HOUSE BILL 208
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Joni Marie Gutierrez
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOLS; PROVIDING FOR PHYSICAL EDUCATION IN GRADES KINDERGARTEN THROUGH SIX IN ELEMENTARY SCHOOLS; ADDING PHYSICAL EDUCATION PROGRAM UNITS AND CHARTER SCHOOL STUDENT ACTIVITIES PROGRAM UNITS INTO THE PROGRAM COST CALCULATION; PROVIDING A PHASED-IN PROGRAM OVER FOUR YEARS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] ELEMENTARY PHYSICAL EDUCATION PROGRAM UNITS.--
A. The number of elementary physical education program units is determined by multiplying the number of students in elementary physical education by the cost differential factor of six one-hundredths.
B. As used in this section, "elementary physical education" means eligible physical education programs that serve students in kindergarten through grade six in a public school classified by the department as an elementary school."
Section 2. Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended) is amended to read:
"22-8-18. PROGRAM COST CALCULATION--LOCAL 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)] (6) in this subsection by the instructional staff training and experience index and adding the program units itemized as Paragraphs [(6)] (7) through [(10)] (12) 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) elementary physical education;
[(6)] (7) size adjustment;
[(7)] (8) at-risk program;
[(8)] (9) enrollment growth or new district adjustment;
[(9)] (10) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers; [and
(10)] (11) national board for professional teaching standards certification; and
(12) charter school student activities.
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 or governing body of a charter school 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 and governing bodies of charter schools, provided that the special program needs as enumerated in this section are met."
Section 3. A new section of Chapter 22, Article 13 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ELEMENTARY PHYSICAL EDUCATION.--
A. As used in this section:
(1) "eligible students" means students in kindergarten through grade six in a public school classified by the department as an elementary school; and
(2) "physical education" includes programs of education through which students participate in activities related to fitness education and assessment; active games and sports; and development of physical capabilities such as motor skills, strength and coordination.
B. Elementary physical education programs that serve eligible students are eligible for funding if those programs meet academic content and performance standards for elementary physical education programs.
C. In granting approval for funding of elementary physical education programs, the department shall provide that programs are first implemented in public schools that have the highest proportion of students most in need based on the at-risk index or grade-level schools that serve an entire school district and in public schools with available space. If the department determines that an elementary physical education program is not meeting the academic content and performance standards necessary to ensure adequate yearly progress of students in the program, the department shall notify the school district that the public school's failure to meet the academic content and performance standards will result in the cessation of funding for the following school year. The department shall compile the program results submitted by the school districts each year of the phase-in of elementary physical education and make an annual report to the legislative education study committee and the legislature.
D. As they become eligible for elementary physical education program funding, public schools shall submit to the department their elementary physical education program plans that meet academic content and performance standards and other guidelines of the department. At a minimum, the plan shall include the elementary physical education courses being taught and an evaluation component. To be eligible for state financial support, an elementary physical education program shall:
(1) provide for the physical education needs of students defined in this section; and
(2) use teachers with a license endorsement for physical education.
E. Elementary physical education programs shall be phased in over a four-year period as follows:
(1) effective with the 2007-2008 school year, one-fourth of New Mexico's eligible students shall be in an elementary physical education program;
(2) effective with the 2008-2009 school year, one-half of New Mexico's eligible students shall be in an elementary physical education program;
(3) effective with the 2009-2010 school year, three-fourths of New Mexico's eligible students shall be in an elementary physical education program; and
(4) effective with the 2010-2011 school year, all of New Mexico's eligible students shall be in an elementary physical education program."
Section 4. APPROPRIATION.--Eight million dollars ($8,000,000) is appropriated from the general fund to the state equalization guarantee distribution for expenditure in fiscal year 2008 to fund elementary physical education program units. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall not revert to the general fund.
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