0001|
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0002|
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0003| HOUSE BILL 215
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0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0005| INTRODUCED BY
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0006| DANICE PICRAUX
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0007|
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0008|
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0009|
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0010| FOR THE PUBLIC SCHOOL FUNDING FORMULA TASK FORCE
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0011|
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0012| AN ACT
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0013| RELATING TO EDUCATION; AMENDING AND ENACTING CERTAIN SECTIONS
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0014| OF THE PUBLIC SCHOOL FINANCE ACT TO ABOLISH CERTAIN SIZE
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0015| ADJUSTMENT UNITS, TO PROVIDE FOR AT-RISK STUDENT PROGRAM UNITS,
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0016| TO REVISE SPECIAL EDUCATION INDICES AND TO ESTABLISH PROGRAM
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0017| UNITS FOR SPECIAL EDUCATION ANCILLARY SERVICE PROGRAMS; MAKING
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0018| APPROPRIATIONS.
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0019|
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0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021| Section 1. Section 22-8-2 NMSA 1978 (being Laws 1978,
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0022| Chapter 128, Section 3, as amended) is amended to read:
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0023| "22-8-2. DEFINITIONS.--As used in the Public School
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0024| Finance Act:
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0025| A. "ADM" or "MEM" means membership;
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0001| B. "membership" means the total enrollment of
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0002| qualified students on the current roll of a class or school on
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0003| a specified day. The current roll is established by the
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0004| addition of original entries and reentries minus withdrawals.
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0005| Withdrawals of students, in addition to students formally
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0006| withdrawn from the public school, [includes] include
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0007| students absent from the public school for as many as ten
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0008| consecutive school days;
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0009| C. "basic program ADM" or "basic program MEM" means
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0010| the MEM of qualified students but excludes the full-time-
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0011| equivalent MEM in early childhood education and three- and
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0012| four-year old students receiving special education services;
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0013| D. "cost differential factor" is the numerical
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0014| expression of the ratio of the cost of a particular segment of
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0015| the school program to the cost of the basic program in grades
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0016| four through six;
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0017| E. "department" or "division" means the state
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0018| department of public education;
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0019| F. "early childhood education ADM" or "early
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0020| childhood education MEM" means the full-time-equivalent MEM of
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0021| students attending approved early childhood education programs;
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0022| G. "full-time-equivalent ADM" or "full-time-
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0023| equivalent MEM" is that membership calculated by applying to
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0024| the MEM in an approved public school program the ratio of the
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0025| number of hours per school day devoted to the program to six
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0001| hours or the number of hours per school week devoted to the
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0002| program to thirty hours;
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0003| H. "operating budget" means the annual financial
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0004| plan required to be submitted by a local school board;
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0005| I. "program cost" is the product of the total
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0006| number of program units to which a school district is entitled
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0007| multiplied by the dollar value per program unit established by
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0008| the legislature;
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0009| J. "program element" is that component of a public
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0010| school system to which a cost differential factor is applied to
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0011| determine the number of program units to which a school
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0012| district is entitled, including but not limited to MEM, full-
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0013| time-equivalent MEM, teacher, classroom or public school;
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0014| K. "program unit" is the product of the program
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0015| element multiplied by the applicable cost differential factor;
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0016| L. "public money" or "public funds" means all money
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0017| from public or private sources received by a local school board
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0018| or officer or employee of a local school board for public use;
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0019| M. "qualified student" means a public school
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0020| student who:
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0021| (1) has not graduated from high school;
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0022| (2) is regularly enrolled in one-half or more
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0023| of the minimum course requirements approved by the state board
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0024| for public school students; and
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0025| (3) is at least five years of age prior to
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0001| 12:01 a.m. on September 1 of the school year; or
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0002| (4) is at least three years of age at any time
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0003| during the school year and is receiving special education
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0004| services pursuant to regulation of the state board; or
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0005| (5) has not reached his twenty-second birthday
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0006| on the first day of the school year and is receiving special
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0007| education services pursuant to regulation of the state board;
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0008| and
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0009| N. "state superintendent" means the superintendent
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0010| of public instruction or his designee."
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0011| Section 2. Section 22-8-18 NMSA 1978 (being Laws 1974,
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0012| Chapter 8, Section 8, as amended) is amended to read:
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0013| "22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD
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0014| RESPONSIBILITY.--
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0015| A. The total program units for the purpose of
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0016| computing the program cost shall be calculated by multiplying
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0017| the sum of the program units itemized as Paragraphs (1) through
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0018| (4) in this subsection by the instruction staff training and
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0019| experience index and adding the program units itemized as
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0020| Paragraphs (5) through [(7)] (8) in this subsection. The
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0021| itemized program units are as follows:
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0022| (1) early childhood education;
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0023| (2) basic education;
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0024| (3) special education, adjusted by subtracting
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0025| the units derived from [class D special education MEM]
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0001| membership in class D special education programs in private,
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0002| nonsectarian, nonprofit training centers;
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0003| (4) bilingual multicultural education;
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0004| (5) size adjustment;
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0005| (6) at-risk student;
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0006| [(6)] (7) enrollment growth or new
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0007| district adjustment; and
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0008| [(7)] (8) special education units derived
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0009| from [class D special education MEM] membership in class D
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0010| special education programs in private, nonsectarian, nonprofit
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0011| training centers.
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0012| B. The total program cost calculated as prescribed
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0013| in Subsection A of this section includes the cost of early
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0014| childhood, special, bilingual multicultural and vocational
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0015| education and other remedial or enrichment programs. It is the
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0016| responsibility of the local school board to determine its
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0017| priorities in terms of the needs of the community served by
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0018| that board. Funds generated under the Public School Finance
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0019| Act are discretionary to local school boards, provided that the
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0020| special program needs as enumerated in this section are met."
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0021| Section 3. Section 22-8-19 NMSA 1978 (being Laws 1974,
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0022| Chapter 8, Section 9, as amended) is amended to read:
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0023| "22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.--
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0024| A. The number of early childhood education
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0025| program units is determined by multiplying the early childhood
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0001| education MEM by the cost differential factor 1.44. No early
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0002| childhood education student shall be counted for more than 0.5
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0003| early childhood education MEM.
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0004| B. For the purpose of calculating early childhood
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0005| education program units, developmentally disabled three- and
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0006| four-year-old students shall be counted in early childhood
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0007| education membership. No developmentally disabled three- and
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0008| four-year old student shall be counted for more than 0.5 early
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0009| childhood education MEM."
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0010| Section 4. Section 22-8-21 NMSA 1978 (being Laws 1974,
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0011| Chapter 8, Section 11, as amended by Laws 1992, Chapter 75,
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0012| Section 1 and also by Laws 1992, Chapter 84, Section 1) is
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0013| amended to read:
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0014| "22-8-21. SPECIAL EDUCATION PROGRAM UNITS.--
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0015| A. For the purpose of the Public School Finance
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0016| Act, special education programs for exceptional children are
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0017| those approved by the department and classified as follows:
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0018| (1) class A programs, in which department
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0019| certified individuals provide services to children whose
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0020| individualized education programs require a minimal amount of
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0021| special education and in which the ratio of students to
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0022| professionals is regulated by the state board;
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0023| (2) class B programs, in which department
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0024| certified individuals provide services to children whose
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0025| individualized education programs require a moderate amount of
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0001| special education and in which the ratio of students to
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0002| professionals is regulated by the state board;
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0003| (3) class C programs, in which department
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0004| certified individuals provide services to children whose
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0005| individualized education programs require an extensive amount
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0006| of special education and in which the ratio of students to
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0007| professionals is regulated by the state board;
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0008| (4) class D programs, in which department
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0009| certified individuals provide services to children whose
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0010| individualized education programs require a maximum amount of
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0011| special education and in which the ratio of students to
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0012| professionals is regulated by the state board. Students in
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0013| class D programs may be enrolled in private, nonsectarian,
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0014| nonprofit educational training centers in accordance with the
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0015| provisions of Section 22-13-8 NMSA 1978; and
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0016| (5) programs for developmentally disabled
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0017| three- and four-year-old children meeting standards approved by
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0018| the state board.
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0019| B. All students assigned to the programs for
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0020| exceptional children classified in Subsection A of this section
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0021| shall have been so assigned as a result of diagnosis and
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0022| evaluation performed in accordance with the standards of the
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0023| department before the students may be counted in the
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0024| determination of special education program units as provided in
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0025| Subsection C of this section.
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0001| C. The number of special education program units is
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0002| the sum of the following:
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0003| (1) [for class A and class B programs as
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defined in Subsection A of this section, the product of the
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number of approved class A and class B programs requested by
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the local school board and certified by the department
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multiplied by the cost differential factor 20] the MEM in
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0008| approved class A and B programs as defined in Subsection A of
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0009| this section multiplied by the cost differential factor.7;
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0010| (2) the [special education] MEM in
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0011| approved class C programs as defined in Subsection A of this
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0012| section multiplied by the cost differential factor [1.9]
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0013| 1.0;
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0014| (3) the [special education] MEM in
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0015| approved class D programs as defined in Subsection A of this
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0016| section multiplied by the cost differential factor [3.5; and]
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0017| 2.0; [and]
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0018| (4) the [special education] MEM for
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0019| developmentally disabled three- and four-year-old children as
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0020| defined in [Paragraph (5) of] Subsection A of this section
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0021| multiplied by the cost differential factor [3.5] 2.0;
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0022| provided that no developmentally disabled three- or four-year-
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0023| old student shall be counted for additional ancillary service
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0024| units; and
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0025| (5) for related services ancillary to
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0001| providing special education, the number of full-time equivalent
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0002| certified or licensed ancillary service and diagnostic service
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0003| personnel multiplied by the cost differential factor 25.0.
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0004| D. For the purpose of calculating membership in
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0005| class C and class D programs, students shall be counted in
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0006| actual grade placement or according to chronological age if not
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0007| in actual grade placement."
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0008| Section 5. Section 22-8-23 NMSA 1978 (being Laws 1975,
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0009| Chapter 119, Section 1, as amended) is amended to read:
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0010| "22-8-23. SIZE ADJUSTMENT PROGRAM UNITS.--
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0011| A. An approved public school with a MEM of less
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0012| than 400, including early childhood education full-time
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0013| equivalent MEM but excluding [special education class C
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and class D MEM] membership in class C and class D programs
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0015| and excluding full-time equivalent membership in three- and
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0016| four-year old developmentally disabled programs, is eligible
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0017| for additional program units. Separate schools established to
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0018| provide special programs, including but not limited to
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0019| vocational and alternative education, shall not be classified
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0020| as public schools for purposes of generating size adjustment
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0021| program units. The number of additional program units to which
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0022| a school district is entitled under this subsection is the sum
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0023| of elementary-junior high units and senior high units computed
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0024| in the following manner:
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0025| Elementary-Junior High Units
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0001| 200 - MEM x 1.0 x MEM = Units
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0002| 200
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0003| where MEM is equal to the membership of an approved elementary
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0004| or junior high school, including early childhood education
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0005| full-time equivalent membership but excluding special education
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0006| class C and class D membership;
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0007| Senior High Units
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0008| 200 - MEM x 2.0 x MEM = Units
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0009| 200
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0010| or,
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0011| Senior High Units
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0012| 400 - MEM x 1.6 x MEM = Units
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0013| 400
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0014| whichever calculation for senior high units is higher, where
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0015| MEM is equal to the membership of an approved senior high
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0016| school excluding special education class C and class D
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0017| membership.
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0018| B. A school district with total MEM of less than
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0019| 4,000, including early childhood education full-time equivalent
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0020| MEM [and special education MEM], is eligible for additional
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0021| program units. The number of additional program units to which
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0022| a district is entitled under this subsection is the number of
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0023| district units computed in the following manner:
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0024| District Units
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0025| 4000 - MEM x 0.15 x MEM = Units
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0001| 4000
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0002| where MEM is equal to the total district membership,
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0003| including early childhood education full-time equivalent
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0004| membership [and special education membership].
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0005| C. A school district with over 10,000 MEM with a
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0006| ratio of MEM to senior high schools less than 4,000:1 is
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0007| eligible for additional program units based on the number of
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0008| approved regular senior high schools that are not eligible
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0009| for senior high units under Subsection A of this section.
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0010| The number of additional program units to which an eligible
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0011| school district is entitled under this subsection is the
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0012| number of units computed in the following manner:
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0013| 4000 - MEM x 0.50 = Units
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0014| Senior High Schools
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0015| where MEM is equal to the total district membership, including
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0016| early childhood education full-time equivalent membership [and
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special education membership], and where senior high schools
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0018| are equal to the number of approved regular senior high schools
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0019| in the district.
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0020| [D. A school district with a total MEM of greater
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than ten thousand but less than fifteen thousand, including
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early childhood education full-time equivalent MEM and special
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education MEM, is eligible for additional program units. The
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number of additional program units to which an eligible
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district is entitled under this subsection is the number of
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units computed in the following manner:
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MEM - 10,000 x .l5 x MEM = Units
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10,000
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where MEM is equal to the total district membership, including
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early childhood education full-time equivalent membership and
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special education membership.
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E. A school district with a total MEM of
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greater than fifteen thousand but less than thirty-five
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thousand, including early childhood education full-time
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equivalent MEM and special education MEM, is eligible for
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additional program units. The number of additional program
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units to which an eligible district is entitled under this
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subsection is the number of units computed in the following
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manner:
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MEM - 15,000 x .l5 x MEM = Units
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15,000
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where MEM is equal to the total district membership, including
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early childhood education full-time equivalent membership and
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special education membership.
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F. A school district with a total MEM of greater
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than thirty-five thousand, including early childhood education
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full-time equivalent MEM and special education MEM, is eligible
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for additional program units. The number of additional program
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units to which an eligible district is entitled under this
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subsection is the number of units computed in the following
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manner:
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MEM - 35,000 x .023 x MEM = Units
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35,000
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where MEM is equal to the total district membership, including
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early childhood education full-time equivalent membership and
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special education membership.]"
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0007| Section 6. A new section of the Public School Finance
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0008| Act, Section 22-8-23.3 NMSA 1978 is enacted to read:
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0009| "22-8-23.3. [NEW MATERIAL] AT-RISK STUDENT PROGRAM
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0010| UNITS.--
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0011| A. A school district that establishes programs and
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0012| provides services to students at risk of academic failure is
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0013| eligible for additional program units. The number of
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0014| additional units to which a district is entitled under this
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0015| section is computed in the following manner:
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0016| At-Risk Index x MEM = Units
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0017| where MEM is equal to the total district membership, including
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0018| early childhood education, full-time-equivalent membership and
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0019| special education membership, and where the at-risk index is
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0020| calculated in the following manner:
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0021| Refined At-Risk Cluster x Assigned Value = At-Risk Index.
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0022| B. To calculate the refined at-risk cluster, the
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0023| department shall rank order each school district in the state
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0024| on the basis of the district's percentage of membership used to
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0025| determine its Title I allocation, the percentage of membership
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0001| classified as limited English proficient using criteria
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0002| established by the federal office of civil rights, the
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0003| percentage of student mobility and the percentage of dropouts
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0004| in the school district. Using this data, the department shall
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0005| initially group districts into nine clusters using a Kohonen
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0006| mathematical analysis. Each school district shall be assigned
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0007| a whole number from one to nine reflecting its initial cluster
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0008| assignment, with higher need districts receiving a higher
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0009| number and lower need districts receiving a lower number. This
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0010| number shall be modified on the basis of a school district's
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0011| relative position in the cluster. That number shall be further
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0012| refined through the use of a second mathematical calculation, a
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0013| back propagation. Using a back propagation, the department
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0014| shall refine the cluster assignment and the number assigned to
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0015| each school district. The number obtained from this
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0016| calculation is the refined at-risk cluster.
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0017| C. To establish the assigned value necessary to
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0018| calculate the at-risk index, the department shall assign a
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0019| value to each district based on the district's refined at-risk
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0020| cluster number. The value assigned shall not be less than .01
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0021| or be more than .15. School districts with a lower refined at-
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0022| risk cluster number shall receive a lower value assignment;
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0023| school districts with a higher refined at-risk cluster number
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0024| shall receive a higher value assignment. The value assigned to
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0025| each district shall be the number used to calculate the at-risk
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0001| index."
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0002| Section 7. Section 22-8-25 NMSA 1978 (being Laws 1981,
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0003| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
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0004| Section 23 and also by Laws 1993, Chapter 231, Section 14) is
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0005| amended to read:
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0006| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION--
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0007| DEFINITIONS--DETERMINATION OF AMOUNT.--
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0008| A. The state equalization guarantee distribution is
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0009| that amount of money distributed to each school district to
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0010| ensure that the school district's operating revenue, including
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0011| its local and federal revenues as defined in this section, is
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0012| at least equal to the school district's program cost.
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0013| B. "Local revenue", as used in this section, means
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0014| ninety-five percent of receipts to the school district derived
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0015| from that amount produced by a school district property tax
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0016| applied at the rate of fifty cents ($.50) to each one thousand
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0017| dollars ($l,000) of net taxable value of property allocated to
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0018| the school district and to the assessed value of products
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0019| severed and sold in the school district as determined under the
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0020| Oil and Gas Ad Valorem Production Tax Act and upon the assessed
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0021| value of equipment in the school district as determined under
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0022| the Oil and Gas Production Equipment Ad Valorem Tax Act.
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0023| C. "Federal revenue", as used in this section,
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0024| means ninety-five percent of receipts to the school district,
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0025| excluding amounts which, if taken into account in the
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0001| computation of the state equalization guarantee distribution,
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0002| result, under federal law or regulations, in a reduction in or
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0003| elimination of federal school funding otherwise receivable by
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0004| the school district, derived from the following:
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0005| (l) the school district's share of forest
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0006| reserve funds distributed in accordance with Section 22-8-33
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0007| NMSA 1978; and
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0008| (2) grants from the federal government as
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0009| assistance to those areas affected by federal activity
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0010| authorized in accordance with Sections 236 through 240 of Title
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0011| 20 of the United States Code (commonly known as "PL 874 funds")
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0012| or an amount equal to the revenue the district was entitled to
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0013| receive if no application was made for such funds but deducting
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0014| from those grants the additional amounts to which school
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0015| districts would be entitled because of the provisions of
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0016| Subparagraph (D) of Paragraph (2) of Subsection (d) of Section
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0017| 238 of Title 20 of the United States Code.
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0018| D. To determine the amount of the state
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0019| equalization guarantee distribution, the state superintendent
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0020| shall:
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0021| (l) calculate the number of program units to
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0022| which each school district is entitled using the [membership
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of the fortieth day of the school year, except for school
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districts with a MEM of 200 or less where the number of program
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units shall be calculated on the fortieth day membership of
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either the prior year or the current year, whichever is
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greater, for all programs except special education, which shall
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be calculated by using the membership on December 1 of the
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school year] basic program membership of the fortieth day for
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0005| all programs; provided that special education program units
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0006| shall be calculated using the membership in special education
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0007| programs on December 1; or
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0008| (2) calculate the number of program units to
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0009| which a school district operating under an approved year-round
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0010| school calendar is entitled using the basic program
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0011| membership on an appropriate date established by the state
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0012| board; or
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0013| (3) calculate the number of program units to
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0014| which a school district with a basic program MEM of 200 or less
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0015| is entitled by using the basic program membership on the
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0016| fortieth day of either the prior or the current year, whichever
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0017| is greater; provided that special education program units shall
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0018| be calculated using the membership in special education
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0019| programs on December 1 of either the prior or the current year;
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0020| and
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0021| [(3)] (4) using the results of the
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0022| calculations in Paragraph (l), [or] (2) or (3) of this
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0023| subsection and the instructional staff training and experience
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0024| index from the October report of the prior school year,
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0025| establish a total program cost of the school district;
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0001| [(4)] (5) calculate the local and federal
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0002| revenues as defined in this section;
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0003| [(5)] (6) deduct the sum of the
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0004| calculations made in Paragraph [(4)] (5) of this subsection
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0005| from the program cost established in Paragraph [(3)] (4) of
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0006| this subsection; and
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0007| [(6)] (7) deduct the total amount of
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0008| guaranteed energy savings contract payments that the state
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0009| superintendent determines will be made to the school district
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0010| from the public school energy efficiency fund during the fiscal
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0011| year for which the state equalization guarantee distribution is
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0012| being computed.
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0013| E. The amount of the state equalization guarantee
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0014| distribution to which a school district is entitled is the
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0015| balance remaining after the deductions made in Paragraphs [(5)
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and] (6) and (7) of Subsection D of this section.
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0017| F. The state equalization guarantee distribution
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0018| shall be distributed prior to June 30 of each fiscal year. The
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0019| calculation shall be based on the local and federal revenues
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0020| specified in this section received from June l of the previous
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0021| fiscal year through May 31 of the fiscal year for which the
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0022| state equalization guarantee distribution is being computed.
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0023| In the event that a district has received more state
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0024| equalization guarantee funds than its entitlement, a refund
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0025| shall be made by the district to the state general fund.
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0001| G. Notwithstanding the methods of calculating the
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0002| state equalization guarantee distribution in this section and
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0003| Laws 1974, Chapter 8, Section 22, if a school district received
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0004| funds under Section 2391 of Title 42 USCA and if the federal
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0005| government takes into consideration grants authorized by
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0006| Sections 236 through 240 of Title 20 of the United States Code
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0007| and all other revenues available to the school district in
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0008| determining the level of federal support for the school
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0009| district for the sixty-fourth and succeeding fiscal years, the
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0010| state equalization guarantee distribution for school districts
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0011| receiving funds under this subsection shall be computed as
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0012| follows:
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0013| fiscal year program cost prior fiscal year
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0014| excluding special education state equalization
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0015| for the year for which the x guarantee
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0016| distribution
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0017| state equalization guarantee excluding special
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0018| distribution is being computed education
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0019| prior fiscal year program cost
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0020| excluding special education
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0021|
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0022| plus special education funding in accordance with Paragraphs
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0023| (1), [or] (2) [and] or (3) and (4) of Subsection D of
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0024| this section and Section 22-8-21 NMSA 1978 plus an amount that
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0025| would be produced by applying a rate of eight dollars forty-two
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0001| and one-half cents ($8.425) to each one thousand dollars
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0002| ($l,000) of net taxable value of property as defined in the
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0003| Property Tax Code for property taxation purposes in the school
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0004| district and to each one thousand dollars ($l,000) of the
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0005| assessed value of products severed and sold in the school
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0006| district as determined under the Oil and Gas Ad Valorem
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0007| Production Tax Act and upon the assessed value of equipment in
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0008| the school district as determined under the Oil and Gas
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0009| Production Equipment Ad Valorem Tax Act and then reduced by the
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0010| total amount of guaranteed energy savings contract payments, if
|
0011| any, that the state superintendent determines will be made to
|
0012| the school district from the public school energy efficiency
|
0013| fund during the fiscal year for which the state equalization
|
0014| guarantee distribution is being computed, equals the fiscal
|
0015| year state equalization guarantee distribution for the year for
|
0016| which the state equalization guarantee distribution is being
|
0017| computed.
|
0018| If at any time grants from the federal government as
|
0019| assistance to those areas affected by federal activity
|
0020| authorized in accordance with Sections 236 through 240 of Title
|
0021| 20 of the United States Code (commonly known as "PL 874 funds")
|
0022| are reduced or are no longer available, the state equalization
|
0023| guarantee distribution shall be computed by the formula
|
0024| contained in this subsection plus an increase by fifty percent
|
0025| of the amount the prior year's PL 874 funds exceed PL 874 funds
|
0001| for the year for which the state equalization guarantee
|
0002| distribution is being computed."
|
0003| Section 8. APPROPRIATION.--Fifty-five million dollars
|
0004| ($55,000,000) is appropriated from the general fund to the
|
0005| state equalization guarantee distribution for expenditure in
|
0006| fiscal year 1998 for the purpose of funding additional program
|
0007| units authorized by law. Any unexpended or unencumbered
|
0008| balance remaining at the end of fiscal year 1998 shall revert
|
0009| to the general fund.
|
0010| Section 9. APPROPRIATION.--Two million four hundred
|
0011| thousand dollars ($2,400,000) is appropriated from the general
|
0012| fund to the state department of public education for
|
0013| expenditure in fiscal year 1998 for the purpose of making
|
0014| additional distributions to those school districts receiving a
|
0015| reduced state equalization guarantee distribution as a result
|
0016| of the enactment of amendments to the Public School Finance Act
|
0017| by the first session of the forty-third legislature. Any
|
0018| unexpended or unencumbered balance remaining at the end of
|
0019| fiscal year 1998 shall revert to the general fund.
|
0020| Section 10. EFFECTIVE DATE.--The effective date of the
|
0021| provisions of this act is July 1, 1997.
|
0022|
|
0023| State of New Mexico
|
0024| House of Representatives
|
0025|
|
0001| FORTY-THIRD LEGISLATURE
|
0002| FIRST SESSION, 1997
|
0003|
|
0004|
|
0005| February 12, 1997
|
0006|
|
0007|
|
0008| Mr. Speaker:
|
0009|
|
0010| Your EDUCATION COMMITTEE, to whom has been referred
|
0011|
|
0012| HOUSE BILL 215
|
0013|
|
0014| has had it under consideration and reports same with
|
0015| recommendation that it DO NOT PASS, but that
|
0016|
|
0017| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0018| HOUSE BILL 215
|
0019|
|
0020| DO PASS, and thence referred to the APPROPRIATIONS AND
|
0021| FINANCE COMMITTEE.
|
0022|
|
0023| Respectfully submitted,
|
0024|
|
0025|
|
0001|
|
0002|
|
0003|
|
0004| Samuel F. Vigil, Chairman
|
0005|
|
0006|
|
0007| Adopted Not Adopted
|
0008|
|
0009| (Chief Clerk) (Chief Clerk)
|
0010|
|
0011| Date
|
0012|
|
0013| The roll call vote was 11 For 0 Against
|
0014| Yes: 11
|
0015| Excused: Garnenez, Nicely
|
0016| Absent: None
|
0017|
|
0018| G:\BILLTEXT\BILLW_97\H0215 HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0019|
|
0020|
|
0021| HOUSE BILL 215
|
0022| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0023|
|
0024|
|
0025|
|
0001|
|
0002|
|
0003|
|
0004|
|
0005| AN ACT
|
0006| RELATING TO EDUCATION; AMENDING AND ENACTING CERTAIN SECTIONS
|
0007| OF THE PUBLIC SCHOOL CODE AND THE PUBLIC SCHOOL FINANCE ACT TO
|
0008| ABOLISH CERTAIN SIZE ADJUSTMENT UNITS, TO PROVIDE FOR AT-RISK
|
0009| PROGRAM UNITS, TO REVISE SPECIAL EDUCATION INDICES AND TO
|
0010| ESTABLISH PROGRAM UNITS FOR SPECIAL EDUCATION ANCILLARY SERVICE
|
0011| PROGRAMS; MAKING AN APPROPRIATION.
|
0012|
|
0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0014| Section 1. Section 22-1-6 NMSA 1978 (being Laws 1989,
|
0015| Chapter 308, Section 1, as amended) is amended to read:
|
0016| "22-1-6. ANNUAL SCHOOL DISTRICT ACCOUNTABILITY REPORT
|
0017| REQUIRED.--
|
0018| A. Each school district shall be required to
|
0019| publish an annual school district accountability report to
|
0020| provide district-wide data for the previous school year. The
|
0021| school district shall send to the state superintendent the
|
0022| required data with the year-end reports prior to August 15 each
|
0023| year. The state superintendent shall compile the district
|
0024| reports data and send a draft compilation report to the
|
0025| districts by October 15 each year and send a final compilation
|
0001| state report to the governor and legislature prior to November
|
0002| 15 each year.
|
0003| B. The accountability report shall include a brief
|
0004| statement of the mission of the local school board, enrollment
|
0005| statistics, total expenditures per pupil for the school year,
|
0006| administrative expenditures per student for the school year,
|
0007| the average teacher salary, a summary of student scores on all
|
0008| state-mandated tests and college entrance exam scores,
|
0009| including the norm base year; a summary of services provided
|
0010| for students receiving services through the additional at-risk
|
0011| program units; the number of New Mexico scholars eligible for
|
0012| and receiving scholarships; the percentage of the graduating
|
0013| high school class applying for entrance into a four-year post-
|
0014| secondary institution; the percentage of seniors beginning the
|
0015| year who graduate; the percentage of ninth graders, plus any
|
0016| newcomers entering during grades nine through twelve, who
|
0017| graduate; the percentage of full-time-equivalent students
|
0018| participating in bilingual programs, chapter I programs,
|
0019| special education programs and other federally funded programs,
|
0020| with the percentage of the district budget attributable to each
|
0021| program; the percentage of the district budget utilized to
|
0022| employ certified teachers, administrators, support personnel
|
0023| and non-certified classified personnel; the number of students
|
0024| enrolled in advanced placement courses; a concise annual budget
|
0025| report, including revenue and expense data; budget funding
|
0001| sources; the student drop-out rate; continual student progress
|
0002| follow-up study; a statement of school district goals for the
|
0003| upcoming year; an invitation to all citizens to participate in
|
0004| school planning and school activities; and other data and
|
0005| information that clearly [communicates] communicate the
|
0006| activities and progress of the school district to the residents of
|
0007| that school district. The published accountability report shall
|
0008| compare district, state and national data whenever appropriate and
|
0009| shall include the rank of the school district among all of the
|
0010| school districts in the state, for all state-mandated tests and
|
0011| college exam scores, graduation percentages, drop-out rate, per-
|
0012| student administration expenditure, total per-student expenditure
|
0013| and average teacher salary data. The published report shall use
|
0014| tables and graphs to better communicate complex information and,
|
0015| using the ranking data, shall include a graphic representation of
|
0016| the school district's progress over the preceding three years.
|
0017| C. The annual accountability report shall also include
|
0018| the results of a survey of parents' views of the quality of their
|
0019| children's school. The survey shall be conducted each year in
|
0020| time to include the results in the annual accountability report.
|
0021| The survey shall compile the results of a written questionnaire
|
0022| that shall be sent home with the students to be given to their
|
0023| parents. The survey may be completed anonymously. The survey
|
0024| shall be no more than one page, shall be clearly and concisely
|
0025| written and shall include not more than twenty questions that
|
0001| shall be answered with options of a simple sliding scale ranging
|
0002| from "strongly agree" to "strongly disagree" and shall include the
|
0003| optional response "don't know". The survey shall also include a
|
0004| request for optional written comments, which may be written on the
|
0005| back of the questionnaire form. The questionnaire shall include
|
0006| questions in the following areas:
|
0007| (1) parent-teacher-school relationship and
|
0008| communication;
|
0009| (2) quality of educational and extracurricular
|
0010| programs;
|
0011| (3) instructional practices and techniques;
|
0012| (4) resources;
|
0013| (5) school personnel, including the school
|
0014| principal; and
|
0015| (6) parents' view of teaching staff expectations
|
0016| for the students.
|
0017| The state board shall develop no more than ten of the
|
0018| questions, which shall be reviewed by the legislative education
|
0019| study committee prior to implementation. No more than five
|
0020| questions shall be developed by the local school board and no more
|
0021| than five questions shall be developed by the staffs of each
|
0022| individual school site, provided that at least half of those
|
0023| questions are developed by teachers rather than administrators, in
|
0024| order to gather information that is specific to the particular
|
0025| community surveyed.
|
0001| D. The annual accountability report for each school
|
0002| district shall be published no later than November 15 of each year
|
0003| and shall be published at least once each school year in a
|
0004| newspaper of general circulation in the county where the district
|
0005| is located. In publication, the report shall be titled "the
|
0006| school district report card"."
|
0007| Section 2. Section 22-8-2 NMSA 1978 (being Laws 1978,
|
0008| Chapter 128, Section 3, as amended) is amended to read:
|
0009| "22-8-2. DEFINITIONS.--As used in the Public School Finance
|
0010| Act:
|
0011| A. "ADM" or "MEM" means membership;
|
0012| B. "membership" means the total enrollment of
|
0013| qualified students on the current roll of a class or school on a
|
0014| specified day. The current roll is established by the addition of
|
0015| original entries and reentries minus withdrawals. Withdrawals of
|
0016| students, in addition to students formally withdrawn from the
|
0017| public school, [includes] include students absent from the
|
0018| public school for as many as ten consecutive school days;
|
0019| C. "basic program ADM" or "basic program MEM" means
|
0020| the MEM of qualified students but excludes the full-time-
|
0021| equivalent MEM in early childhood education and three- and four-
|
0022| year old students receiving special education services;
|
0023| D. "cost differential factor" is the numerical
|
0024| expression of the ratio of the cost of a particular segment of the
|
0025| school program to the cost of the basic program in grades four
|
0001| through six;
|
0002| E. "department" or "division" means the state
|
0003| department of public education;
|
0004| F. "early childhood education ADM" or "early childhood
|
0005| education MEM" means the full-time-equivalent MEM of students
|
0006| attending approved early childhood education programs;
|
0007| G. "full-time-equivalent ADM" or "full-time-
|
0008| equivalent MEM" is that membership calculated by applying to the
|
0009| MEM in an approved public school program the ratio of the number
|
0010| of hours per school day devoted to the program to six hours or the
|
0011| number of hours per school week devoted to the program to thirty
|
0012| hours;
|
0013| H. "operating budget" means the annual financial plan
|
0014| required to be submitted by a local school board;
|
0015| I. "program cost" is the product of the total number
|
0016| of program units to which a school district is entitled multiplied
|
0017| by the dollar value per program unit established by the
|
0018| legislature;
|
0019| J. "program element" is that component of a public
|
0020| school system to which a cost differential factor is applied to
|
0021| determine the number of program units to which a school district
|
0022| is entitled, including but not limited to MEM, full-time-
|
0023| equivalent MEM, teacher, classroom or public school;
|
0024| K. "program unit" is the product of the program
|
0025| element multiplied by the applicable cost differential factor;
|
0001| L. "public money" or "public funds" means all money
|
0002| from public or private sources received by a local school board or
|
0003| officer or employee of a local school board for public use;
|
0004| M. "qualified student" means a public school student
|
0005| who:
|
0006| (1) has not graduated from high school;
|
0007| (2) is regularly enrolled in one-half or more of
|
0008| the minimum course requirements approved by the state board for
|
0009| public school students; and
|
0010| (3) is at least five years of age prior to 12:01
|
0011| a.m. on September 1 of the school year; or
|
0012| (4) is at least three years of age at any time
|
0013| during the school year and is receiving special education services
|
0014| pursuant to regulation of the state board; or
|
0015| (5) has not reached his twenty-second birthday
|
0016| on the first day of the school year and is receiving special
|
0017| education services pursuant to regulation of the state board; and
|
0018| N. "state superintendent" means the superintendent of
|
0019| public instruction or his designee."
|
0020| Section 3. Section 22-8-18 NMSA 1978 (being Laws 1974,
|
0021| Chapter 8, Section 8, as amended) is amended to read:
|
0022| "22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD
|
0023| RESPONSIBILITY.--
|
0024| A. The total program units for the purpose of
|
0025| computing the program cost shall be calculated by multiplying the
|
0001| sum of the program units itemized as Paragraphs (1) through (4) in
|
0002| this subsection by the instruction staff training and experience
|
0003| index and adding the program units itemized as Paragraphs (5)
|
0004| through [(7)] (8) in this subsection. The itemized program
|
0005| units are as follows:
|
0006| (1) early childhood education;
|
0007| (2) basic education;
|
0008| (3) special education, adjusted by subtracting
|
0009| the units derived from [class D special education MEM]
|
0010| membership in class D special education programs in private,
|
0011| nonsectarian, nonprofit training centers;
|
0012| (4) bilingual multicultural education;
|
0013| (5) size adjustment;
|
0014| (6) at-risk program;
|
0015| [(6)] (7) enrollment growth or new district
|
0016| adjustment; and
|
0017| [(7)] (8) special education units derived
|
0018| from [class D special education MEM] membership in class D
|
0019| special education programs in private, nonsectarian, nonprofit
|
0020| training centers.
|
0021| B. The total program cost calculated as prescribed in
|
0022| Subsection A of this section includes the cost of early childhood,
|
0023| special, bilingual multicultural and vocational education and
|
0024| other remedial or enrichment programs. It is the responsibility
|
0025| of the local school board to determine its priorities in terms of
|
0001| the needs of the community served by that board. Funds generated
|
0002| under the Public School Finance Act are discretionary to local
|
0003| school boards, provided that the special program needs as
|
0004| enumerated in this section are met."
|
0005| Section 4. Section 22-8-19 NMSA 1978 (being Laws 1974,
|
0006| Chapter 8, Section 9, as amended) is amended to read:
|
0007| "22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.--
|
0008| A. The number of early childhood education program
|
0009| units is determined by multiplying the early childhood education
|
0010| MEM by the cost differential factor 1.44. No early childhood
|
0011| education student shall be counted for more than 0.5 early
|
0012| childhood education MEM.
|
0013| B. For the purpose of calculating early childhood
|
0014| education program units, developmentally disabled three- and four-
|
0015| year-old students shall be counted in early childhood education
|
0016| membership. No developmentally disabled three- or four-year old
|
0017| student shall be counted for more than 0.5 early childhood
|
0018| education MEM."
|
0019| Section 5. Section 22-8-21 NMSA 1978 (being Laws 1974,
|
0020| Chapter 8, Section 11, as amended by Laws 1992, Chapter 75,
|
0021| Section 1 and also by Laws 1992, Chapter 84, Section 1) is amended
|
0022| to read:
|
0023| "22-8-21. SPECIAL EDUCATION PROGRAM UNITS.--
|
0024| A. For the purpose of the Public School Finance Act,
|
0025| special education programs for exceptional children are those
|
0001| approved by the department and classified as follows:
|
0002| (1) class A programs, in which department
|
0003| certified individuals provide services to children whose
|
0004| individualized education programs require a minimal amount of
|
0005| special education and in which the ratio of students to
|
0006| professionals is regulated by the state board;
|
0007| (2) class B programs, in which department
|
0008| certified individuals provide services to children whose
|
0009| individualized education programs require a moderate amount of
|
0010| special education and in which the ratio of students to
|
0011| professionals is regulated by the state board;
|
0012| (3) class C programs, in which department
|
0013| certified individuals provide services to children whose
|
0014| individualized education programs require an extensive amount of
|
0015| special education and in which the ratio of students to
|
0016| professionals is regulated by the state board;
|
0017| (4) class D programs, in which department
|
0018| certified individuals provide services to children whose
|
0019| individualized education programs require a maximum amount of
|
0020| special education and in which the ratio of students to
|
0021| professionals is regulated by the state board. Students in class
|
0022| D programs may be enrolled in private, nonsectarian, nonprofit
|
0023| educational training centers in accordance with the provisions of
|
0024| Section 22-13-8 NMSA 1978; and
|
0025| (5) programs for developmentally disabled three-
|
0001| and four-year-old children meeting standards approved by the state
|
0002| board.
|
0003| B. All students assigned to the programs for
|
0004| exceptional children classified in Subsection A of this section
|
0005| shall have been so assigned as a result of diagnosis and
|
0006| evaluation performed in accordance with the standards of the
|
0007| department before the students may be counted in the determination
|
0008| of special education program units as provided in Subsection C of
|
0009| this section.
|
0010| C. The number of special education program units is
|
0011| the sum of the following:
|
0012| (1) [for class A and class B programs as
|
defined in Subsection A of this section, the product of the number
|
of approved class A and class B programs requested by the local
|
school board and certified by the department multiplied by the
|
cost differential factor 20] the MEM in approved class A and B
|
0017| programs as defined in Subsection A of this section multiplied by
|
0018| the cost differential factor .7;
|
0019| (2) the [special education] MEM in approved
|
0020| class C programs as defined in Subsection A of this section
|
0021| multiplied by the cost differential factor [1.9] 1.0;
|
0022| (3) the [special education] MEM in approved
|
0023| class D programs as defined in Subsection A of this section
|
0024| multiplied by the cost differential factor [3.5; and] 2.0;
|
0025| (4) the [special education] MEM for
|
0001| developmentally disabled three- and four-year-old children as
|
0002| defined in [Paragraph (5) of] Subsection A of this section
|
0003| multiplied by the cost differential factor [3.5] 2.0; provided
|
0004| that no developmentally disabled three- or four-year-old student
|
0005| shall be counted for additional ancillary service units; and
|
0006| (5) for related services ancillary to providing
|
0007| special education, the number of full-time-equivalent certified or
|
0008| licensed ancillary service and diagnostic service personnel
|
0009| multiplied by the cost differential factor 25.0.
|
0010| D. For the purpose of calculating membership in class
|
0011| C and class D programs, students shall be counted in actual grade
|
0012| placement or according to chronological age if not in actual grade
|
0013| placement."
|
0014| Section 6. Section 22-8-23 NMSA 1978 (being Laws 1975,
|
0015| Chapter 119, Section 1, as amended) is amended to read:
|
0016| "22-8-23. SIZE ADJUSTMENT PROGRAM UNITS.--
|
0017| A. An approved public school with a MEM of less
|
0018| than 400, including early childhood education full-time-equivalent
|
0019| MEM but excluding [special education class C and class D MEM]
|
0020| membership in class C and class D programs and excluding full-
|
0021| time- equivalent membership in three- and four-year-old
|
0022| developmentally disabled programs, is eligible for additional
|
0023| program units. Separate schools established to provide special
|
0024| programs, including but not limited to vocational and alternative
|
0025| education, shall not be classified as public schools for purposes
|
0001| of generating size adjustment program units. The number of
|
0002| additional program units to which a school district is entitled
|
0003| under this subsection is the sum of elementary-junior high units
|
0004| and senior high units computed in the following manner:
|
0005| Elementary-Junior High Units
|
0006| 200 - MEM x 1.0 x MEM = Units
|
0007| 200
|
0008| where MEM is equal to the membership of an approved elementary or
|
0009| junior high school, including early childhood education full-time-
|
0010| equivalent membership but excluding [special education class C
|
and class D membership] membership in class C and class D
|
0012| programs and excluding full-time-equivalent membership in three-
|
0013| and four-year-old developmentally disabled programs;
|
0014| Senior High Units
|
0015| 200 - MEM x 2.0 x MEM = Units
|
0016| 200
|
0017| or,
|
0018| Senior High Units
|
0019| 400 - MEM x 1.6 x MEM = Units
|
0020| 400
|
0021| whichever calculation for senior high units is higher, where
|
0022| MEM is equal to the membership of an approved senior high
|
0023| school excluding [special education class C and class D
|
membership] membership in class C and class D programs.
|
0025| B. A school district with total MEM of less than
|
0001| 4,000, including early childhood education full-time-equivalent
|
0002| MEM [and special education MEM], is eligible for additional
|
0003| program units. The number of additional program units to which a
|
0004| district is entitled under this subsection is the number of
|
0005| district units computed in the following manner:
|
0006| District Units
|
0007| 4000 - MEM x 0.15 x MEM = Units
|
0008| 4000
|
0009| where MEM is equal to the total district membership,
|
0010| including early childhood education full-time-equivalent
|
0011| membership [and special education membership].
|
0012| C. A school district with over 10,000 MEM with a ratio
|
0013| of MEM to senior high schools less than 4,000:1 is eligible for
|
0014| additional program units based on the number of approved regular
|
0015| senior high schools that are not eligible for senior high units
|
0016| under Subsection A of this section. The number of additional
|
0017| program units to which an eligible school district is entitled
|
0018| under this subsection is the number of units computed in the
|
0019| following manner:
|
0020| 4000 - MEM x 0.50 = Units
|
0021| Senior High Schools
|
0022| where MEM is equal to the total district membership, including
|
0023| early childhood education full-time-equivalent membership [and
|
special education membership], and where senior high schools are
|
0025| equal to the number of approved regular senior high schools in the
|
0001| district.
|
0002| [D. A school district with a total MEM of greater
|
than ten thousand but less than fifteen thousand, including early
|
childhood education full-time equivalent MEM and special education
|
MEM, is eligible for additional program units. The number of
|
additional program units to which an eligible district is entitled
|
under this subsection is the number of units computed in the
|
following manner:
|
MEM - 10,000 x .l5 x MEM = Units
|
10,000
|
where MEM is equal to the total district membership, including
|
early childhood education full-time equivalent membership and
|
special education membership.
|
E. A school district with a total MEM of
|
greater than fifteen thousand but less than thirty-five thousand,
|
including early childhood education full-time equivalent MEM and
|
special education MEM, is eligible for additional program units.
|
The number of additional program units to which an eligible
|
district is entitled under this subsection is the number of units
|
computed in the following manner:
|
MEM - 15,000 x .l5 x MEM = Units
|
15,000
|
where MEM is equal to the total district membership, including
|
early childhood education full-time equivalent membership and
|
special education membership.
|
F. A school district with a total MEM of greater
|
than thirty-five thousand, including early childhood education
|
full-time equivalent MEM and special education MEM, is eligible
|
for additional program units. The number of additional program
|
units to which an eligible district is entitled under this
|
subsection is the number of units computed in the following
|
manner:
|
MEM - 35,000 x .023 x MEM = Units
|
35,000
|
where MEM is equal to the total district membership, including
|
early childhood education full-time equivalent membership and
|
special education membership.]"
|
0013| Section 7. A new section of the Public School Finance Act,
|
0014| Section 22-8-23.3 NMSA 1978, is enacted to read:
|
0015| "22-8-23.3. [NEW MATERIAL] AT-RISK PROGRAM UNITS.--
|
0016| A. A school district is eligible for additional
|
0017| program units if it establishes within its state-board-approved
|
0018| educational plan identified services to assist students to reach
|
0019| their full academic potential. A school district receiving
|
0020| additional at-risk program units shall include a report of
|
0021| specified services in its annual accountability report pursuant to
|
0022| Section 22-1-6 NMSA 1978. The number of additional units to which
|
0023| a district is entitled under this section is computed in the
|
0024| following manner:
|
0025| At-Risk Index x MEM = Units
|
0001| where MEM is equal to the total district membership, including
|
0002| early childhood education, full-time-equivalent membership and
|
0003| special education membership, and where the at-risk index is
|
0004| calculated in the following manner:
|
0005| Refined At-Risk Cluster x 0.015 = At-Risk Index.
|
0006| B. To calculate the refined at-risk cluster, the
|
0007| department shall rank order each school district in the state on
|
0008| the basis of the district's percentage of membership used to
|
0009| determine its Title I allocation, the percentage of membership
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0010| classified as limited English proficient using criteria
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0011| established by the federal office of civil rights, the percentage
|
0012| of student mobility and the percentage of dropouts in the school
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0013| district. Using this data, the department shall initially group
|
0014| districts into nine clusters using a neutral network computer
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0015| analysis. Each school district shall be assigned a whole number
|
0016| from one to nine reflecting its initial cluster assignment, with
|
0017| higher need districts receiving a higher number and lower need
|
0018| districts receiving a lower number. This number shall be modified
|
0019| on the basis of a school district's relative position in the
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0020| cluster and further refined through the use of a second neutral
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0021| network computer analysis, a back propagation. Using the results
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0022| of this analysis, the department shall refine the cluster
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0023| assignment and the number assigned to each school district. The
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0024| number obtained from this calculation is the refined at-risk
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0025| cluster.
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0001| C. The department shall recalculate the at-risk index
|
0002| for each school district every two years."
|
0003| Section 8. Section 22-8-25 NMSA 1978 (being Laws 1981,
|
0004| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
|
0005| Section 23 and also by Laws 1993, Chapter 231, Section 14) is
|
0006| amended to read:
|
0007| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION--
|
0008| DEFINITIONS--DETERMINATION OF AMOUNT.--
|
0009| A. The state equalization guarantee distribution is
|
0010| that amount of money distributed to each school district to ensure
|
0011| that the school district's operating revenue, including its local
|
0012| and federal revenues as defined in this section, is at least equal
|
0013| to the school district's program cost.
|
0014| B. "Local revenue", as used in this section, means
|
0015| ninety-five percent of receipts to the school district derived
|
0016| from that amount produced by a school district property tax
|
0017| applied at the rate of fifty cents ($.50) to each one thousand
|
0018| dollars ($1,000) of net taxable value of property allocated to the
|
0019| school district and to the assessed value of products severed and
|
0020| sold in the school district as determined under the Oil and Gas Ad
|
0021| Valorem Production Tax Act and upon the assessed value of
|
0022| equipment in the school district as determined under the Oil and
|
0023| Gas Production Equipment Ad Valorem Tax Act.
|
0024| C. "Federal revenue", as used in this section, means
|
0025| ninety-five percent of receipts to the school district, excluding
|
0001| amounts which, if taken into account in the computation of the
|
0002| state equalization guarantee distribution, result, under federal
|
0003| law or regulations, in a reduction in or elimination of federal
|
0004| school funding otherwise receivable by the school district,
|
0005| derived from the following:
|
0006| (1) the school district's share of forest
|
0007| reserve funds distributed in accordance with Section 22-8-33 NMSA
|
0008| 1978; and
|
0009| (2) grants from the federal government as
|
0010| assistance to those areas affected by federal activity authorized
|
0011| in accordance with Sections 236 through 240 of Title 20 of the
|
0012| United States Code (commonly known as "PL 874 funds") or an amount
|
0013| equal to the revenue the district was entitled to receive if no
|
0014| application was made for such funds but deducting from those
|
0015| grants the additional amounts to which school districts would be
|
0016| entitled because of the provisions of Subparagraph (D) of
|
0017| Paragraph (2) of Subsection (d) of Section 238 of Title 20 of the
|
0018| United States Code.
|
0019| D. To determine the amount of the state equalization
|
0020| guarantee distribution, the state superintendent shall:
|
0021| (1) calculate the number of program units to
|
0022| which each school district is entitled using the [membership of
|
the fortieth day of the school year, except for school districts
|
with a MEM of 200 or less where the number of program units shall
|
be calculated on the fortieth day membership of either the prior
|
year or the current year, whichever is greater, for all programs
|
except special education, which shall be calculated by using the
|
membership on December 1 of the school year] basic program
|
0004| membership of the fortieth day for all programs; provided that
|
0005| special education program units shall be calculated using the
|
0006| membership in special education programs on December 1; or
|
0007| (2) calculate the number of program units to
|
0008| which a school district operating under an approved year-round
|
0009| school calendar is entitled using the basic program membership
|
0010| on an appropriate date established by the state board; or
|
0011| (3) calculate the number of program units to
|
0012| which a school district with a basic program MEM of 200 or less is
|
0013| entitled by using the basic program membership on the fortieth day
|
0014| of either the prior or the current year, whichever is greater;
|
0015| provided that special education program units shall be calculated
|
0016| using the membership in special education programs on December 1
|
0017| of either the prior or the current year; and
|
0018| [(3)] (4) using the results of the
|
0019| calculations in Paragraph (1), [or] (2) or (3) of this
|
0020| subsection and the instructional staff training and experience
|
0021| index from the October report of the prior school year, establish
|
0022| a total program cost of the school district;
|
0023| [(4)] (5) calculate the local and federal
|
0024| revenues as defined in this section;
|
0025| [(5)] (6) deduct the sum of the calculations
|
0001| made in Paragraph [(4)] (5) of this subsection from the
|
0002| program cost established in Paragraph [(3)] (4) of this
|
0003| subsection; and
|
0004| [(6)] (7) deduct the total amount of
|
0005| guaranteed energy savings contract payments that the state
|
0006| superintendent determines will be made to the school district from
|
0007| the public school energy efficiency fund during the fiscal year
|
0008| for which the state equalization guarantee distribution is being
|
0009| computed.
|
0010| E. The amount of the state equalization guarantee
|
0011| distribution to which a school district is entitled is the balance
|
0012| remaining after the deductions made in Paragraphs [(5) and] (6)
|
0013| and (7) of Subsection D of this section.
|
0014| F. The state equalization guarantee distribution shall
|
0015| be distributed prior to June 30 of each fiscal year. The
|
0016| calculation shall be based on the local and federal revenues
|
0017| specified in this section received from June 1 of the previous
|
0018| fiscal year through May 31 of the fiscal year for which the state
|
0019| equalization guarantee distribution is being computed. In the
|
0020| event that a district has received more state equalization
|
0021| guarantee funds than its entitlement, a refund shall be made by
|
0022| the district to the state general fund.
|
0023| G. Notwithstanding the methods of calculating the
|
0024| state equalization guarantee distribution in this section and Laws
|
0025| 1974, Chapter 8, Section 22, if a school district received funds
|
0001| under Section 2391 of Title 42 USCA and if the federal government
|
0002| takes into consideration grants authorized by Sections 236 through
|
0003| 240 of Title 20 of the United States Code and all other revenues
|
0004| available to the school district in determining the level of
|
0005| federal support for the school district for the sixty-fourth and
|
0006| succeeding fiscal years, the state equalization guarantee
|
0007| distribution for school districts receiving funds under this
|
0008| subsection shall be computed as follows:
|
0009| fiscal year program cost prior fiscal year
|
0010| excluding special education state equalization
|
0011| for the year for which the x guarantee distribution
|
0012| state equalization guarantee excluding special
|
0013| distribution is being computed education
|
0014| prior fiscal year program cost
|
0015| excluding special education
|
0016| plus special education funding in accordance with Paragraphs (1),
|
0017| [or] (2) [and] or (3) and (4) of Subsection D of this
|
0018| section and Section 22-8-21 NMSA 1978 plus an amount that would be
|
0019| produced by applying a rate of eight dollars forty-two and one-
|
0020| half cents ($8.425) to each one thousand dollars ($1,000) of net
|
0021| taxable value of property as defined in the Property Tax Code for
|
0022| property taxation purposes in the school district and to each one
|
0023| thousand dollars ($1,000) of the assessed value of products
|
0024| severed and sold in the school district as determined under the
|
0025| Oil and Gas Ad Valorem Production Tax Act and upon the assessed
|
0001| value of equipment in the school district as determined under the
|
0002| Oil and Gas Production Equipment Ad Valorem Tax Act and then
|
0003| reduced by the total amount of guaranteed energy savings contract
|
0004| payments, if any, that the state superintendent determines will be
|
0005| made to the school district from the public school energy
|
0006| efficiency fund during the fiscal year for which the state
|
0007| equalization guarantee distribution is being computed, equals the
|
0008| fiscal year state equalization guarantee distribution for the year
|
0009| for which the state equalization guarantee distribution is being
|
0010| computed.
|
0011| If at any time grants from the federal government as
|
0012| assistance to those areas affected by federal activity authorized
|
0013| in accordance with Sections 236 through 240 of Title 20 of the
|
0014| United States Code (commonly known as "PL 874 funds") are reduced
|
0015| or are no longer available, the state equalization guarantee
|
0016| distribution shall be computed by the formula contained in this
|
0017| subsection plus an increase by fifty percent of the amount the
|
0018| prior year's PL 874 funds exceed PL 874 funds for the year for
|
0019| which the state equalization guarantee distribution is being
|
0020| computed."
|
0021| Section 9. TEMPORARY PROVISION.--In the event that the
|
0022| program units of Section 22-8-18 NMSA 1978 as amended by this act
|
0023| are not fully funded, no school district shall receive less than
|
0024| its previous year's total program cost due to the change in the
|
0025| program cost calculation with the program cost adjusted for the
|
0001| establishment of a high school in Rio Rancho.
|
0002| Section 10. APPROPRIATION.--Fifty-eight million seven
|
0003| hundred thousand dollars ($58,700,000) is appropriated from the
|
0004| general fund to the state equalization guarantee distribution for
|
0005| expenditure in fiscal year 1998 for the purpose of funding
|
0006| additional program units authorized by law. Any unexpended or
|
0007| unencumbered balance remaining at the end of fiscal year 1998
|
0008| shall revert to the general fund.
|
0009| Section 11. EFFECTIVE DATE.--The effective date of the
|
0010| provisions of this act is July 1, 1997.
|
0011| State of New Mexico
|
0012| House of Representatives
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997
|
0016|
|
0017|
|
0018| March 13, 1997
|
0019|
|
0020|
|
0021| Mr. Speaker:
|
0022|
|
0023| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom
|
0024| has been referred
|
0025|
|
0001| HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0002| HOUSE BILL 215
|
0003|
|
0004| has had it under consideration and reports same with
|
0005| recommendation that it DO PASS, amended as follows:
|
0006|
|
0007| 1. On page 1, line 16, strike "; MAKING AN
|
0008| APPROPRIATION".
|
0009|
|
0010| 2. On page 17, line 11, strike "neutral" and insert in lieu
|
0011| thereof "neural".
|
0012|
|
0013| 3. On page 17, line 17, strike "neutral" and insert in lieu
|
0014| thereof "neural".
|
0015|
|
0016| 4. On page 23, strike Section 10 in its entirety.
|
0017|
|
0018| 5. Renumber succeeding section accordingly.
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024|
|
0025| Max Coll, Chairman
|
0001|
|
0002|
|
0003| Adopted Not Adopted
|
0004|
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007| Date
|
0008|
|
0009| The roll call vote was 13 For 3 Against
|
0010| Yes: 13
|
0011| No: Bird, Coll, Pearce
|
0012| Excused: Saavedra
|
0013| Absent: None
|
0014|
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0015|
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0016|
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0017| G:\BILLTEXT\BILLW_97\H0215
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