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F I S C A L I M P A C T R E P O R T

SPONSOR Miera

ORIGINAL DATE

LAST UPDATED

2/21/07

HB 1260

SHORT TITLE Juvenile Justice Cyber Academy

SB

ANALYST Lucero

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$1,080.1

Recurring

General Fund

$813.2

Non-Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 201, HB 435, SB 209, SB 352

Relates to Appropriation in the General Appropriation Act

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children, Youth and Families Department (CYFD)

Public Education Department (PED)

Office of the Chief Information Officer (CIO)

SUMMARY

Synopsis of Bill

House Bill 1260 appropriates $1,893,300 from the general fund to Children, Youth and Families

Department to establish a juvenile justice cyber academy. All children placed in the custody of

the department through the juvenile justice system shall be enrolled. This academy shall:

•

Provide tools and curriculum necessary for these students to continue their education in

multiple settings;

House Bill 1260 – Page

2

•

Have student data readily available to teachers and administrators throughout the juvenile

justice system to minimize loss of educational time when a student transfers between

juvenile detention facilities;

•

Provide the coursework to meet individual learning goals of students.

•

Meet Public Education Department content standards and performance measures. These

courses shall provide both a basic education and opportunities for advanced and dual

credit courses.

This Bill appropriates one million and eighty thousand dollars ($1,080,000) from the general

fund to the Children, Youth and Families Department for expenditure in fiscal year 2008 to

establish the juvenile justice cyber academy at all juvenile justice facilities of the department for

teachers, a statewide symposium, administration, software licenses, internet connectivity and

computer maintenance. This bill also appropriates eight hundred thirteen thousand two hundred

dollars ($813,200) from the general fund to the Children, Youth and Families Department for

expenditure in fiscal years 2007 and 2008 to purchase and install a master server and database,

computers, furniture, and supplies and other cyber academy start-up costs.

FISCAL IMPLICATIONS

The appropriation of $1,893,300 contained is for expenditure in 2007 and 2008 and is both a

recurring and non-recurring expense to the general fund. Any unexpended or unencumbered

balance remaining at the end of fiscal year 2008 shall revert to the general fund.

The appropriation is not part of Children Youth and Families Department's request and is not

included in the Executive recommendation of Children Youth and Families Department.

Sustainability of the investment, both in terms of high staff turnover at the facilities and other

maintenance and resource costs, is not addressed in the legislation.

Funding is appropriated to CYFD. However, the juvenile justice cyber academy courses shall

meet Public Education Department (PED) content standards and performance measures and

provide both a basic education and opportunities for advanced and dual credit courses. CYFD

and facility staff will need to review available software programs that are aligned to the content

standards and that, ideally, provide some diagnostic information as well to ensure that students

are being placed appropriately and that their needs are being matched, especially in the area of

English Language Learners. Courses offered will need to support the intent of a high school

course.

SIGNIFICANT ISSUES

CYFD Juvenile Justice Services (JJS) operates multiple facilities with similar, although not

identical, educational programs at each facility. When a client-student transfers between

facilities as part of his/her preparation for reintegrating with the community, he or she may not

have exactly the same educational programming offered at the new facility. This can disrupt the

client-student’s ongoing education and potentially requires alteration of the education plan at the

new facility. The Cyber Academy would improve outcomes for the juveniles affected by

allowing for educational continuity when a client moves from one facility to another.

House Bill 1260 – Page

3

CYFD Juvenile Justice Services has been working for 2 ½ years to provide educational

connectivity to all JJS facilities statewide. Significant challenges have arisen concerning the

availability of connectivity in all CYFD facility locations. This bill could allow CYFD to

consider better connectivity solutions, new computers, furniture and a database to support the

collection and use of education. JJS has used available federal Title 1, Special Education, and

Vocational Education funds to support the activities described, and the bill would allow CYFD

to continue and enhance these efforts.

The intent of the program is to provide the tools and curriculum necessary for these students to

continue their education in multiple settings focused on individual learning goals. Student data

will be readily available to teachers and administrators to minimize the loss of educational time

when a student transfers between facilities.

Educational opportunities are expanded through the online curriculum. Mobility issues will

become non-existent. The alignment of curriculum to the New Mexico Content Standards and

Benchmarks and student support from a certified teacher allow for a quality online learning

experience. Professional development would also increase effective and efficient program

implementation. This type of educational program can also support student advancement or

course recovery.

On-line Internet safety and supervision (CIPA – Child’s Internet Safety Act) with protected web

services and security measures should be in place prior to the start of this endeavor. In addition,

close monitoring of Internet use is essential by staff at the facility.

There are currently six state-supported schools which house juveniles for various reasons from

emotional disorders to criminal offenses. These sites are limited in their course offerings.

PERFORMANCE IMPLICATIONS

The bill would fund resources to develop and track data on client-students that will enhance

CYFD’s ability to measure individual and group educational performance, and upon which to

plan program improvement priorities and initiatives.

There are no specific PED performance measures; however, the bill supports the PED goal of

increasing access and applying application of technology for student learning. The federal No

Child Left Behind Act of 2001 (NCLB) expects delivery of virtual on-line curricula with a highly

qualified teacher.

ADMINISTRATIVE IMPLICATIONS

On going maintenance and support of the programming is not addressed in the bill.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Related to HB 201, HB 435, SB 209, and SB 352.

House Bill 1260 – Page

4

TECHNICAL ISSUES

The equipment and software needs for this project would need to be evaluated by CYFD Bureau

of Information Technology for network compatibility.

A firewall and secure network are

necessary to protect hardware and impede viruses, including protecting the academy from

malicious intent.

OTHER SUBSTANTIVE ISSUES

The funding appropriation for the student will remain with CYFD. If the student/youth being

served in the juvenile detention center transitions back to the local school to complete the

educational online program it is unclear how the funding would flow to continue the online

services.

The Governor’s IDEAL-NM (Innovative, Digital, Education and Learning, New Mexico)

initiative, which is supported HB 201cs/SB 209cs, will establish a statewide eLearning support

system for all learners served by PreK-12, higher education and state agencies through an

advanced technology infrastructure. It will reduce geographic, scheduling and administrative

barriers to educational opportunities for New Mexico learners while increasing their

technological literacy and enhancing their ability to participate in a digital information economy.

It will establish a common system of sharing, collaboration and cooperation.

IDEAL-NM goals

are as follows:

•

Create a statewide Cyber Academy (mid/high school) with initial focus on supporting

rural schools and teacher professional development

(

within five years all New Mexico

students will take eLearning courses before high school graduation

)

•

Utilize the New Mexico Learning Network (NMLN) to coordinate IDEAL-NM and

provide a statewide eLearning Portal that utilizes the capacity of existing schools,

colleges and universities

•

Implement a shared eLearning technology infrastructure using consistent, state-of-the-art

enterprise solutions

•

Sharing of other educational resources including subject matter expertise, instructional

content and support services

•

Coordinate with other statewide technology initiatives.

The committee substitutes for HB 201/SB 209 state that qualified students must meet the

definition of Section 22-8-2 NMSA 1978, which is as follows:

•

has not graduated from high school;

•

is regularly enrolled in one-half or more of the minimum course requirements approved

by the PED for public school students; and

•

is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or

•

is at least three years of age at any time during the school year and is receiving special

education services pursuant to rules of the department; or

•

has not reached the student's 22nd birthday on the first day of the school year and is

receiving special education services pursuant to rules of the PED.

A home school student may participate in the Statewide Cyber Academy by enrolling for one-

half or more of the minimum course requirements approved by the PED for public school

students in the school district in which the student resides.

House Bill 1260 – Page

5

A student enrolled in a nonpublic school may participate in the statewide cyber academy if the

school in which the student is enrolled enters into a contract with the school district in which the

nonpublic school is located.

A student who is detained in or committed to a juvenile detention facility or a facility for the

long-term care and rehabilitation of delinquent children may participate in the Statewide Cyber

Academy if the facility in which the student is enrolled enters into a contract with the school

district in which the facility is located.

ALTERNATIVES

Students being served by CYFD can enroll in the IDEAL-NM project as a New Mexico student

then transition back to a local school to continue the online program, thereby not losing the

progress made in the coursework. The student will not face course recovery for graduation credit.

A student could obtain course completion rather than opting to drop out of school. In many

cases, online courses, encouraged by the “next step" plan, identify a career pathway that supports

future goals.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Without this appropriation or access to IDEAL-NM, these facilities will continue to struggle in

delivering a transitional educational program for students in the juvenile justice system.

DL/nt