau shall determine a separate distribution from the educational technology fund for each school district.
B. On or before July 31 of each year, the bureau shall distribute money in the educational technology fund directly to each school district in an amount equal to ninety percent of the school district's estimated adjusted entitlement calculated pursuant to Subsection C of this section. A school district'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. Kindergarten membership shall be calculated on a one-half full-time-equivalent basis.
C. A school district'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 percent;
(2) the estimated adjusted entitlement amount for a school district whose unadjusted entitlement is at or below the base allocation shall be equal to the base allocation. For a school district whose unadjusted entitlement is higher than the base allocation, the estimated adjusted entitlement shall be calculated pursuant to Paragraphs (3) through (6) of this subsection;
(3) the total projected membership in those school districts 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 receiving the base allocation pursuant to Paragraph (2) of this subsection is subtracted from the total appropriation;
(5) the projected membership for the district is divided by the result calculated pursuant to Paragraph (3) of this subsection; and
(6) the estimated adjusted entitlement amount for the school district equals the number calculated pursuant to Paragraph (5) of this subsection multiplied by the value calculated pursuant to Paragraph (4) of this subsection.
D. The bureau shall annually fix a means of distributing funds to approved private schools, ensuring that each approved private school shall receive an equitable amount compared with other private schools and with approved school districts.
[D.] E. 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.] F. A school district or private school receiving funding pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology.
[F.] G. As used in this section, "membership" means the total enrollment of qualified students, as defined in the Public School Finance Act, on the current roll of class or school on a specified day. The current roll is established by the addition of original entries and reentries minus withdrawals. Withdrawal of students, in addition to students formally withdrawn from the public school, includes students absent from the public school for as many as ten consecutive school days."
Section 8. 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 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 district and such other related information as may be required by the department [of education]. A private school shall submit an annual report meeting specifications as required by the bureau."
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