SENATE BILL 379
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; RESTORING THE VOCATIONAL EDUCATION FUNDING DIFFERENTIAL TO THE PUBLIC SCHOOL FUNDING FORMULA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-13 NMSA 1978 (being Laws 1974, Chapter 8, Section 3, as amended) is amended to read:
"22-8-13. REPORTS.--
A. Each public school shall keep accurate records concerning membership in the public school.
B. The dates for which MEM is reported are as follows:
(1) the first reporting date, the second Wednesday in October;
(2) the second reporting date, December 1 or the first working day in December; and
(3) the third reporting date, the second Wednesday in February.
C. The superintendent of each school district or head administrator of a state-chartered charter school shall maintain the following reports for each reporting period:
(1) the basic program MEM by grade in each public school;
(2) the early childhood education MEM;
(3) the special education MEM in each public school in class C and class D programs as defined in Section 22-8-21 NMSA 1978;
(4) the number of class A and class B programs as defined in Section 22-8-21 NMSA 1978; [and]
(5) the full-time-equivalent MEM for vocational education programs; and
[(5)] (6) the full-time-equivalent MEM for bilingual multicultural education programs.
D. The superintendent of each school district and the head administrator of each state-chartered charter school shall furnish all reports required by law or the department to the department within ten working days of the close of each reporting period. Failure of the department to approve timely submissions shall not cause a school district or charter school to be found noncompliant with the requirements of this section. For purposes of this section, "working day" means every calendar day excluding Saturdays, Sundays and legal holidays.
E. All information required pursuant to this section shall be on forms prescribed and furnished by the department. A copy of any report made pursuant to this section shall be kept as a permanent record of the school district or charter school and shall be subject to inspection and audit at any reasonable time.
F. The department may withhold up to one hundred percent of allotments of funds to any school district or state-chartered charter school where the superintendent or head administrator has failed to comply with the requirements of this section. Withholding may continue until the superintendent or head administrator complies with and agrees to continue complying with requirements of this section.
G. The provisions of this section may be modified or suspended by the department for any school district or school or state-chartered charter school operating under the Variable School Calendar Act. The department shall require MEM reports consistent with the calendar of operations of such school district or school or state-chartered charter school and shall calculate an equivalent MEM for use in projecting school district or charter school revenue."
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)] (7) in this subsection by the instructional staff training and experience index and adding the program units itemized as Paragraphs [(7)] (8) through [(13)] (14) in this subsection. The itemized program units are as follows:
(1) early childhood education;
(2) basic education;
(3) vocational education;
[(3)] (4) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;
[(4)] (5) bilingual multicultural education;
[(5)] (6) fine arts education;
[(6)] (7) elementary physical education;
[(7)] (8) size adjustment;
[(8)] (9) at-risk program;
[(9)] (10) enrollment growth or new district adjustment;
[(10)] (11) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;
[(11)] (12) national board for professional teaching standards certification;
[(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 3. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] VOCATIONAL EDUCATION PROGRAM UNITS.--The number of vocational education units is determined by multiplying the full-time-equivalent MEM in department-approved vocational education programs by the cost differential factor 0.8."
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