HOUSE BILL 459

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; CREATING THE SPECIAL EDUCATION STATE EQUALIZATION GUARANTEE DISTRIBUTION; DISTINGUISHING SPECIAL EDUCATION FROM OTHER EDUCATIONAL SERVICES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 22-8-14 NMSA 1978 (being Laws 1967, Chapter 16, Section 69, as amended) is amended to read:

     "22-8-14. PUBLIC SCHOOL FUND.--

          A. The "public school fund" is created.

          B. The public school fund shall be distributed to school districts and state-chartered charter schools in the following parts:

                (1) state equalization guarantee distribution;

                (2) special education state equalization guarantee distribution;

                [(2)] (3) transportation distribution; and

                [(3)] (4) supplemental distributions:

                     (a) out-of-state tuition to school districts;

                     (b) emergency; and

                     (c) program enrichment.

          C. The distributions of the public school fund shall be made by the department within limits established by law. The balance remaining in the public school fund at the end of each fiscal year shall revert to the general fund, unless otherwise provided by law."

     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 (6) in this subsection by the instructional staff training and experience index and adding the program units itemized as Paragraphs (7) through [(13)] (12) in this subsection. The itemized program units are as follows:

                (1) [early childhood education] kindergarten;

                (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;]

                (3) gifted education;

                (4) bilingual multicultural education;

                (5) fine arts education;

                (6) elementary physical education;

                (7) size adjustment;

                (8) at-risk program;

                (9) enrollment growth or new district adjustment;

                [(10) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

                (11)] (10) national board for professional teaching standards certification;

                [(12)] (11) home school student activities; and

                [(13)] (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] kindergarten, gifted, 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. Except as otherwise provided in this section, 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; and provided [however] further that if a public school has been rated D or F for two consecutive years, the department shall ensure that the local school board or governing body of a charter school is prioritizing resources for the public school toward proven programs and methods linked to improved student achievement until the public school earns a C or better for two consecutive years."

     SECTION 3. A new section of the Public School Finance Act is enacted to read:

     "[NEW MATERIAL] SPECIAL EDUCATION PROGRAM COST CALCULATION--LOCAL RESPONSIBILITY.--

          A. The total program units for computing the program cost for special education shall be calculated by multiplying the sum of special education program units and early childhood special education program units by the instructional staff training and experience index.

          B. To calculate early childhood special education program units, multiply early childhood special education MEM by the cost differential factor 1.44. Three- and four-year- olds with disabilities shall be counted for 0.5 early childhood special education MEM.

          C. The total special education program cost includes the cost of providing education to three- and four-year-olds with disabilities and education and related services to special education students in grades kindergarten through twelve. 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. Except as otherwise provided in this section, expenditures of money for special education generated under the Public School Finance Act is discretionary to local school boards and governing bodies of charter schools as long as special education program needs are met."

     SECTION 4. Section 22-8-19 NMSA 1978 (being Laws 1974, Chapter 8, Section 9, as amended) is amended to read:

     "22-8-19. [EARLY CHILDHOOD EDUCATION] KINDERGARTEN PROGRAM UNITS.--[A.] The number of [early childhood education] kindergarten program units is determined by multiplying the [early childhood education] kindergarten MEM by the cost differential factor 1.44. [Early childhood education] Kindergarten students enrolled in half-day kindergarten programs shall be counted for 0.5 [early childhood] kindergarten MEM. [Early childhood education] Kindergarten students enrolled in full-day kindergarten programs shall be counted for 1.0 [early childhood education] kindergarten MEM.

          [B. For the purpose of calculating early childhood education program units, developmentally disabled three- and four-year-old students shall be counted in early childhood education membership. No developmentally disabled three- or four-year-old student shall be counted for more than 0.5 early childhood education MEM.]"

     SECTION 5. 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] students with disabilities are those approved by the department and classified as follows:

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

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

          B. All students assigned to [the] programs for [exceptional children] special education 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] four-year-olds with disabilities 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.

          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."

     SECTION 6. A new section of the Public School Finance Act is enacted to read:

     "[NEW MATERIAL] GIFTED EDUCATION PROGRAM UNITS.--

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

                (1) class 1 programs, in which teachers provide services to students whose individualized education programs require a minimal level of gifted services and in which the ratio of students to professionals is regulated by the department;

                (2) class 2 programs, in which teachers provide services to students whose individualized education programs require a moderate level of gifted services and in which the ratio of students to professionals is regulated by the department;

                (3) class 3 programs, in which teachers provide services to students whose individualized education programs require an extensive level of gifted services and in which the ratio of students to professionals is regulated by the department; and

                (4) class 4 programs, in which teachers provide services to students whose individualized education programs require a maximum level of gifted services and in which the ratio of students to professionals is regulated by the department.

          B. All students assigned to gifted programs 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 gifted program units as provided in Subsection C of this section.

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

                (1) the MEM in approved class 1 and 2 programs multiplied by the cost differential factor .7;

                (2) the MEM in approved class 3 programs multiplied by the cost differential factor 1.0; and

                (3) the MEM in approved class 4 programs multiplied by the cost differential factor 2.0.

          D. For the purpose of calculating membership in class 3 and class 4 gifted programs, students shall be counted in actual grade placement or according to chronological age if not in actual grade placement."

     SECTION 7. A new section of the Public School Finance Act is enacted to read:

     "[NEW MATERIAL] SPECIAL EDUCATION STATE EQUALIZATION GUARANTEE DISTRIBUTION--DETERMINATION OF AMOUNT.--

          A. The special education state equalization guarantee distribution is that amount of money distributed to each school district to provide a base of support for the education of students with disabilities. For charter schools, the special education state equalization guarantee distribution is the difference between the charter school's program cost and the two percent withheld by the department or school district for administrative services.

          B. To determine the amount of the state equalization guarantee distribution, the department shall:

                (1) calculate the number of program units to which each school district or charter school is entitled using an average of the special education MEM on the second and third reporting dates of the prior year; or

                (2) calculate the number of program units to which a school district or charter school operating under an approved year-round school calendar is entitled using an average of the special education MEM on appropriate dates established by the department; and

                (3) using the results of the calculations in Paragraph (1) or (2) of this subsection and the instructional staff training and experience index from the October report of the prior school year, establish a total program cost of the school district or charter school.

          C. The special education equalization guarantee distribution shall be distributed prior to June 30 of each fiscal year."

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