HOUSE BILL 3

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".

     Section 2. DEFINITIONS.--As used in the Education Appropriation Act:

          A. "federal funds" means any payments by the United States government to state government or state agencies for specific purposes or in lieu of taxes, including grants, reimbursements and payments made in accordance with contracts or cooperative agreements, and shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 USCA 1221-1264), as amended;

          B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts; and

          C. "other state funds" means:

                (1) unencumbered nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act;

                (2) all revenue available to state agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

                (3) all revenue, the use of which is restricted by statute or agreement.

     Section 3. FORMAT.--The general format of the appropriations set forth in the Education Appropriation Act with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 2009.

     Section 4. APPROPRIATIONS.--

PUBLIC SCHOOL SUPPORT:

     Except as otherwise provided, unexpended balances of appropriations made in this subsection shall not revert at the end of fiscal year 2010.

(1) State equalization guarantee: 2,388,508.9    850.0                           2,389,358.9

     The purpose of public school support is to carry out the mandate to establish and maintain a uniform system of free public schools sufficient for the education of, and open to, all of the children of school age in the state.

     The rate of distribution of the state equalization guarantee distribution shall be based on a program unit value determined by the secretary of public education. The secretary shall establish a preliminary unit value to establish budgets for the 2009-2010 school year and, upon verification of the number of units statewide for fiscal year 2010 but no later than January 31, 2010, the secretary of public education may adjust the program unit value.

     The secretary of public education, in collaboration with the office of education accountability of the department of finance and administration, shall ensure that all teachers have been evaluated under the tiered licensure evaluation system and have the professional competencies of the appropriate level. The secretary of public education shall withhold from the public school distribution funding for the minimum salary of any teacher who has not been evaluated.

     The general fund appropriation to the state equalization guarantee distribution includes sufficient funds to increase the minimum annual salary for educational assistants to thirteen thousand dollars ($13,000), contingent on the enactment of enabling legislation of the first session of the forty-ninth legislature.

     The general fund appropriation to the state equalization guarantee distribution contains sufficient funding to provide a three-fourths percent increase in the employer contribution to the educational retirement fund.

     The general fund appropriation to the state equalization guarantee distribution contains four million five hundred thousand dollars ($4,500,000) for the third-year implementation of elementary physical education for students in kindergarten through sixth grade. After considering those elementary physical education programs eligible for state financial support and the amount of state funding available for elementary physical education, the secretary of public education shall determine the programs and the consequent number of students in elementary physical education that will be used to calculate the number of elementary physical education program units.

     For the 2009-2010 school year, the state equalization guarantee distribution contains sufficient funding for school districts and charter schools to implement a formula-based program for the first time. Those districts and charter schools shall use current year membership in the calculation of program units for the new formula-based program.

     The general fund appropriation to the state equalization guarantee distribution reflects the deduction of federal revenue pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701, et seq., and formerly known as "PL 874 funds".

     The general fund appropriation to the public school fund shall be reduced by the amounts transferred to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act receipts otherwise unappropriated.

     Any unexpended balances in the authorized distributions remaining at the end of fiscal year 2010 from appropriations made from the general fund shall revert to the general fund.

(2) Transportation distributions:

     Appropriations:               105,455.9                                       105,455.9

     The general fund appropriation for the transportation distribution includes sufficient funding to provide a three-fourths percent increase in the employer contribution to the educational retirement fund.

(3) Supplemental distributions:

     (a) Out-of-state tuition         370.0                                           370.0

     (b) Emergency supplemental     2,000.0                                         2,000.0

Subtotal                              2,370.0                                         2,370.0

     Any unexpended or unencumbered balance in the supplemental distributions to the public education department remaining at the end of fiscal year 2010 from appropriations made from the general fund shall revert to the general fund.

INSTRUCTIONAL MATERIAL FUND:         16,750.0                                        16,750.0

     The appropriation to the instructional material fund is made from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

DUAL CREDIT TEXTBOOK FUND             1,500.0                                         1,500.0

     The general fund appropriation to the public education department for the dual credit textbook fund is contingent on the enactment of legislation of the first session of the forty-ninth legislature creating the dual credit textbook fund.

EDUCATIONAL TECHNOLOGY FUND:          2,400.0                                         2,400.0

SCHOOLS IN NEED OF IMPROVEMENT FUND:  2,500.0                                         2,500.0

INDIAN EDUCATION FUND:                2,000.0                                         2,000.0

     The general fund appropriation to the public education department for the Indian Education Act includes five hundred thousand dollars ($500,000) to provide a rural literacy initiative to support after-school and summer literacy block programs for students in kindergarten through eighth grade in schools with a high proportion of Native American students, contingent on two hundred fifty thousand dollars ($250,000) in matching funds from other than state sources.

FEDERAL FLOW THROUGH:                                                   462,392.0   462,392.0

TOTAL PUBLIC SCHOOL SUPPORT:      2,521,484.8     850.0                 462,392.0 2,984,726.8

PUBLIC EDUCATION DEPARTMENT:                                      

(1) Administration:

     (a) Personal services                                                    

           and employee benefits     14,646.8     698.5                   6,930.2    22,275.5

     (b) Contractual services         732.1      82.0                  19,466.1    20,280.2

     (c) Other                       1,191.6   397.5                   3,373.6     4,962.7

Subtotal                             16,570.5   1,178.0                  29,769.9    47,518.4

     Authorized FTE: 325.8. Permanent 216.2; Term 105.0; Temporary 4.6

(2) Apprenticeship assistance:         650.0                                           650.0

     The general fund appropriation to the public education department in the contractual services category includes two hundred thousand dollars ($200,000) for the operating budget management system.

PUBLIC EDUCATION DEPARTMENT SPECIAL APPROPRIATIONS:                             

     (a) Advanced placement         2,000.0                                         2,000.0

     (b) After-school enrichment   3,300.0                                         3,300.0

     The general fund appropriation to the public education department for after-school enrichment includes one million eight hundred thousand dollars ($1,800,000) for twenty-first century learning centers that in school years 2007-2008 and 2008-2009 were in their final year of eligibility for federal funding.

     (c)  Beginning teacher

           mentorship               1,500.0                                          1,500.0

     (d)  Breakfast for

           elementary students      3,450.0                                          3,450.0

     (e)  Family and Youth

           Resource Act             1,500.0                                          1,500.0

     (f)  Kindergarten-three

           plus                     8,500.0                                          8,500.0

     (g)  New Mexico cyber

           academy                    750.0                                            750.0

     (h)  Pre-kindergarten         8,500.0                2,000.0                  10,500.0

     (i)  Regional education

           cooperative operations   1,200.0                                           1,200.0

     (j)  School improvement

           framework                3,000.0                                          3,000.0

     (k)  Summer reading,

           math and science

           institutes               2,500.0                                          2,500.0

     (l)  Emergency support

           to hold school

           districts harmless

           from decreased

           revenue                  5,000.0                                          5,000.0

Subtotal                           41,200.0                2,000.0                  43,200.0

     The general fund appropriation to the public education department for the Family and Youth Resource Act shall fund family and youth services pursuant to the Family and Youth Resource Act.

     The internal service funds/interagency transfers appropriations to the public education department include two million dollars ($2,000,000) for the pre-kindergarten program from the temporary assistance for needy families block grant to New Mexico.

     The appropriations to the public education department for the pre-kindergarten program shall be used only for direct instruction, transportation and approved administrative costs.

     Any unexpended or unencumbered balance in the authorized distributions remaining at the end of fiscal year 2010 from appropriations made from the general fund shall revert to the general fund.

REGIONAL EDUCATION COOPERATIVES:

(1)  Northwest 2 (Gallina)        136.8                                 1,593.0     1,729.8

(2)  Northeast 4 (Las Vegas)      138.0                                 2,415.4     2,553.4

(3)  Lea county 7 (Hobbs)         114.0                                 3,900.0     4,014.0

(4)  Pecos valley 8 (Artesia)     134.4       1,321.5                   1,371.8     2,827.7

(5)  Southwest 10 (Truth or       132.0         300.0                   4,500.0     4,932.0

      Consequences)                                              

(6)  Central 5 (Albuquerque)      130.8       2,000.0                   2,000.0     4,130.8

(7)  High plains 3 (Raton)        153.6       3,357.5                   2,854.8     6,365.9

(8)  Clovis 6 (Portales)          121.2         335.7                   1,700.0     2,156.9

(9)  Ruidoso 9 (Ruidoso)          139.2       4,000.0                   4,800.0     8,939.2

Subtotal                        1,200.0      11,314.7                  25,135.0    37,649.7

OTHER SPECIAL APPROPRIATIONS

LEGISLATIVE COUNCIL SERVICE        20.0                                                20.0

     To the legislative council service to pay costs associated with a public school transportation study.

HIGHER EDUCATION DEPARTMENT           200.0                                           200.0

     The appropriation to the higher education department for expenditure in fiscal years 2009 and 2010 to establish the school leadership institute and provide for salaries and benefits for up to three full-time-equivalent positions is contingent on enactment of legislation of the first session of the forty-ninth legislature creating the school leadership institute.

NEW MEXICO INSTITUTE OF                50.0                                            50.0

MINING AND TECHNOLOGY

     To the New Mexico institute of mining and technology for a residential summer science program.

     Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

     Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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