SENATE BILL 378
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Linda M. Lopez and Sheryl Williams Stapleton
AN ACT
RELATING TO PUBLIC SCHOOL FINANCE; MAKING THE K-3 PLUS PROGRAM PART OF THE STATE EQUALIZATION GUARANTEE DISTRIBUTION; AMENDING, REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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)] (14) in this subsection. The itemized program units are as follows:
(1) early childhood education;
(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;
(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) national board for professional teaching standards certification;
(12) K-3 plus;
[(12)] (13) home school student activities; and
[(13)] (14) 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, 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 2. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] K-3 PLUS PROGRAM UNITS.--The number of K-3 plus program units is determined by multiplying the number of approved students in programs implemented in accordance with the provisions of Section 22-13-28 NMSA by the cost differential factor of 0.3."
SECTION 3. Section 22-13-28 NMSA 1978 (being Laws 2007, Chapter 12, Section 1, as amended) is amended to read:
"22-13-28. K-3 PLUS--ELIGIBILITY--APPLICATION--REPORTING AND EVALUATION.--
A. The six-year K-3 plus pilot project has demonstrated that increased time in kindergarten and the early grades narrows the achievement gap between disadvantaged students and other students and increases cognitive skills and leads to higher test scores for all participants.
B. The "K-3 plus" program is created [in the department] to provide funding for additional educational time for disadvantaged students in kindergarten through third grade. K-3 plus shall be administered by the department and shall provide the funding for approved full-day kindergarten and grades one through three to be extended by at least twenty-five instructional days, beginning up to two months earlier than the regular school years; provided that a school receiving funding generated through the K-3 plus differential shall not reduce the number of instructional hours in a day or hours in the school year below those provided for in Section 22-2-8.1 NMSA 1978.
C. K-3 plus shall be conducted in high-poverty public schools. For the purposes of K-3 plus, "high-poverty public school" means a public school in which eighty-five percent or more of the students are eligible for free or reduced-fee lunch or that has received two consecutive grades of D or F under the A-B-C-D-F Schools Rating Act at the time the public school applies for the program.
D. The department shall promulgate rules for application requirements and procedures and criteria for evaluating applications. In evaluating applications for K-3 plus, the department shall grant priority to those schools with research-based, scientific reading strategies and programs. An applicant shall demonstrate that its K-3 plus program will meet all department standards and employ only qualified teachers and other staff.
E. [K-3 plus programs shall be funded at no less than thirty percent of the unit value per student. Up to two percent of the money received by a school district shall be used for student recruitment and to ensure regular attendance by K-3 plus students] The department shall annually determine the programs and the resultant number of K-3 plus students that will receive state financial support in accordance with funding available in each school year.
F. Schools that are awarded funding for K-3 plus for the next school year shall be notified by April 15 of the calendar year.
G. The department shall provide additional professional development for K-3 plus teachers in how young children learn to read. Teachers and educational assistants shall be paid at the same rate and under the same terms for K-3 plus as teachers and educational assistants are paid for regular educational programs.
H. Students participating in K-3 plus shall be evaluated at the beginning of K-3 plus, and their progress shall be measured through standardized assessments as follows:
(1) in literacy, an assessment approved and provided by the department that measures the acquisition of reading skills, including phonological awareness, phonics, spelling, reading fluency, vocabulary and comprehension in kindergarten and in grades one through three; and
(2) in numeracy, in grades three and four.
I. The department shall establish reporting and evaluation requirements for participating schools, including student and program assessments. The department shall report annually to the legislature and the governor on the efficacy of K-3 plus.
[J. The department may use up to four percent of any appropriation made by the legislature for K-3 plus for professional development for participating educators and department administrative costs.
K.] J. The department shall develop and disseminate information on best practices in the areas of student recruitment, retention and academic success of early learners.
[L.] K. The secretary shall appoint a "K-3 plus advisory committee" composed of representatives of school districts that participate in K-3 plus and other stakeholders. The advisory committee shall meet twice a year to advise the department on K-3 plus implementation."
SECTION 4. TEMPORARY PROVISION--TRANSFER OF FUNDS.--Any unexpended or unencumbered balance remaining in the K-3 plus fund on the effective date of the provisions of this act shall be transferred to the public school fund.
SECTION 5. REPEAL.--Section 22-13-28.1 NMSA 1978 (being Laws 2012, Chapter 21, Section 2) is repealed.
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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