HOUSE BILL 184
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
G. Andrés Romero and Rebecca Dow and Candie G. Sweetser
and Derrick J. Lente and Joy Garratt
AN ACT
RELATING TO PUBLIC SCHOOLS; ALLOWING AN OPTION TO USE EQUIVALENT INSTRUCTIONAL HOURS FOR K-5 PLUS UNDER CERTAIN CIRCUMSTANCES; LIMITING CO-USE OF K-5 PLUS AND EXTENDED LEARNING TIME FOR DETERMINING INSTRUCTIONAL TIME; PROVIDING K-5 PLUS FUNDING BASED ON PRIOR-YEAR SECOND AND THIRD REPORTING DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-23.10 NMSA 1978 (being Laws 2019, Chapter 206, Section 16 and Laws 2019, Chapter 207, Section 16) is amended to read:
"22-8-23.10. EXTENDED LEARNING TIME PROGRAM.--
A. A school district or charter school is eligible for additional program units if it establishes within its department-approved educational plan an extended learning time program that meets the requirements of [Subsection B, C or D of] this section.
B. An extended learning time program shall include:
(1) a minimum of one hundred ninety days per school year, with at least five and one-half instructional hours per instructional day for kindergarten through sixth grade and at least six instructional hours per instructional day for seventh through twelfth grade;
(2) after-school program opportunities for academic learning or extracurricular enrichment to students that do not supplant federally funded programs; and
(3) a minimum of eighty noninstructional hours per school year for professional development for instructional staff.
C. An extended learning time program in a school district operating a four-day school week in fiscal year 2019 or in a school district with fewer than one thousand MEM operating a four-day school week shall include:
(1) a minimum of one hundred sixty days per school year with at least six and one-half instructional hours per instructional day for kindergarten through sixth grade and at least seven instructional hours per instructional day for seventh through twelfth grade;
(2) after-school program opportunities for academic learning or extracurricular enrichment to students that do not supplant federally funded programs; and
(3) a minimum of eighty noninstructional hours per school year for professional development for instructional staff.
D. With department approval, an elementary school that [has an extended learning time program that] qualifies for extended learning time program units [pursuant to Subsection B or C of this section] that also has a qualifying K-5 plus program [pursuant to the K-5 Plus Act] may structure the school year to provide the additional instructional time required pursuant to the applicable subsection of this section by extending existing instructional days or instructional hours per day; provided that an elementary school that has a qualifying K-5 plus program that provides an equivalent number of instructional hours shall not be allowed to provide additional instructional hours for an extended learning time program, but shall be required to add the number of days to the school calendar to equal one hundred ninety days or one hundred sixty days, as applicable.
E. The number of additional units to which a school district or charter school is entitled under this section is computed in the following manner:
MEM x 0.11."SECTION 2. Section 22-13D-2 NMSA 1978 (being Laws 2019, Chapter 206, Section 3 and Laws 2019, Chapter 207, Section 3) is amended to read:
"22-13D-2. K-5 PLUS--ELIGIBILITY--REQUIREMENTS.--
A. As used in this section:
(1) "equivalent number of instructional hours" means additional instructional days multiplied by five and one-half hours; and
(2) "instructional day" means a school day that is at least five and one-half hours.
[A.] B. A school district or charter school may apply to participate in the K-5 plus program and is eligible to receive program units for students enrolled in elementary schools approved by the department to participate in the K-5 plus program. In approving schools for participation in K-5 plus, the department shall prioritize elementary schools:
(1) in which eighty percent or more of the elementary school's students are eligible for free or reduced-fee lunch;
(2) that are low-performing elementary schools; and
[(3) that participated in the 2018 K-3 plus or K-5 plus program; and
(4)] (3) that meet criteria established by department rule.
[B.] C. Each K-5 plus program shall:
(1) except as provided in Subsection D of this section, provide no fewer than twenty-five additional instructional days prior to the start of the regular school year;
(2) keep students that participate in the K-5 plus program with the same teacher and cohort of students during the regular school year;
(3) include additional professional development for K-5 plus teachers in how young children learn to read; and
(4) be implemented school-wide.
D. An elementary school may opt to provide the K-5 plus program as an equivalent number of instructional hours if it meets the requirements of Subsections C and E of this section.
E. To qualify for the option to provide K-5 plus as an equivalent number of instructional hours:
(1) an elementary school operating a school week of five instructional days during the regular elementary school calendar must provide a minimum of one hundred eighty instructional days per regular school year. If the elementary school provides fewer than one hundred eighty instructional days in the regular school year, it must first use its K-5 plus allocation to provide the number of additional days required to meet the one-hundred-eighty-day minimum requirement and then allocate the remaining K-5 plus instructional days as equivalent instructional hours; and
(2) an elementary school operating a school week of four instructional days during the regular elementary school calendar must provide a minimum of one hundred fifty instructional days per regular school year. If the elementary school provides fewer than one hundred fifty instructional days during the regular school year, it must first use its K-5 plus allocation to provide the number of additional days required to meet the one-hundred-fifty-day minimum requirement and then allocate the remaining K-5 plus instructional days as equivalent instructional hours.
[C.] F. An elementary school is ineligible for K-5 plus program units if it fails to meet the requirements of [Subsection B of] this section."
SECTION 3. Section 22-8-23.11 NMSA 1978 (being Laws 2019, Chapter 206, Section 17 and Laws 2019, Chapter 207, Section 17) is amended to read:
"22-8-23.11. K-5 PLUS PROGRAM UNITS.--The number of K-5 plus program units is determined by multiplying the MEM in department-approved K-5 plus programs by the cost differential factor of 0.3 [For each reporting date] where MEM [in K-5 plus programs shall be equal to the number] is equal to the average of qualified students on [a reporting date chosen by the department] the prior-year second and third reporting dates."
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