HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 140

52nd legislature - STATE OF NEW MEXICO - first session, 2015

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; PROVIDING FOR AN ACTIVITIES PROGRAM UNIT FOR CERTAIN PRIVATE SCHOOL STUDENTS.

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 (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) home school student program unit;

                (13) home school and certain private school student activities; and

                (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 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. Section 22-8-23.8 NMSA 1978 (being Laws 2007, Chapter 365, Section 2, as amended) is amended to read:

     "22-8-23.8. HOME SCHOOL AND CERTAIN PRIVATE SCHOOL STUDENT ACTIVITIES PROGRAM UNIT.--The home school and certain private school student activities program unit for a school district is determined by multiplying the number of home school students and private school students enrolled in a private school with less than three hundred fifty students who are participating in school district activities governed by the New Mexico activities association by the cost differential factor of 0.1. The home school and certain private school student activities program unit shall be paid to the school district in which it is generated. A home school student or a private school student enrolled in a private school with less than three hundred fifty students is eligible to participate in up to three school district activities at the public school in the attendance zone in which the student resides, according to the New Mexico activities association guidelines. The school district shall verify each home school student's or private school student's academic eligibility to participate in school district activities. As used in this section, "activities" means athletics, co-curricular and extracurricular activities sanctioned by the New Mexico activities association."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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