SENATE BILL 40

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Mimi Stewart

 

 

 

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

 

AN ACT

RELATING TO PUBLIC EDUCATION; REQUIRING K-5 PLUS AND EXTENDED LEARNING TIME PROGRAMS AT ALL PUBLIC SCHOOLS FOR THE 2021-2022 SCHOOL YEAR IF IN-PERSON INSTRUCTION IS NOT PROHIBITED BY EXECUTIVE ORDER OR RESOLUTION OF A LOCAL SCHOOL BOARD; MAKING APPROPRIATIONS.

 

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

     SECTION 1. TEMPORARY PROVISION--EXTENDED SCHOOL YEAR PROGRAMS FOR 2021-2022 SCHOOL YEAR--LIMITATION.--

          A. The legislature finds that learning loss during the 2019-2020 and 2020-2021 school years due to public school closures and extended periods of remote learning requires an increase in instructional time once it is safe to return to in-person schooling.

          B. For the 2021-2022 school year, if in-person instruction is not prohibited by executive order or resolution of a local school board:

                (1) each public elementary school shall provide a schoolwide K-5 plus program pursuant to the K-5 Plus Act or an extended learning time program pursuant to Section 22-8-23.10 NMSA 1978; and

                (2) each public school that is not an elementary school as provided in Paragraph (1) of this subsection shall provide a schoolwide extended learning time program pursuant to Section 22-8-23.10 NMSA 1978.

          C. Prior to approving a school district's or charter school's fiscal year 2022 operating budget, the secretary of public education shall ensure that each school district or charter school has made plans in its operating budget to offer K-5 plus or extended learning time programs for all students.

          D. A school district or charter school shall apply the provisions of the Attendance for Success Act to additional instructional days required by this section.

          E. A school district or charter school shall not be denied K-5 plus funding for a student who participates in a K-5 plus program and is later transferred into another classroom; provided that the transfer is made in the best interest of the student.

          F. Notwithstanding the provisions of Section 22-13D-2 NMSA 1978, for the 2021-2022 school year, a school district or charter school that offers a K-5 plus program may add the required additional instructional days prior to the start of the regular school year or at any time during the regular school year.

          G. Notwithstanding the provisions of Sections 22-8-23.11 and 22-8-23.12 NMSA 1978, the number of MEM used to calculate the number of approved K-5 plus program units or extended learning time program units for each school district or charter school with an approved program during the 2021-2022 school year shall be calculated using the greater of the average of MEM in each approved public school on the second and third reporting dates of the 2020-2021 school year or the MEM in each approved public school on the first reporting date of the 2021-2022 school year.

          H. Subject to the availability of funds, nothing in this section shall be construed to prohibit an elementary school from participating in both a K-5 plus program and an extended learning time program.

     SECTION 2. APPROPRIATIONS.--

          A. Thirteen million four hundred thousand dollars ($13,400,000) is appropriated from the public education reform fund to the state equalization guarantee distribution for expenditure in fiscal year 2022 to fund extended learning time programs pursuant to Section 22-8-23.10 NMSA 1978 and Section 1 of this act. The secretary of public education shall consider eligible extended learning time programs and the amount of state funding available for those programs and determine, in consultation with the department of finance and administration, legislative finance committee and legislative education study committee, the MEM that will be used to calculate the number of additional program units for those programs. Any unexpended or unencumbered balance of this appropriation that is not distributed through the extended learning time program factor, calculated by multiplying the final program unit value set for the 2021-2022 school year by the final total extended learning time program units and subtracting that product from thirteen million four hundred thousand dollars ($13,400,000), shall revert to the public education reform fund.

          B. One hundred twenty-five million nine hundred thousand dollars ($125,900,000) is appropriated from the public education reform fund to the state equalization guarantee distribution for expenditure in fiscal year 2022 to fund K-5 plus programs pursuant to the K-5 Plus Act and Section 1 of this act. The secretary of public education shall consider eligible K-5 plus programs and the amount of state funding available for K-5 plus programs and determine, in consultation with the department of finance and administration, legislative finance committee and legislative education study committee, the MEM that will be used to calculate the number of additional program units for those programs. Any unexpended or unencumbered balance of this appropriation that is not distributed through the K-5 plus program factor, calculated by multiplying the final program unit value set for the 2021-2022 school year by the total K-5 plus program units and subtracting that product from one hundred twenty-five million nine hundred thousand dollars ($125,900,000), shall revert to the public education reform fund.

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