SENATE BILL 105

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

William P. Soules

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; CHANGING THE DATE SCHOOL BOARDS AND GOVERNING BODIES REPORT ESTIMATES TO THE PUBLIC EDUCATION DEPARTMENT; CHANGING THE DATE THE PUBLIC EDUCATION DEPARTMENT IS REQUIRED TO PROVIDE BUDGET RECOMMENDATIONS TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION; CHANGING THE FIRST REPORTING DATE FOR THE CALCULATION OF MEMBERSHIP.

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

     SECTION 1. Section 22-8-12.1 NMSA 1978 (being Laws 1978, Chapter 128, Section 5, as amended) is amended to read:

     "22-8-12.1. MEMBERSHIP PROJECTIONS AND BUDGET REQUESTS.--

          A. Each local school board or governing body of a state-chartered charter school shall submit annually, on or before October [15] 5, to the department:

                (1) an estimate for the succeeding fiscal year of:

                     (a) the membership of qualified students to be enrolled in the basic program;

                     (b) the full-time-equivalent membership of students to be enrolled in approved early childhood education programs; and

                     (c) the membership of students to be enrolled in approved special education programs;

                (2) all other information necessary to calculate program costs; and

                (3) any other information related to the financial needs of the school district or state-chartered charter school as may be requested by the department.

          B. All information requested pursuant to Subsection A of this section shall be submitted on forms prescribed and furnished by the department and shall comply with the department's rules and procedures.

          C. The department shall:

                (1) review the financial needs of each school district or state-chartered charter school for the succeeding fiscal year; and

                (2) submit annually, on or before November [30] 1, to the secretary of finance and administration the recommendations of the department for:

                     (a) amendments to the public school finance formula;

                     (b) appropriations for the succeeding fiscal year to the public school fund for inclusion in the executive budget document; and

                     (c) appropriations for the succeeding fiscal year for pupil transportation and instructional materials."

     SECTION 2. Section 22-8-13 NMSA 1978 (being Laws 1974, Chapter 8, Section 3, as amended) is amended to read:

     "22-8-13. REPORTS.--

          A. Each public school shall keep accurate records concerning membership in the public school.

          B. The dates for which MEM is reported are as follows:

                (1) the first reporting date, [the second Wednesday] October 1 or the first working day in October;

                (2) the second reporting date, December 1 or the first working day in December; and

                (3) the third reporting date, the second Wednesday in February.

          C. The superintendent of each school district or head administrator of a state-chartered charter school shall maintain the following reports for each reporting period:

                (1) the basic program MEM by grade in each public school;

                (2) the early childhood education MEM;

                (3) the special education MEM in each public school in class C and class D programs as defined in Section 22-8-21 NMSA 1978;

                (4) the number of class A and class B programs as defined in Section 22-8-21 NMSA 1978; and

                (5) the full-time-equivalent MEM for bilingual multicultural education programs.

          D. The superintendent of each school district and the head administrator of each state-chartered charter school shall furnish all reports required by law or the department to the department within ten working days of the close of each reporting period. Failure of the department to approve timely submissions shall not cause a school district or charter school to be found noncompliant with the requirements of this section. For purposes of this section, "working day" means every calendar day excluding Saturdays, Sundays and legal holidays.

          E. All information required pursuant to this section shall be on forms prescribed and furnished by the department. A copy of any report made pursuant to this section shall be kept as a permanent record of the school district or charter school and shall be subject to inspection and audit at any reasonable time.

          F. The department may withhold up to one hundred percent of allotments of funds to any school district or state-chartered charter school where the superintendent or head administrator has failed to comply with the requirements of this section. Withholding may continue until the superintendent or head administrator complies with and agrees to continue complying with requirements of this section.

          G. The provisions of this section may be modified or suspended by the department for any school district or school or state-chartered charter school operating under the Variable School Calendar Act. The department shall require MEM reports consistent with the calendar of operations of such school district or school or state-chartered charter school and shall calculate an equivalent MEM for use in projecting school district or charter school revenue."

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