SENATE BILL 142

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Cynthia Nava

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; LIMITING SPECIAL EDUCATION PROGRAM UNITS PERTAINING TO ANCILLARY SERVICE AND DIAGNOSTIC SERVICE PERSONNEL.

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

     SECTION 1. Section 22-8-21 NMSA 1978 (being Laws 1974, Chapter 8, Section 11, as amended) is amended to read:

     "22-8-21. SPECIAL EDUCATION PROGRAM UNITS.--

          A. For the purpose of the Public School Finance Act, special education programs for exceptional children are those approved by the department and classified as follows:

                (1) class A programs, in which department- certified individuals provide services to children whose individualized education programs require a minimal amount of special education and in which the ratio of students to professionals is regulated by the [state board] department;

                (2) class B programs, in which department- certified individuals provide services to children whose individualized education programs require a moderate amount of special education and in which the ratio of students to professionals is regulated by the [state board] department;

                (3) class C programs, in which department- certified individuals provide services to children whose individualized education programs require an extensive amount of special education and in which the ratio of students to professionals is regulated by the [state board] department;

                (4) class D programs, in which department- certified individuals provide services to children whose

individualized education programs require a maximum amount of special education and in which the ratio of students to professionals is regulated by the [state board] department. Students in class D programs may be enrolled in private, nonsectarian, nonprofit educational training centers in accordance with the provisions of Section 22-13-8 NMSA 1978; and

                (5) programs for developmentally disabled three- and four-year-old children meeting standards approved by the [state board] department.

          B. All students assigned to the programs for exceptional children classified in Subsection A of this section shall have been so assigned as a result of diagnosis and evaluation performed in accordance with the standards of the department before the students may be counted in the determination of special education program units as provided in Subsection C of this section.

          C. The number of special education program units is the sum of the following:

                (1) the MEM in approved class A and B programs as defined in Subsection A of this section multiplied by the cost differential factor .7;

                (2) the MEM in approved class C programs as defined in Subsection A of this section multiplied by the cost differential factor 1.0;

                (3) the MEM in approved class D programs as defined in Subsection A of this section multiplied by the cost differential factor 2.0;

                (4) the MEM for developmentally disabled three- and four-year-old children as defined in Subsection A of this section multiplied by the cost differential factor 2.0; provided that no developmentally disabled three- or four-year- old student shall be counted for additional ancillary service units; and

                (5) for related services ancillary to providing special education, the number of full-time-equivalent [certified or] licensed ancillary service and diagnostic service personnel multiplied by the cost differential factor 25.0; provided that the number of full-time-equivalent licensed ancillary service and diagnostic service personnel multiplied by the cost differential factor shall not exceed 1.5 multiplied by the sum of:

                     (a) the MEM in approved class A and B programs as defined in Subsection A of this section multiplied by 0.029;

                     (b) the MEM in approved class C programs as defined in Subsection A of this section multiplied by 0.067; and

                     (c) the MEM in approved class D programs as defined in Subsection A of this section multiplied by 0.125.

          D. For the purpose of calculating membership in class C and class D programs, students shall be counted in actual grade placement or according to chronological age if not in actual grade placement."

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