SENATE BILL 1183
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Mark Boitano
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING NEW SECTIONS OF THE ASSESSMENT AND ACCOUNTABILITY ACT; CREATING THE SCHOOL COLLABORATIVE SCHOOL IMPROVEMENT PROGRAM; PROVIDING FOR LOCAL SCHOOL PRINCIPAL PROGRAM APPROVAL; PROVIDING FOR PUBLIC EDUCATION DEPARTMENT WAIVERS FROM CERTAIN STATE REQUIREMENTS; CREATING THE SCHOOL COLLABORATIVE SCHOOL IMPROVEMENT FUND; PROVIDING THAT A PORTION OF THE UNENCUMBERED BALANCES OF CERTAIN GENERAL FUND APPROPRIATIONS SHALL REVERT TO THE FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Assessment and Accountability Act, Section 22-2C-8.1 NMSA 1978, is enacted to read:
"22-2C-8.1. [NEW MATERIAL] SCHOOL COLLABORATIVE SCHOOL IMPROVEMENT PROGRAM--SCHOOL PRINCIPAL APPROVAL--DEPARTMENT APPROVAL OF WAIVERS.--
A. In school districts with a student enrollment of more than thirty-five thousand, a school principal may approve an individual school plan to implement a school collaborative school improvement program upon a finding that the plan is in the best interest of the public school and is supported by the participating teaching staff.
B. The input and concerns of parents, students, school employees and members of the community shall be solicited and considered in the development and adoption of a school collaborative school improvement program.
C. If necessary for the implementation of a school collaborative school improvement program, the school principal may apply to the department for a waiver of Public School Code provisions relating to the length of school day, staffing patterns, subject areas or purchase of instructional material. The department may approve a request for a waiver upon a finding that the school principal has demonstrated accountability for student learning through alternative planning and that the participating teaching staff supports the implementation of a school collaborative school improvement program. The school principal shall provide the department with a program budget that shows the type and number of students served, the type and number of school employees involved and all expenditures related to the waiver.
D. A teacher participating in the development and implementation of a school collaborative school improvement program may contact the department to comment on the school principal's waiver request if the teacher has communicated the teacher's opinion in writing to the school principal at the time the school principal approved implementation of the program."
Section 2. A new section of the Assessment and Accountability Act, Section 22-2C-9.1 NMSA 1978, is enacted to read:
"22-2C-9.1. [NEW MATERIAL] SCHOOL COLLABORATIVE SCHOOL IMPROVEMENT FUND--CREATED--DISTRIBUTIONS.--
A. The "school collaborative school improvement fund" is created in the state treasury. The fund shall consist of transfers, distributions, appropriations, reversions, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the department to provide supplemental funding for implementation of the school collaborative school program waivers granted by the department. No more than three percent of the fund may be retained by the department for administrative purposes. Money in the fund shall be expended on warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative.
B. Distributions from the fund shall be by application approved by the department based on the school's collaborative school improvement plan as provided in 22-2C-8.1 NMSA 1978."
Section 3. Section 6-5-10 NMSA 1978 (being Laws 1994, Chapter 11, Section 1, as amended) is amended to read:
"6-5-10. STATE AGENCY REVERSIONS--DIRECTOR POWERS--COMPLIANCE WITH FEDERAL RULES.--
A. Except as provided in [Subsections B and C] Subsection B of this section, all unreserved undesignated fund balances in reverting funds and accounts as reflected in the central financial reporting and accounting system as of June 30 shall revert by September 30 to the general fund. The division may adjust the reversion within forty-five days of release of the audit report for that fiscal year.
B. The director of the division may modify a reversion required pursuant to Subsection A of this section if the reversion would violate federal law or rules pertaining to supplanting of state funds with federal funds or other applicable federal provisions.
C. Ten percent of all unreserved undesignated balances in reverting funds and accounts as of the end of each fiscal year effective fiscal year 2008 shall not revert to the general fund but shall be transferred to the school collaborative school improvement fund to be allocated by the public education department to schools as provided in Section 22-2C-8.1 NMSA 1978."
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