SENATE BILL 171
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Joseph Cervantes
AN ACT
RELATING TO PUBLIC SCHOOLS; INCREASING THE MINIMUM INSTRUCTIONAL HOURS AND DAYS IN A SCHOOL YEAR FOR STUDENTS IN KINDERGARTEN THROUGH SIXTH GRADE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:
"22-2-8.1. SCHOOL YEAR--[LENGTH OF SCHOOL DAY] MINIMUM INSTRUCTIONAL HOURS AND DAYS.--
[A. Except as otherwise provided in this section, regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:
(1) kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs, five and one-half hours per day or nine hundred ninety hours per year;
(2) grades one through six, five and
one-half hours per day or nine hundred ninety hours per year; and
(3) grades seven through twelve, six hours per day or]
A. Within three hundred sixty-five calendar days, the following instructional hours or days shall be provided in a school year:
(1) for students in kindergarten through fifth grade, at least one thousand one hundred twenty-seven and one-half instructional hours or five and one-half instructional hours per day for two hundred five days; and
(2) for students in sixth through twelfth grades, at least one thousand eighty instructional hours [per year] or six instructional hours per day for one hundred eighty days.
B. The following programs may count toward the calculation of the minimum instructional hours in a school year set forth in Subsection A of this section:
[B.] (1) up to thirty-three hours of the [full-day] kindergarten program [may be used] for home visits by the teacher or for parent-teacher conferences;
(2) up to twenty-two hours of [grades one through six] first through sixth grade programs [may be used] for home visits by the teacher or for parent-teacher conferences; and
(3) up to twelve hours of [grades seven through twelve] seventh through twelfth grade programs [may be used] to consult with parents to develop next step plans for students and for parent-teacher conferences.
C. Days or hours when no instruction is given due to lunchtime, recess, weather-related school delays or cancellations, in-service training, teacher planning and preparation or other events that are not educational programs or other programs set forth in Subsection B of this section shall not count toward the calculation of minimum instructional hours and days.
[C.] D. Nothing in this section precludes a local school board from [setting a school year or the length of school days in excess of the minimum requirements established by] providing a greater number of instructional hours or days than required in Subsection A of this section.
[D. The secretary may waive the minimum length of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as other students in the state.]
E. [Notwithstanding any other provision of this section] Provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to a state or federal program shall be deemed to be time in a school-directed program [and is part of the instructional day] that counts toward the calculation of minimum instructional hours.
F. School breaks shall be evenly scheduled to the extent practicable."
SECTION 2. Section 22-8-19 NMSA 1978 (being Laws 1974, Chapter 8, Section 9, as amended) is amended to read:
"22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.--
A. The number of early childhood education program units is determined by multiplying the early childhood education MEM by the cost differential factor [1.44. Early childhood education students enrolled in half-day kindergarten programs shall be counted for 0.5 early childhood MEM. Early childhood education students enrolled in full-day kindergarten programs shall be counted for 1.0 early childhood education MEM] 1.656.
B. For the purpose of calculating early childhood education program units, developmentally disabled three- and four-year-old students shall be counted in early childhood education membership. No developmentally disabled three- or four-year-old student shall be counted for more than 0.5 early childhood education MEM."
SECTION 3. Section 22-8-20 NMSA 1978 (being Laws 1991, Chapter 85, Section 3, as amended by Laws 1993, Chapter 2, Section 1 and by Laws 1993, Chapter 226, Sections 21 and 22 and also by Laws 1993, Chapter 228, Sections 2 and 3) is amended to read:
"22-8-20. BASIC PROGRAM UNITS.--The number of basic program units is determined by multiplying the basic program MEM in each grade by the corresponding cost differential factor as follows:
Grades Cost Differential Factor
1 [1.2] 1.38
2 and 3 [1.18] 1.357
4 [through 6] and 5 [1.045]1.202
[7] 6 through 12 1.25."
SECTION 4. APPLICABILITY.--The provisions of this act apply to the 2020-2021 and subsequent school years.
SECTION 5. CONTINGENT EFFECTIVE DATE.--The provisions of this act shall become effective upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the second session of the fifty-third legislature entitled "A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 7 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR AN ADDITIONAL ANNUAL DISTRIBUTION OF ONE PERCENT OF THE PERMANENT FUNDS, OF WHICH THE AMOUNT DISTRIBUTED FROM THE PERMANENT SCHOOL FUND SHALL BE USED TO LENGTHEN THE SCHOOL DAY AND SCHOOL YEAR AS PROVIDED BY LAW.".
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