HOUSE BILL 194
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Nathan P. Small and Mimi Stewart
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOL FINANCE; CREATING A K-12 PLUS FACTOR; INCREASING THE LENGTH OF A SCHOOL YEAR; INCREASING THE AT-RISK PROGRAM UNIT; INCREASING THE RESPONSIBILITY FACTOR FOR PRINCIPALS AND ASSISTANT PRINCIPALS BY A PERCENTAGE OF THE FAMILY INCOME INDEX; PROVIDING TECHNICAL CLEANUP; REPEALING SECTIONS OF THE NMSA 1978 REGARDING THE K-5 PLUS AND EXTENDED LEARNING TIME PROGRAMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] K-12 PLUS FACTOR--TIERS--CALCULATION.--
A. A school district or charter school is eligible for the K-12 plus program unit if it provides more than one hundred eighty instructional days for a public school with a five-day school week, or one hundred fifty-two days for a public school with a four-day school week, and meets the requirements of this section.
B. The number of K-12 plus program units is determined by multiplying the MEM in department-approved K-12 plus schools by the cost differential factor of sixteen-thousandths and the number of instructional days provided between:
(1) one hundred eighty-one and one hundred ninety instructional days for a public school with a five-day school week; and
(2) one hundred fifty-three and one hundred sixty instructional days for a public school with a four-day school week.
C. The number of K-12 plus program units is determined by multiplying the MEM in department-approved K-12 plus schools by the cost differential factor of twenty-four thousandths and the number of instructional days provided between:
(1) one hundred ninety-one and two hundred five instructional days for a public school with a five-day school week; and
(2) one hundred sixty-one and one hundred seventy-two instructional days for a public school with a four-day school week.
D. To be eligible for the K-12 plus program unit as provided in Subsection C of this section, a school district or charter school shall provide:
(1) out-of-school time program opportunities for academic learning, extracurricular or enrichment programming for students that do not supplant federally funded programs; and
(2) a minimum of eighty noninstructional hours per school year for professional work time for instructional staff.
E. As used in this section, "K-12" means kindergarten through twelfth grade."
SECTION 2. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:
"22-2-8.1. SCHOOL YEAR--LENGTH OF SCHOOL DAY--
MINIMUM.--
A. Except as otherwise provided in this section, regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:
(1) kindergarten, [for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs] five and one-half hours per day or [nine hundred ninety] one thousand one hundred forty hours per year;
(2) grades one through six, five and
one-half hours per day or [nine hundred ninety] one thousand one hundred forty hours per year; and
(3) grades seven through twelve, six hours per day or one thousand [eighty] one hundred forty hours per year.
B. Up to thirty-three hours of the full-day kindergarten program may be used for home visits by the teacher or for parent-teacher conferences. Up to twenty-two hours of grades one through six programs may be used for home visits by the teacher or for parent-teacher conferences. Up to twelve hours of grades seven through twelve programs may be used to consult with parents to develop next step plans for students and for parent-teacher conferences.
C. Nothing in this section precludes a local school board from setting a school year or the length of school days in excess of the minimum requirements established by Subsection A of this section.
D. The secretary may waive the minimum length of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as other students in the state.
E. Notwithstanding any other provision of this section, provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to a state or federal program shall be deemed to be time in a school-directed program and is part of the instructional day."
SECTION 3. Section 22-8-6 NMSA 1978 (being Laws 1967, Chapter 16, Section 60, as amended) is amended to read:
"22-8-6. OPERATING BUDGETS--EDUCATIONAL PLANS--SUBMISSION--CERTAIN REPORTS--FAILURE TO SUBMIT.--
A. Prior to April 15 of each year, each local school board shall submit to the department an operating budget for the school district and any locally chartered charter school in the school district for the ensuing fiscal year.
B. The date for the submission of the operating budget for each school district and each charter school as required by this section may be extended to a later date fixed by the secretary.
C. The operating budget required by this section may include:
(1) estimates of the cost of insurance policies for periods up to five years if a lower rate may be obtained by purchasing insurance for the longer term; or
(2) estimates of the cost of contracts for the transportation of students for terms extending up to four years.
D. The operating budget required by this section shall include a budget for each charter school of the membership projected for each charter school, the total program units generated at that charter school and approximate anticipated disbursements and expenditures at each charter school.
E. For fiscal year 2021 and subsequent fiscal years, each school district's and each locally chartered or state-chartered charter school's educational plan shall include:
(1) information on the instructional time offered by the school district or charter school, including the number of instructional days by school site and the number of hours in each instructional day and the frequency of early-release days;
(2) a narrative explaining the identified services to improve the academic success of at-risk students;
[(3) a narrative explaining the services provided to students enrolled in the following programs:
(a) extended learning time programs, including a report of how the extended learning time is used to improve the academic success of students and professional learning of teachers; and
(b) K-5 plus programs;
(4)] (3) a narrative explaining the school district's or charter school's beginning teacher mentorship programs as well as class size and teaching load information;
[(5)] (4) a narrative explaining supplemental programs or services offered by the school district or charter school to ensure that the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act are being implemented by the school district or charter school;
[(6)] (5) a narrative describing the amount of program cost generated for services to students with disabilities and the spending of these revenues on services to students with disabilities, which shall include the following:
(a) program cost generated for students enrolled in approved special education programs;
(b) budgeted expenditures of program cost, for students enrolled in approved special education programs, on students with disabilities;
(c) the amount of program cost generated for personnel providing ancillary and related services to students with disabilities;
(d) budgeted expenditures of program cost for personnel providing ancillary and related services to students with disabilities, on special education ancillary and related services personnel; and
(e) a description of the steps taken to ensure that students with disabilities have access to a free and appropriate public education; and
[(7)] (6) a common set of performance targets and performance measures, as determined by the department in consultation with the department of finance and administration, the legislative finance committee and the legislative education study committee.
F. In addition to the requirements of Subsection E of this section, a school district or charter school that receives federal or local revenue shall include in its educational plan a narrative explaining how the school district or charter school will use the federal or local revenue to improve outcomes for students or to improve the condition of a school building. No later than October 1 of each year, a school district or charter school that received federal or local revenue in the prior fiscal year shall report to the department on the actual uses of that revenue, including a comprehensive evaluation of how the programs and services provided with that revenue improved outcomes for students or how capital projects undertaken improved the condition of a school building. A school district or charter school that is required under federal law to consult with tribal entities as a condition of receiving impact aid funds shall include in its educational plan a detailed narrative of its consultations with tribal entities and the results of those consultations. The school district or charter school shall transmit the October 1 spending and outcomes report to the appropriate tribal authorities. No later than November 15 of each year, the department shall compile the federal and local revenue outcomes reports into a statewide report to the legislative education study committee and the legislative finance committee that includes an analysis and identification of effective programs and strategies that improve outcomes for students.
G. A school district or charter school operating budget and educational plan shall prioritize federal and local revenue for purposes relating to the Indian Education Act; for capital expenditures authorized by the Public School Capital Outlay Act, the Public School Capital Improvements Act or the Public School Buildings Act; or for research-based or evidence-based social, emotional or academic interventions for which at-risk program units may be used.
H. If a local school board or governing board of a charter school fails to submit an operating budget pursuant to this section, the department shall prepare the operating budget for the school district or charter school for the ensuing fiscal year. A local school board or governing board of a charter school shall be considered as failing to submit an operating budget pursuant to this section if the budget submitted exceeds the total projected resources of the school district or charter school or if the budget submitted does not comply with the law or with rules and procedures of the department.
I. As used in this section:
(1) "federal revenue" means seventy-five percent of the revenue derived from:
(a) federal forest reserve funds distributed in accordance with Section 22-8-33 NMSA 1978; or
(b) federal assistance to those areas affected by federal activity authorized in accordance with Title 20 of the United States Code, commonly known as "PL 874 funds" or "impact aid funds"; and
(2) "local revenue" means seventy-five percent of the revenue from a school district one-half mill school district property tax and revenue from the Oil and Gas Ad Valorem Production Tax Act and the Oil and Gas Production Equipment Ad Valorem Tax Act."
SECTION 4. 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)] (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;
(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; and
[(15) K-5 plus; and
(16) extended learning time]
(15) K-12 plus.
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 5. Section 22-8-23.3 NMSA 1978 (being Laws 1997, Chapter 40, Section 7, as amended) 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 [0.30] 0.33 = 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 6. Section 22-8-23.12 NMSA 1978 (being Laws 2019, Chapter 206, Section 18 and Laws 2019, Chapter 207, Section 18) is amended to read:
"22-8-23.12. NEW PROGRAM FUNDING.--For the first year of programs operating pursuant to [the K-5 Plus Act] the Bilingual Multicultural Education Act, the Fine Arts Education Act or for [extended learning time] K-12 plus programs, a school district or charter school shall generate the applicable program units. A school district's or charter school's budget shall be based on the projected number of program units for the program's first year of operation and shall be adjusted using the qualified MEM on the first reporting date of the current school year."
SECTION 7. Section 22-10A-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended) is amended to read:
"22-10A-7. LEVEL ONE LICENSURE.--
A. A level one license is a provisional five-year license for beginning teachers that requires as a condition of licensure that the licensee undergo a formal mentorship program for at least one full school year and an annual intensive performance evaluation by a school administrator for at least three full school years before applying for a level two license.
B. Each school district, in accordance with department rules, shall provide for the mentorship and evaluation of level one teachers. At the end of each year and at the end of the license period, the level one teacher shall be evaluated for competency. If the teacher fails to demonstrate satisfactory progress and competence annually, the teacher may be terminated as provided in Section 22-10A-24 NMSA 1978. If the teacher has not demonstrated satisfactory progress and competence by the end of the five-year period, the teacher shall not be granted a level two license.
C. Except in exigent circumstances defined by department rule, a level one license shall not be extended beyond the initial period.
D. The department shall issue a standard level one license to an applicant who is at least eighteen years of age who:
(1) holds a baccalaureate degree from an accredited educational institution;
(2) has successfully completed a department-approved teacher preparation program from a nationally accredited or state-approved educational institution;
(3) has passed the New Mexico teacher assessments examination, including for elementary licensure beginning January 1, 2013, a rigorous assessment of the candidate's knowledge of the science of teaching reading; and
(4) meets other qualifications for level one licensure, including clearance of the required background check.
E. The department shall issue an alternative level one license to an applicant who meets the requirements of Section 22-10A-8 NMSA 1978.
F. The department shall establish competencies and qualifications for specific grade levels, types and subject areas of level one licensure, including early childhood, elementary, middle school, secondary, special and vocational education.
G. The minimum salary for a level one teacher is fifty thousand dollars ($50,000) for a standard nine and one-half month contract [provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time]."
SECTION 8. Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended) is amended to read:
"22-10A-10. LEVEL TWO LICENSURE.--
A. A level two license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates essential competency to teach. If a level two teacher does not demonstrate essential competency in a given school year, the school district shall provide the teacher with additional professional development and peer intervention during the following school year. If by the end of that school year the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom.
B. The department shall issue a level two license to an applicant who has successfully taught at least three, but no more than five, years as a level one teacher or an alternative level one teacher, or a combination of the two, or is granted reciprocity as provided by department rules. An applicant for a level two license shall:
(1) demonstrate essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and
(2) meet other qualifications as required by the department.
C. The department shall provide for qualifications for specific grade levels, types and subject areas of level two licensure, including early childhood, elementary, middle, secondary, special and vocational education.
D. The minimum salary for a level two teacher is sixty thousand dollars ($60,000) for a standard nine and one-half month contract [provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time]."
SECTION 9. Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended) is amended to read:
"22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR TEACHERS.--
A. A level three-A license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates instructional leader competencies. If a level three-A teacher does not demonstrate essential competency in a given school year, the school district shall provide the teacher with additional professional development and peer intervention during the following school year. If by the end of that school year the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom.
B. The department shall grant a level three-A license to an applicant who has been a level two teacher for at least three years and holds a post-baccalaureate degree or national board for professional teaching standards certification; demonstrates instructional leader competence as required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications for the license.
C. The minimum salary for a level three-A teacher is seventy thousand dollars ($70,000) for a standard nine and one-half month contract [provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time].
D. The minimum salary for a counselor who holds a level three or three-A license as provided in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection C of this section.
E. The responsibility factor for principals and assistant principals, as defined in Section 22-10A-2 NMSA 1978, shall be multiplied by 0.1 of the school's family income index amount as calculated in the Family Income Index Act."
SECTION 10. REPEAL.--Sections 22-8-23.10, 22-8-23.11 and 22-13D-1 through 22-13D-4 NMSA 1978 (being Laws 2019, Chapter 206, Section 16 and Laws 2019, Chapter 207, Section 16; Laws 2019, Chapter 206, Section 17 and Laws 2019, Chapter 207, Section 17; Laws 2019, Chapter 206, Section 2 and Laws 2019, Chapter 207, Section 2; Laws 2019, Chapter 206, Section 3 and Laws 2019, Chapter 207, Section 3; Laws 2019, Chapter 206, Section 4 and Laws 2019, Chapter 207, Section 4; and Laws 2019, Chapter 206, Section 5 and Laws 2019, Chapter 207, Section 5, as amended) are repealed.
SECTION 11. APPLICABILITY.--The provisions of this act apply to the 2023-2024 school year and subsequent school years.
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