SENATE BILL 433
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Linda M. Lopez and Luciano "Lucky" Varela
AN ACT
RELATING TO PUBLIC EDUCATION; PROVIDING FOR PHYSICAL EDUCATION INSTRUCTION AND FUNDING FOR PUBLIC SCHOOL STUDENTS IN KINDERGARTEN THROUGH GRADE EIGHT; CREATING A PUBLIC EDUCATION FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-23.7 NMSA 1978 (being Laws 2007, Chapter 348, Section 1) is amended to read:
"22-8-23.7. [ELEMENTARY] PHYSICAL EDUCATION PROGRAM UNITS.--
A. The number of [elementary] physical education program units is determined by multiplying the number of students in [elementary] physical education by the cost differential factor of six one-hundredths.
B. As used in this section, "[elementary] physical education" means eligible physical education programs that serve students in kindergarten through grade [six] eight in a public school [classified by the department as an elementary school]."
SECTION 2. Section 22-13-1 NMSA 1978 (being Laws 2003, Chapter 153, Section 57, as amended) is amended to read:
"22-13-1. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS REQUIRED--ACCREDITATION.--
A. The department shall require public schools to address department-approved academic content and performance standards when instructing in specific department-required subject areas as provided in this section. A public school or school district failing to meet these minimum requirements shall not be accredited by the department.
B. All kindergarten through third grade classes shall provide daily instruction in reading and language arts skills, including phonemic awareness, phonics and comprehension, and in mathematics. Students in kindergarten and first grades shall be screened and monitored for progress in reading and language arts skills, and students in second grade shall take diagnostic tests on reading and language arts skills.
C. Instruction that meets content and performance standards in physical education shall be provided to students in kindergarten.
[C.] D. All first, second and third grade classes shall provide instruction in art, music and a language other than English [and]. Instruction that meets content and performance standards [shall be provided] in science, social studies, physical education and health education shall be provided to students in first, second and third grade classes.
[D.] E. In fourth through eighth grades, instruction that meets academic content and performance standards shall be provided in the following subject areas:
(1) reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year;
(2) mathematics;
(3) language other than English;
(4) communication skills;
(5) science;
(6) art;
(7) music;
(8) social studies;
(9) New Mexico history;
(10) United States history;
(11) geography;
(12) physical education; and
(13) health education.
[E.] F. Beginning with the 2008-2009 school year, in eighth grade, algebra 1 shall be offered in regular classroom settings or through online courses or agreements with high schools.
[F.] G. In fourth through eighth grades, school districts shall offer electives that contribute to academic growth and skill development and provide career and technical education. In sixth through eighth grades, media literacy may be offered as an elective.
[G.] H. In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education."
SECTION 3. Section 22-13-1.7 NMSA 1978 (being Laws 2007, Chapter 348, Section 3) is amended to read:
"22-13-1.7. [ELEMENTARY] PHYSICAL EDUCATION.--
A. As used in this section:
(1) "eligible students" means students in kindergarten through grade [six] eight in a public school [classified by the department as an elementary school]; and
(2) "physical education" includes programs of education through which students participate in activities related to fitness education and assessment; active games and sports; and development of physical capabilities such as motor skills, strength and coordination.
B. [Elementary] Physical education programs that serve eligible students are eligible for funding if those programs meet academic content and performance standards for [elementary] physical education programs.
[C. In granting approval for funding of elementary physical education programs, the department shall provide that programs are first implemented in public schools that have the highest proportion of students most in need based on the percentage of students eligible for free or reduced-fee lunch or grade-level schools that serve an entire school district and in public schools with available space. If the department determines that an elementary physical education program is not meeting the academic content and performance standards for elementary physical education programs, the department shall notify the school district that the public school's failure to meet the academic content and performance standards will result in the cessation of funding for the following school year. The department shall compile the program results submitted by the school districts each year and make an annual report to the legislative education study committee and the legislature.
D.] C. As they become eligible for [elementary] physical education program funding, public schools shall submit to the department their [elementary] physical education program plans that meet academic content and performance standards and other guidelines of the department. At a minimum, the plan shall include the [elementary] physical education program being taught and an evaluation component. To be eligible for state financial support, [an elementary] a physical education program shall:
(1) provide for the physical education needs of students defined in this section; and
(2) use teachers with a license endorsement for physical education.
[E. The department shall annually determine the programs and the consequent number of students in elementary physical education that will receive state financial support in accordance with funding available in each school year.]"
SECTION 4. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] PHYSICAL EDUCATION FUND.--
A. The "physical education fund" is created in the state treasury to provide funding for physical education programs pursuant to the Public School Finance Act. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the public education department, and money in the fund is appropriated to the department to carry out the purposes of the fund.
B. By July 1 of each year, one-fourth of the fund shall be distributed to the state equalization guarantee."
SECTION 5. APPROPRIATION.--Forty-two million dollars ($42,000,000) is appropriated from the general fund to the physical education fund for expenditure in fiscal year 2014 and subsequent fiscal years for physical education programs for public school students in kindergarten through grade eight. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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