54th legislature - STATE OF NEW MEXICO - first session, 2019
RELATING TO PRE-KINDERGARTEN; ENACTING THE PUBLIC PRE-KINDERGARTEN ACT; CHANGING THE DEFINITION OF SCHOOL-AGE PERSON; EXPANDING THE OFFERING OF PRE-KINDERGARTEN; EXPANDING PRE-KINDERGARTEN ELIGIBILITY; DIVIDING THE ADMINISTRATION OF PRE-KINDERGARTEN BETWEEN THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND THE PUBLIC EDUCATION DEPARTMENT; PROVIDING FOR THE FUNDING OF PUBLIC PRE-KINDERGARTEN THROUGH THE PUBLIC SCHOOL FUNDING FORMULA; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-1-2 NMSA 1978 (being Laws 2003, Chapter 153, Section 3, as amended by Laws 2015, Chapter 58, Section 2 and by Laws 2015, Chapter 108, Section 1) is amended to read:
"22-1-2. DEFINITIONS.--As used in the Public School Code:
A. "academic proficiency" means mastery of the subject-matter knowledge and skills specified in state academic content and performance standards for a student's grade level;
B. "charter school" means a school authorized by a chartering authority to operate as a public school;
C. "commission" means the public education commission;
D. "department" means the public education department;
E. "home school" means the operation by the parent of a school-age person of a home study program of instruction that provides a basic academic educational program, including reading, language arts, mathematics, social studies and science;
F. "instructional support provider" means a person who is employed to support the instructional program of a school district, including educational assistant, school counselor, social worker, school nurse, speech-language pathologist, psychologist, physical therapist, occupational therapist, recreational therapist, marriage and family therapist, interpreter for the deaf and diagnostician;
G. "licensed school employee" means teachers, school administrators and instructional support providers;
H. "local school board" means the policy-setting body of a school district;
I. "local superintendent" means the chief executive officer of a school district;
J. "parent" includes a guardian or other person having custody and control of a school-age person;
K. "private school" means a school, other than a home school, that offers on-site programs of instruction and that is not under the control, supervision or management of a local school board;
L. "public school" means that part of a school district that is a single attendance center in which instruction is offered by one or more teachers and is discernible as a building or group of buildings generally recognized as either an elementary, middle, junior high or high school or any combination of those and includes a charter school;
M. "school" means a supervised program of instruction designed to educate a student in a particular place, manner and subject area;
N. "school administrator" means a person licensed to administer in a school district and includes school principals, central district administrators and charter school head administrators;
O. "school-age person" means a person who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent or a person who is at least four years of age prior to 12:01 a.m. on September 1 of the school year if that person is enrolled in a department-approved public pre-kindergarten. A maximum age of twenty-one shall be used for a person who is classified as special education membership as defined in Section 22-8-21 NMSA 1978 or as a resident of a state institution;
P. "school building" means a public school, an administration building and related school structures or facilities, including teacher housing, that is owned, acquired or constructed by the school district as necessary to carry out the functions of the school district;
Q. "school bus private owner" means a person, other than a school district, the department, the state or any other political subdivision of the state, that owns a school bus;
R. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes;
S. "school employee" includes licensed and nonlicensed employees of a school district;
T. "school principal" means the chief instructional leader and administrative head of a public school;
U. "school year" means the total number of contract days offered by public schools in a school district during a period of twelve consecutive months;
V. "secretary" means the secretary of public education;
W. "state agency" or "state institution" means the New Mexico military institute, New Mexico school for the blind and visually impaired, New Mexico school for the deaf, New Mexico boys' school, girls' welfare home, New Mexico youth diagnostic and development center, Sequoyah adolescent treatment center, Carrie Tingley crippled children's hospital, New Mexico behavioral health institute at Las Vegas and any other state agency responsible for educating resident children;
X. "state educational institution" means an institution enumerated in Article 12, Section 11 of the constitution of New Mexico;
Y. "substitute teacher" means a person who holds a certificate to substitute for a teacher in the classroom;
Z. "teacher" means a person who holds a level one, two or three-A license and whose primary duty is classroom instruction or the supervision, below the school principal level, of an instructional program or whose duties include curriculum development, peer intervention, peer coaching or mentoring or serving as a resource teacher for other teachers;
AA. "certified school instructor" means a teacher or instructional support provider; and
BB. "certified school employee" or "certified school personnel" means a licensed school employee."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 2 through 5 of this act may be cited as the "Public Pre-Kindergarten Act"."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] FINDINGS.--The legislature finds that:
A. special needs are present among the state's population of four-year-old children and those needs warrant the delivery of pre-kindergarten;
B. participation in quality pre-kindergarten has a positive effect on children's intellectual, emotional, social and physical development; and
C. pre-kindergarten will advance governmental interests and equitable childhood development and readiness."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Public Pre-Kindergarten Act:
A. "eligible child" means a person age four on September 1 of the pre-kindergarten program year; and
B. "pre-kindergarten" means a statewide, voluntary developmental readiness program that delivers to eligible children services that address their total developmental needs, including their physical, cognitive, social and emotional needs, and that supports their development in the areas of health care, nutrition, safety awareness and multicultural sensitivity."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] PRE-KINDERGARTEN--DUTIES.--The department shall ensure that school districts provide seamless transition of children from early childhood settings to pre-kindergarten and other educational programming for students aged four through eight. The department shall develop and implement a pre-kindergarten program in which it oversees public schools' delivery of pre-kindergarten. In doing so, the department shall:
A. coordinate with the children, youth and families department in the implementation of pre-kindergarten, including alignment of curriculum and employment standards, that the departments administer;
B. coordinate with federal head start agencies to avoid duplication of efforts and to maximize the use of available resources in the implementation of pre-kindergarten in public schools;
C. promulgate rules on public pre-kindergarten, including state policies and standards, that include:
(1) prioritization of funding for program expansion in areas of highest need;
(2) the requirement that pre-kindergarten be offered as a full-day program;
(3) prioritization of programs that provide educational opportunities for student populations that have been historically underserved;
(4) professional competency standards and developmentally appropriate curricular standards alignment between public school pre-kindergarten and pre-kindergarten provided through the children, youth and families department;
(5) addressing the total developmental needs of preschool children, including physical, cognitive, social and emotional needs and including health care, nutrition, safety and culturally and linguistically relevant programming;
(6) alignment of the full-day pre-kindergarten with the school district's elementary school calendar; and
(7) requiring evidence that school districts will collaborate with licensed child care providers and providers of developmental readiness programs;
D. create applications for funding that include:
(1) how the public school meets department standards;
(2) the number of four-year-old students that the public school will serve;
(3) a description of how the public school's pre-kindergarten will be culturally, historically and linguistically responsive to the community;
(4) evidence that the school district has used federal funding opportunities, when appropriate, to maximize the use of available resources to meet public pre-kindergarten needs;
(5) a description of the public school's pre-kindergarten facilities and plans, if necessary, to improve those facilities;
(6) assurance that all teachers and educational assistants are appropriately licensed and that there is a professional development plan for teachers and educational assistants working in pre-kindergarten;
(7) the public school's plan for communicating with and involving parents of children in pre-kindergarten;
(8) coordination of parent education and social services for parents of four-year-olds participating in pre-kindergarten;
(9) how the public school plans to meet the continuum of services to students, including extended day services for families in need of extended daycare;
(10) evidence of local support for pre-kindergarten services in the community, including collaboration efforts with licensed child care providers; and
(11) other relevant information as determined by the department;
E. assist local school boards in developing and evaluating pre-kindergarten;
F. monitor public schools' delivery of pre-kindergarten program services to ensure adherence to child-centered, developmentally appropriate practices and outcomes and provide technical assistance to those schools; and
G. each year, provide an annual report to the governor and the legislature on pre-kindergarten."
SECTION 6. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] PRE-KINDERGARTEN UNITS.--The number of pre-kindergarten units is determined by multiplying the full-time-equivalent MEM in programs implemented in accordance with the Public Pre-Kindergarten Act by the cost differential factor 1.25."
SECTION 7. 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. [For fiscal year 2019, 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 staffing cost multiplier and adding the program units itemized as Paragraphs (7) through (14) in this subsection.] For fiscal year 2020 and subsequent fiscal years, 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) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through [(14)] (15) 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 student activities; [and]
(14) charter school student activities; and
(15) pre-kindergarten.
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, for a charter school, the governing body of the 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, for a charter school, the governing body of the 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 8. Section 22-8-26 NMSA 1978 (being Laws 1967, Chapter 16, Section 76, as amended) is amended to read:
"22-8-26. TRANSPORTATION DISTRIBUTION.--
A. Money in the transportation distribution of the public school fund shall be used only for the purpose of making payments to each school district or state-chartered charter school for the to-and-from school transportation costs of students in [grades kindergarten] pre-kindergarten through [twelve] twelfth grade attending public school within the school district or state-chartered charter school and of three- and four-year-old children who meet the department-approved criteria and definition of developmentally disabled and for transportation of students to and from their regular attendance centers and the place where vocational education programs are being offered.
B. In the event a school district's or state-chartered charter school's transportation allocation exceeds the amount required to meet obligations to provide
to-and-from transportation, three- and four-year-old developmentally disabled transportation and vocational education transportation, fifty percent of the remaining balance shall be deposited in the transportation emergency fund.
C. Of the excess amount retained by the school district or state-chartered charter school, at least
twenty-five percent shall be used for to-and-from transportation-related services, excluding salaries and benefits, and up to twenty-five percent may be used for other transportation-related services, excluding salaries and benefits as defined by rule of the department.
D. In the event the sum of the proposed transportation allocations to each school district or state-chartered charter school exceeds the amounts in the transportation distribution, the allocation to each school district or state-chartered charter school shall be reduced in the proportion that the school district or state-chartered charter school allocation bears to the total statewide transportation distribution.
E. A local school board or governing body of a state-chartered charter school, with the approval of the state transportation director, may provide additional transportation services pursuant to Section 22-16-4 NMSA 1978 to meet established program needs.
F. Nothing in this section prohibits the use of school buses to transport the general public pursuant to the Emergency Transportation Act."
SECTION 9. A new section of the Instructional Material Law is enacted to read:
"[NEW MATERIAL] PUBLIC PRE-KINDERGARTEN INSTRUCTIONAL MATERIALS FUND--CREATED--PURPOSE--APPLICATIONS.--
A. The "public pre-kindergarten instructional materials fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund shall not revert to the general fund at the end of a fiscal year. The fund shall be administered by the department, and money in the fund is subject to appropriation by the legislature to the department to assist public schools that implement pre-kindergarten pursuant to the Public Pre-Kindergarten Act. Money in the fund shall be disbursed on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative.
B. A school district or charter school that implements public pre-kindergarten may apply to the department for money from the public pre-kindergarten instructional materials fund to purchase the necessary instructional materials for students enrolled in the program. Funding shall be disbursed on a per-classroom basis. A school district may apply for funding for its pre-kindergarten program if:
(1) core and supplemental instructional materials are evidence- and researched-based in developmentally appropriate curriculum and learning techniques for pre-kindergarten students;
(2) its programs are culturally and linguistically responsive to student heritage; and
(3) the school district has established a professional development plan describing how it will provide teachers with professional development and ongoing support in the effective use of the selected instructional materials."
SECTION 10. A new section of the Indian Education Act is enacted to read:
"[NEW MATERIAL] PRE-KINDERGARTEN ON TRIBAL LANDS.--
A. The department shall collaborate and coordinate efforts with tribes and the children, youth and families department to facilitate public and private pre-kindergarten physically located on tribal lands. These programs shall comply with provisions of the Indian Education Act.
B. The department, in consultation with tribal leaders, shall promulgate rules, including state policies and standards, for implementation and funding of pre-kindergarten for three- and four-year-olds on tribal lands that include:
(1) prioritization of funding for pre-kindergarten expansion in areas of highest need;
(2) for public Indian pre-kindergarten, funding through the state equalization guarantee distribution and for private pre-kindergarten, funding through the children, youth and families department;
(3) standards alignment between public pre-kindergarten on tribal lands and other public school pre-kindergartens; and
(4) assurances that public or private pre-kindergarten addresses the total developmental needs of public pre-kindergarten students and private preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and cultural and linguistic relevancy.
C. The department, in collaboration with appropriate tribal officials, shall develop an application for public pre-kindergarten funding that includes:
(1) how pre-kindergarten on tribal lands meets department standards;
(2) the number of four-year-old students that public pre-kindergarten will serve;
(3) a description of how public pre-kindergarten complies with the Indian Education Act;
(4) a description of the public pre-kindergarten facilities;
(5) the plan for communicating with and involving parents of students in public pre-kindergarten;
(6) coordination of social services for families that may be provided by the tribe or the state; and
(7) other relevant information as determined by the department."
SECTION 11. Section 22-23A-8 NMSA 1978 (being Laws 2003, Chapter 151, Section 8, as amended by Laws 2007, Chapter 295, Section 7 and by Laws 2007, Chapter 296, Section 7) is amended to read:
"22-23A-8. [FUND] FUNDS CREATED.--
A. The "Indian education fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations and income from investment of the fund. Money in the fund shall not revert. The fund shall be administered by the department, and money in the fund is appropriated to the department to distribute awards to support the Indian Education Act.
B. The department shall ensure that funds appropriated from the Indian education fund shall be used for the purposes stated in the Indian Education Act and shall not be used to correct for previous reductions of program services.
C. The department shall develop procedures and rules for the award of money from the fund. Disbursement of the fund shall be made by warrant of the department of finance and administration pursuant to vouchers signed by the secretary of public education.
D. The "Indian pre-kindergarten fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund shall not revert to the general fund at the end of a fiscal year. The fund shall be administered by the department, and money in the fund is appropriated to the department to distribute awards to support Indian pre-kindergarten as provided in the Indian Education Act."
SECTION 12. Section 32A-23-1 NMSA 1978 (being Laws 2005, Chapter 170, Section 1) is amended to read:
"32A-23-1. SHORT TITLE.--[This act] Chapter 32A, Article 23 NMSA 1978 may be cited as the "Children, Youth and Families Pre-Kindergarten Act"."
SECTION 13. Section 32A-23-3 NMSA 1978 (being Laws 2005, Chapter 170, Section 3) is amended to read:
"32A-23-3. DEFINITIONS.--As used in the Children, Youth and Families Pre-Kindergarten Act:
A. "community" means an area defined by school district boundaries, tribal boundaries or joint boundaries of a school district and tribe or any combination of school districts and tribes;
B. ["departments"] "department" means the children, youth and families department [and the public education department acting jointly;
C. "early childhood development specialist" means the adult responsible for working directly with four-year-old children in implementing pre-kindergarten services];
C. "eligible child" means a child who is three years old on September 1 of the pre-kindergarten school year;
D. "eligible provider" means a person licensed by the [children, youth and families] department [that provides] to provide early childhood developmental readiness services or preschool special education, or is a [public school] tribal program or head start program;
E. "high-risk school" means a public school in New Mexico designated by the public education department as a public school with a high percentage of students who do not meet acceptable academic proficiency levels and that is located in a geographic area with a large at-risk student population;
[E.] F. "pre-kindergarten" means a statewide, voluntary developmental readiness program [for children who have attained their fourth birthday prior to September 1] that delivers services to eligible children that address their total developmental needs, including their physical, cognitive, social and emotional needs, and that supports their development in the areas of health care, nutrition, safety awareness and multicultural sensitivity; and
[F.] G. "tribe" means an Indian nation, tribe or pueblo located in New Mexico."
SECTION 14. A new section of the Children, Youth and Families Pre-Kindergarten Act is enacted to read:
"[NEW MATERIAL] PRE-KINDERGARTEN CURRICULUM AND WORKFORCE DEVELOPMENT COUNCIL.--
A. The secretary of children, youth and families shall appoint a "pre-kindergarten curriculum and workforce development council". The council shall be responsible for assisting the department in the development and support for high-quality curricular, employment and professional standards that are aligned between pre-kindergarten provided by the public schools and those administered by the department for program delivery and qualifications for pre-kindergarten employees to ensure parents have equitable access to high-quality pre-kindergarten.
B. The council shall be composed of the following members:
(1) the secretary of children, youth and families or the secretary's designee, who shall serve as the chair of the council;
(2) the secretary of public education or the secretary's designee;
(3) an early childhood education specialist from the public education department;
(4) a representative from the head start collaboration office;
(5) two representatives from school districts that provide public pre-kindergarten;
(6) two representatives from department- licensed early childhood providers currently providing pre-kindergarten;
(7) two parents of pre-kindergarten-aged children enrolled in private pre-kindergarten;
(8) two representatives from community organizations that advocate on behalf of early childhood services;
(9) two representatives from a public post-secondary educational institution offering an early childhood teacher education program that leads to licensure or certification of pre-kindergarten providers and employees; and
(10) two pre-kindergarten employees.
C. To ensure alignment of curriculum, employment and professional standards between public and private pre-kindergarten, the council shall provide recommendations to the secretary of children, youth and families:
(1) by identifying a diverse set of culturally, linguistically and developmentally appropriate curricula for pre-kindergarten;
(2) by identifying a diverse set of professional development opportunities, including the delivery system for that professional development, that provides professional growth opportunities;
(3) for a career and wage ladder for pre-kindergarten employees that considers employees' education, experience, certification or licensure and other credentials and position to create wage parity for employees working in private pre-kindergarten and public school pre-kindergarten employees no later than fiscal year 2023 and recommend appropriate per-child reimbursement rates that ensure that pre-kindergarten providers receive sufficient funds to pay those wages;
(4) programmatic initiatives necessary to recruit and retain a high-quality private pre-kindergarten workforce; and
(5) any other recommendations or assistance requested by the secretary of children, youth and families.
D. The department may issue requests for proposals and contract with experienced, qualified professional development organizations to assist the department in developing and supporting a high-quality pre-kindergarten workforce. Prior to issuing a request for proposals for professional development organizations, the department, with council assistance, shall survey pre-kindergarten providers and employees regarding professional development needs, as well as other needs, including financial assistance, to enable pre-kindergarten employees to advance professionally.
E. In considering a professional development organization contract, the department shall determine the organization's ability to provide:
(1) enhanced training required pursuant to changing department standards;
(2) basic and advanced training and professional development;
(3) orientation for persons interested in employment with a pre-kindergarten provider;
(4) mentoring for new kindergarten employees and employees who are seeking certification or licensure by furthering their education;
(5) apprenticeships as a registered apprenticeship program;
(6) customizable professional development plans for pre-kindergarten employees;
(7) verification processes to ensure that pre-kindergarten providers and employees have completed required training and professional development; and
(8) any other information or data the department determines."
SECTION 15. Section 32A-23-4 NMSA 1978 (being Laws 2005, Chapter 170, Section 4) is amended to read:
"32A-23-4. VOLUNTARY PRE-KINDERGARTEN--INTERAGENCY COOPERATION--CONTRACTS FOR SERVICES--[CONTRACT MONITORING--RESEARCH] REPORTS.--
A. The [children, youth and families department and the public education] department shall [cooperate in the development and implementation of a voluntary program for the provision of pre-kindergarten services throughout the state. The pre-kindergarten program shall address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity] develop and implement pre-kindergarten, in which it contracts with eligible providers for the provision of pre-kindergarten at a per-child reimbursement rate. The department shall coordinate with the public education department in the implementation of pre-kindergarten. The department shall coordinate with federal head start agencies to avoid duplication of effort and maximize the use of available resources in the implementation of pre-kindergarten.
B. The [departments] department shall [collaborate on promulgating] promulgate rules on pre-kindergarten [services], including state policies and standards, [and] that include:
(1) the requirement that pre-kindergarten be offered as a full-instructional-day program that must, at a minimum, align with the instructional hours required for public school pre-kindergarten;
(2) prioritization of funding for pre-kindergarten expansion in areas of highest need;
(3) prioritization of pre-kindergarten that provides educational opportunities for eligible children who have been historically underserved;
(4) professional competence and developmentally appropriate curricular standards alignment between public school pre-kindergarten and pre-kindergarten provided through the department;
(5) requirements that each pre-kindergarten address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and cultural relevancy;
(6) the basic training needed by persons who substitute during the absence of pre-kindergarten employees, including training for long-term substitutes; and
(7) tiered reimbursement rates based on a career and wage ladder that creates minimum pay requirements for employees based on the education level and experience of pre-kindergarten workers.
C. The department shall review the process for making contract awards and for the expenditure and use of contract funds.
[C.] D. The [departments] department shall monitor activity under pre-kindergarten contracts to ensure [the effectiveness of] adherence to child-centered, developmentally appropriate practices and outcomes [The departments shall assign staff to work on the development and implementation of the program and on the monitoring of contract awards. The early childhood training and technical assistance programs of the children, youth and families department and assigned staff from the public education department staff] and shall provide technical assistance to eligible providers.
[D.] E. Each year, the [departments] department shall provide an annual report to the governor and the legislature on [the progress of the state's voluntary] pre-kindergarten [program]."
SECTION 16. Section 32A-23-6 NMSA 1978 (being Laws 2005, Chapter 170, Section 6, as amended) is amended to read:
"32A-23-6. REQUESTS FOR PROPOSALS--CONTRACTS FOR SERVICES.--
A. [Each] The department shall [publish] solicit the delivery of pre-kindergarten by publishing a request for proposals [or a request for applications that contains the same requested information for pre-kindergarten services.
B. Eligible providers shall submit proposals or applications for pre-kindergarten services to the appropriate department. An eligible provider's proposal or application shall include a description of the services that will be provided, including] that asks of eligible providers responding to the request:
(1) how [those] the provider's services meet [children, youth and families department or public education] department standards;
(2) the number of [four-year-old] eligible children the [eligible] provider can serve;
(3) the provider's site and floor plans and a description of [the] its facilities;
(4) the revenue sources and [amounts other than state] non-state funding available for the [pre-kindergarten program] provider's delivery of services;
(5) a description of the qualifications and experience of the [early childhood development] provider's service-delivery staff for each site;
(6) the provider's plan for communicating with and involving parents of children in [the] pre-kindergarten [program];
(7) how [those] the provider's services meet the continuum of services to children; and
(8) other relevant information. [requested by the departments.
C. Each] B. The department shall accept and evaluate proposals [or applications] for [funding for] the delivery of pre-kindergarten by eligible providers.
[D. For funding purposes, applications and proposals shall be evaluated and priority given] C. In selecting among proposals for the delivery of pre-kindergarten, the department shall give priority to [programs] pre-kindergarten in communities with public elementary schools that are designated as [Title 1] high-risk schools [and that have at least sixty-six percent of the children served living within the attendance zone of a Title 1 elementary school. Additional funding criteria include]. It shall further consider:
(1) the number of [four-year-olds] eligible children residing in the community and the number of [four-year-olds] eligible children proposed to be served;
(2) the adequacy and capacity of pre-kindergarten facilities in the community;
(3) the availability of language and literacy services in the community;
(4) the cultural, historic and linguistic responsiveness to the community;
(5) the availability of parent education services [available] for parents of [four-year-olds] eligible children in the community;
[(6) the qualifications of eligible providers in the community;
(7)] (6) staff professional development plans;
[(8)] (7) the capacity of local organizations and persons interested [in] and involved in [programs and services] pre-kindergarten for [four-year-olds] eligible children and their commitment to work together;
[(9)] (8) the [extent] degree of local support for pre-kindergarten [services] in the community; and
[(10)] (9) other relevant criteria specified by [joint] department rule. [of the departments.
E.] D. A contract [or agreement] with an eligible provider for pre-kindergarten shall [specify and ensure] provide that funds [shall] not be used for any religious, sectarian or denominational purposes, instruction or material."
SECTION 17. Section 32A-23-8 NMSA 1978 (being Laws 2005, Chapter 170, Section 8) is amended to read:
"32A-23-8. [FUNDS] FUND CREATED--ADMINISTRATION.--
[A. The "public pre-kindergarten fund" is created as a nonreverting fund in the state treasury. The fund shall consist of appropriations, income from investment of the fund, gifts, grants and donations. The fund shall be administered by the public education department, and money in the fund is appropriated to the department to carry out the provisions of the Pre-Kindergarten Act. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of public education or the secretary's authorized representative. The department may use up to ten percent of the money in the fund each year for administrative expenses.
B.] The "children, youth and families pre-kindergarten fund" is created as a nonreverting fund in the state treasury. The fund [shall consist] consists of appropriations, gifts, grants and donations to the fund and income from investment of the fund [gifts, grants and donations]. The [fund shall be administered by the children, youth and families] department shall administer the fund, and money in the fund is appropriated to the department to carry out [the provisions of] the Children, Youth and Families Pre-Kindergarten Act. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of children, youth and families or the secretary's authorized representative. The department may use up to ten percent of the money in the fund each year for administrative expenses."
SECTION 18. A new section of the Children, Youth and Families Pre-Kindergarten Act is enacted to read:
"[NEW MATERIAL] HOLD HARMLESS--PHASE-OUT OF FOUR-YEAR-OLD CHILDREN.--The department shall maintain four-year-old children in its pre-kindergarten in fiscal year 2020 and shall use the application process outlined in the Children, Youth and Families Pre-Kindergarten Act for approval of funding for those four-year-old children. The department shall decrease four-year-old pre-kindergarten by six hundred fifty full-time- equivalent slots each year in fiscal years 2021 through 2024. No four-year-old children shall be included in the department's pre-kindergarten program in fiscal year 2025 and subsequent fiscal years."
SECTION 19. TEMPORARY PROVISION--PHASING IN AND PHASING OUT OF FOUR-YEAR-OLD CHILDREN.--The legislature shall make appropriations sufficient to allow for an increase of at least one thousand four hundred twenty-five full-time three-year-old pre-kindergarten slots in the children, youth and families department pre-kindergarten and at least one thousand five hundred fifteen full-time four-year-old public school pre-kindergarten slots each year from fiscal years 2020 through 2024 until the following proportions are minimumly met. The legislature shall make appropriations sufficient to allow the following proportions of children eligible for pre-kindergarten established by the Children, Youth and Families Pre-Kindergarten Act and students eligible for public pre-kindergarten to receive those programs' services:
A. for fiscal year 2020, there shall be:
(1) private pre-kindergarten slots for at least twenty-three percent of all three-year-old children and no more than forty-nine percent of all four-year-old children; and
(2) public pre-kindergarten slots for at least fifty-one percent of all four-year-old children;
B. for fiscal year 2021, there shall be:
(1) private pre-kindergarten slots for at least thirty percent of all three-year-old children and no more than forty-three percent of all four-year-old children; and
(2) public pre-kindergarten slots for at least fifty-seven percent of all four-year-old children;
C. for fiscal year 2022, there shall be:
(1) private pre-kindergarten slots for at least thirty-seven percent of all three-year-old children and no more than thirty-five percent of all four-year-old children; and
(2) public pre-kindergarten slots for at least sixty-five percent of all four-year-old children;
D. for fiscal year 2023, there shall be:
(1) private pre-kindergarten slots for at least forty-three percent of all three-year-old children and no more than twenty-eight percent of all four-year-old children; and
(2) public pre-kindergarten slots for at least seventy-two percent of all four-year-old children; and
E. for fiscal year 2023 and subsequent fiscal years, there shall be:
(1) private pre-kindergarten slots for at least fifty percent of all three-year-old children and no slots for four-year-old children; and
(2) public pre-kindergarten slots for at least eighty percent of all four-year-old children; provided that in subsequent fiscal years, the children, youth and families department and public education department shall strive for funding sufficient to ensure that every three- or four-year-old child who wants to attend pre-kindergarten has an available slot.
SECTION 20. APPROPRIATIONS.--
A. Thirty-four million dollars ($34,000,000) is appropriated from the general fund to the state equalization guarantee distribution of the public school fund for expenditure in fiscal year 2020 to implement the Public Pre-Kindergarten Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.
B. Two million dollars ($2,000,000) is appropriated from the general fund to the Indian pre-kindergarten fund for expenditure in fiscal year 2020 and subsequent fiscal years. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
C. Five million dollars ($5,000,000) is appropriated from the general fund to the transportation distribution of the public school fund for expenditure in fiscal year 2020 to transport eligible four-year-old students in approved public pre-kindergarten. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.
D. One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the public pre-kindergarten instructional materials fund for expenditure in fiscal years 2020 and 2021. Any unexpended or unencumbered balance remaining at the end of fiscal year 2021 shall revert to the general fund.
E. Nineteen million dollars ($19,000,000) is appropriated from the general fund to the children, youth and families pre-kindergarten fund for expenditure in fiscal year 2020 and subsequent fiscal years to implement the Children, Youth and Families Pre-Kindergarten Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
F. Three million dollars ($3,000,000) is appropriated from the general fund to a separate account of the children, youth and families department for expenditure in fiscal year 2020 and subsequent fiscal years to provide early childhood teacher education scholarships. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
G. Twenty million dollars ($20,000,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2020 to maintain the fiscal year 2019 appropriation for four-year-old children in private pre-kindergarten. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.
SECTION 21. REPEAL.--Sections 32A-23-5, 32A-23-7 and 32A-23-9 NMSA 1978 (being Laws 2005, Chapter 170, Sections 5 and 7 and Laws 2011, Chapter 126, Section 1, as amended) are repealed.
SECTION 22. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.