SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 290

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; GIVING SCHOOL DISTRICTS THE FLEXIBILITY NEEDED TO OPERATE WHEN APPROPRIATIONS OR THE UNIT VALUE IS REDUCED AFTER SCHOOL BUDGETS HAVE BEEN APPROVED; WAIVING CERTAIN REQUIREMENTS WHEN SUCH FUNDING SHORTFALLS OCCUR; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of the Public School Finance Act is enacted to read:

     "[NEW MATERIAL] FISCAL CRISIS--TEMPORARY WAIVER OF REQUIREMENTS.--

          A. During a school year in which the legislature decreases the appropriation to the state equalization guarantee distribution by two percent or more or when the secretary of public education decreases the unit value by two percent or more after the department has approved school budgets, a local school board shall not be required to meet statutory minimums for individual class load, teaching load and length of school day or school year and may modify staffing patterns, subject areas and purchases of instructional materials or make other adjustments as required. The local school board may keep these measures in place until the end of the school year.

          B. The local superintendent and the local school board shall seek input from school employees, parents and other community members on the budget adjustments or actions taken pursuant to Subsection A of this section.

          C. Nothing in this section shall be construed to impair a collective bargaining agreement.

          D. The school district shall report to the department the steps it has taken to avoid deficit spending."

     SECTION 2. TEMPORARY PROVISION--CURRENT SCHOOL YEAR.--For the remainder of the 2016-2017 school year, a local school board shall not be required to meet statutory minimums for individual class load, teaching load and length of school day or school year and may modify staffing patterns, subject areas and purchases of instructional materials or make other adjustments as required. The local school board may keep these measures in place until the end of the school year. Nothing in this section shall be construed to impair a collective bargaining agreement.

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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