SENATE BILL 171
54th legislature - STATE OF NEW MEXICO - second session, 2020
INTRODUCED BY
Clemente Sanchez
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOL FINANCE; INCREASING THE AT-RISK PROGRAM UNIT; PROVIDING DIFFERENTIAL PROGRAM UNITS FOR SPECIAL EDUCATION TEACHERS, BILINGUAL MULTICULTURAL EDUCATION TEACHERS AND CERTIFIED NATIVE AMERICAN AND CULTURE TEACHERS AND FOR LEVEL TWO AND LEVEL THREE TEACHERS WHO MENTOR BEGINNING TEACHERS; MAKING APPROPRIATIONS.
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 by Laws 2019, Chapter 206, Section 13 and by Laws 2019, Chapter 207, Section 13) 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) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through [(16)] (19) 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;
(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;
(13) home school student activities;
(14) charter school student activities;
(15) K-5 plus; [and]
(16) extended learning time;
(17) special education license endorsement;
(18) bilingual multicultural license endorsement; and
(19) beginning teacher mentors.
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 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."
SECTION 2. Section 22-8-23.3 NMSA 1978 (being Laws 1997, Chapter 40, Section 7, as amended by Laws 2019, Chapter 206, Section 15 and by Laws 2019, Chapter 207, Section 15) 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 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 implemented to improve the academic success of at-risk students. The report shall identify the ways in which the school district and individual public schools use funding generated through the at-risk index and the intended outcomes. For purposes of this section, "at-risk student" means a student who meets the criteria to be included in the calculation of the three-year average total rate in Subsection B of this section. 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 [0.25] 0.27 = 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 1 allocation, a three-year average of the percentage of membership classified as English language learners using criteria established by the office for civil rights of the United States department of education 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.
D. For purposes of this section, "services" means research-based or evidence-based social, emotional or academic interventions, such as:
(1) case management, tutoring, reading interventions and after-school programs that are delivered by social workers, counselors, teachers or other professional staff;
(2) culturally relevant professional and curriculum development, including those necessary to support language acquisition, bilingual and multicultural education;
(3) additional compensation strategies for high-need schools;
(4) whole school interventions, including school-based health centers and community schools;
(5) educational programming intended to improve career and college readiness of at-risk students, including dual or concurrent enrollment, career and technical education, guidance counseling services and coordination with post-secondary institutions; and
(6) services to engage and support parents and families in the education of students."
SECTION 3. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] SPECIAL EDUCATION LICENSE ENDORSEMENT PROGRAM UNITS.--For fiscal year 2021, the number of program units for special-education-endorsed full-time teachers who teach special education students is determined by multiplying by 0.75 the number of those special-education-endorsed full-time teachers employed by the school district or charter school on or before the first reporting date of the school year and verified by the department. Department approval of these units shall be contingent on verification by the school district or charter school that these teachers are receiving a salary differential equal to or greater than the amount generated by the units multiplied by the program unit value during the fiscal year in which the school district or charter school will receive these units. For fiscal year 2022 and subsequent fiscal years, the multiplier shall be 1.1."
SECTION 4. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] BILINGUAL MULTICULTURAL LICENSE ENDORSEMENT PROGRAM UNITS.--For fiscal year 2021, the number of program units for full-time bilingual multicultural education teachers, including certified Native American language and culture teachers, who teach English language learners or students enrolled in a bilingual multicultural education program or Native American language and culture class is determined by multiplying by 0.75 the number of those full-time bilingual-multicultural-education-endorsed or Native-American-language-and-culture-certified teachers employed by the school district or charter school on or before the first reporting date of the school year and verified by the department to be providing evidence-based instruction that meets the needs of English language learners. Department approval of these units shall be contingent on verification by the school district or charter school that these teachers are receiving a salary differential equal to or greater than the amount generated by the units multiplied by the program unit value during the fiscal year in which the school district or charter school will receive these units. For fiscal year 2022 and subsequent fiscal years, the multiplier shall be 1.1."
SECTION 5. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] BEGINNING TEACHER MENTORS PROGRAM UNITS.--For fiscal year 2021, the number of program units for level two or level three teachers who mentor beginning teachers is determined by multiplying by 0.5 the number of teacher mentors assigned to mentor one or more beginning teachers employed by the school district or charter school on or before the first reporting date of the school year and verified by the department. While a public school may assign more than one mentor to an individual beginning teacher, only one mentor shall generate the program unit for that beginning teacher. Department approval of these units shall be contingent on verification by the school district or charter school that these teachers are receiving a salary differential equal to or greater than the amount generated by the units multiplied by the program unit value during the fiscal year in which the school district or charter school will receive these units. For fiscal year 2022 and subsequent fiscal years, the multiplier shall be 0.75."
SECTION 6. APPROPRIATIONS.--The following amounts are appropriated from the general fund to the state equalization guarantee distribution of the public school fund for expenditure in fiscal year 2021 for the following purposes, and any unexpended or unencumbered balance of an appropriation in this section shall revert to the general fund at the end of fiscal year 2021:
A. twenty million two hundred twenty-eight thousand nine hundred dollars ($20,228,900) for the increase in the at-risk program units;
B. sixteen million four hundred twenty-five thousand two hundred dollars ($16,425,200) for the special education license endorsement program units for full-time teachers who are teaching special education students;
C. thirteen million four hundred ninety-eight thousand dollars ($13,498,000) for the bilingual multicultural license endorsement program units for full-time endorsed teachers or teachers who hold a Native American language and culture certificate who are teaching bilingual multicultural programs or Native American language and culture; and
D. six million eight hundred forty-eight thousand one hundred dollars ($6,848,100) for the beginning teacher mentors program units for level two or level three teachers who mentor one or more beginning teachers.
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