HOUSE BILL 19

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Luciano "Lucky" Varela and John M. Sapien

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL FINANCE ACT TO MODIFY AND UPDATE THE AT-RISK INDEX; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 22-8-23.3 NMSA 1978 (being Laws 1997, Chapter 40, Section 7, as amended) is amended to read:

     "22-8-23.3. AT-RISK PROGRAM UNITS.--

          A. A school district is eligible for additional program units if it establishes within its [state board] department-approved educational plan identified services to assist students to reach their full academic potential. A school district receiving additional at-risk program units shall include a report of specified services, [in its annual accountability report pursuant to Section 22-1-6 NMSA 1978] including reading coaches, additional instructional time, tutoring and school- and student-level interventions to improve academic proficiency together with intended outcomes related to the specified services. The number of additional units to which a school district is entitled under this section is computed in the following manner:

              At-Risk Index x MEM = Units

where MEM is equal to the total district membership, including early childhood education, full-time-equivalent membership and special education membership and where the at-risk index is calculated in the following manner:

Three-Year Average Total Rate x [0.0915] 0.115 = At-Risk Index.

          B. To calculate the three-year average total rate, the department shall compute a three-year average of the school district's percentage of membership used to determine its Title I allocation, a three-year average of the percentage of membership classified as English language learners using criteria established by the federal office of civil rights and a three-year average of the percentage of student mobility. The department shall then add the three-year average rates. The number obtained from this calculation is the three-year average total rate.

          C. The department shall recalculate the at-risk index for each school district every year. [For the 2002-2003, 2003-2004 and 2004-2005 school years, a school district shall not receive less than ninety percent of the at-risk funding generated in fiscal year 2001.]"

     SECTION 2. APPROPRIATION.--Twenty million dollars ($20,000,000) is appropriated from the general fund to the public education department for distribution through the state equalization guarantee for expenditure in fiscal year 2015 to pay for additional program units generated as a result of the increase in the at-risk index in Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.

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