0001| HOUSE BILL 903 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JUDY VANDERSTAR RUSSELL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; AMENDING CERTAIN SECTIONS OF THE PUBLIC | 0012| SCHOOL FINANCE ACT TO ALLOW CERTAIN SCHOOL DISTRICTS TO | 0013| CALCULATE THE TRAINING AND EXPERIENCE INDEX USING THE OCTOBER | 0014| PAYROLL OF THE YEAR IN WHICH GRADE LEVELS ARE ADDED. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 22-8-24 NMSA 1978 (being Laws 1974, | 0018| Chapter 8, Section 15, as amended by Laws 1993, Chapter 91, | 0019| Section 1 and also by Laws 1993, Chapter 237, Section 3) is | 0020| amended to read: | 0021| "22-8-24. INSTRUCTIONAL STAFF TRAINING AND EXPERIENCE | 0022| INDEX--DEFINITIONS--FACTORS--CALCULATIONS.-- | 0023| A. For the purpose of calculating the instructional | 0024| staff training and experience index, the following definitions | 0025| and limitations shall apply: | 0001| (1) "instructional staff" means the personnel | 0002| assigned to the instructional program of the school district, | 0003| excluding principals, substitute teachers, instructional aides, | 0004| secretaries and clerks; | 0005| (2) the number of instructional staff to be | 0006| counted in calculating the instructional staff training and | 0007| experience index is the actual number of full-time equivalent | 0008| instructional staff on the October payroll; | 0009| (3) the number of years of experience to be | 0010| used in calculating the instructional staff training and | 0011| experience index is that number of years of experience allowed | 0012| for salary increment purposes on the salary schedule of the | 0013| school district; and | 0014| (4) the academic degree and additional credit | 0015| hours to be used in calculating the instructional staff | 0016| training and experience index is the degree and additional | 0017| semester credit hours allowed for salary increment purposes on | 0018| the salary schedule of the school district. | 0019| B. The factors for each classification of academic | 0020| training by years of experience are provided in the following | 0021| table: | 0022| Years of Experience | 0023| Academic | 0024| Classification 0 - 2 3 - 5 6 - 8 9 - 15 Over 15 | 0025| Bachelor's degree | 0001| or less .75 .90 1.00 1.05 1.05 | 0002| Bachelor's degree plus | 0003| 15 credit hours .80 .95 1.00 1.10 1.15 | 0004| Master's degree or | 0005| bachelor's degree | 0006| plus 45 credit | 0007| hours .85 1.00 1.05 1.15 1.20 | 0008| Master's degree plus | 0009| 15 credit hours .90 1.05 1.15 1.30 1.35 | 0010| Post-master's degree | 0011| or master's degree | 0012| plus 45 credit | 0013| hours 1.00 1.15 1.30 1.40 1.50. | 0014| C. The instructional staff training and experience | 0015| index for each school district shall be calculated in | 0016| accordance with instructions issued by the state | 0017| superintendent. The following calculations shall be computed: | 0018| (1) multiply the number of full-time | 0019| equivalent instructional staff in each academic classification | 0020| by the numerical factor in the appropriate "years of | 0021| experience" column provided in the table in Subsection B of | 0022| this section; | 0023| (2) add the products calculated in Paragraph | 0024| (1) of this subsection; and | 0025| (3) divide the total obtained in Paragraph | 0001| (2) of this subsection by the total number of full-time | 0002| equivalent instructional staff. | 0003| D. In the event that the result of the calculation | 0004| of the training and experience index is 1.0 or less, the | 0005| district's factor shall be no less than 1.0. | 0006| E. In the event that a new school district is | 0007| created, the training and experience index for that district | 0008| is 1.12. | 0009| F. In the event that additional grade levels are | 0010| authorized by the state superintendent for a school district, | 0011| the training and experience index for the school district | 0012| shall be calculated to include instructional staff added for | 0013| the additional grade levels in the October payroll of the year | 0014| in which the grade levels are added." | 0015| Section 2. Section 22-8-25 NMSA 1978 (being Laws 1981, | 0016| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226, | 0017| Section 23 and also by Laws 1993, Chapter 231, Section 14) is | 0018| amended to read: | 0019| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION-- | 0020| DEFINITIONS--DETERMINATION OF AMOUNT.-- | 0021| A. The state equalization guarantee distribution | 0022| is that amount of money distributed to each school district to | 0023| ensure that the school district's operating revenue, including | 0024| its local and federal revenues as defined in this section, is | 0025| at least equal to the school district's program cost. | 0001| B. "Local revenue", as used in this section, means | 0002| ninety-five percent of receipts to the school district derived | 0003| from that amount produced by a school district property tax | 0004| applied at the rate of fifty cents ($.50) to each one thousand | 0005| dollars ($l,000) of net taxable value of property allocated to | 0006| the school district and to the assessed value of products | 0007| severed and sold in the school district as determined under | 0008| the Oil and Gas Ad Valorem Production Tax Act and upon the | 0009| assessed value of equipment in the school district as | 0010| determined under the Oil and Gas Production Equipment Ad | 0011| Valorem Tax Act. | 0012| C. "Federal revenue", as used in this section, | 0013| means ninety-five percent of receipts to the school district, | 0014| excluding amounts [which] that, if taken into account in | 0015| the computation of the state equalization guarantee | 0016| distribution, result, under federal law or regulations, in a | 0017| reduction in or elimination of federal school funding | 0018| otherwise receivable by the school district, derived from the | 0019| following: | 0020| (l) the school district's share of forest | 0021| reserve funds distributed in accordance with Section 22-8-33 | 0022| NMSA 1978; and | 0023| (2) grants from the federal government as | 0024| assistance to those areas affected by federal activity | 0025| authorized in accordance with Sections 236 through 240 of | 0001| Title 20 of the United States Code (commonly known as "PL 874 | 0002| funds") or an amount equal to the revenue the district was | 0003| entitled to receive if no application was made for such funds | 0004| but deducting from those grants the additional amounts to | 0005| which school districts would be entitled because of the | 0006| provisions of Subparagraph (D) of Paragraph (2) of Subsection | 0007| (d) of Section 238 of Title 20 of the United States Code. | 0008| D. To determine the amount of the state | 0009| equalization guarantee distribution, the state superintendent | 0010| shall: | 0011| (l) calculate the number of program units to | 0012| which each school district is entitled using the membership of | 0013| the fortieth day of the school year, except for school | 0014| districts with a MEM of 200 or less where the number of | 0015| program units shall be calculated on the fortieth day | 0016| membership of either the prior year or the current year, | 0017| whichever is greater, for all programs except special | 0018| education, which shall be calculated by using the membership | 0019| on December 1 of the school year; or | 0020| (2) calculate the number of program units to | 0021| which a school district operating under an approved year-round | 0022| school calendar is entitled using the membership on an | 0023| appropriate date established by the state board; | 0024| (3) using the results of the calculations in | 0025| Paragraph (l) or (2) of this subsection and the instructional | 0001| staff training and experience index from the October report of | 0002| the prior school year establish a total program cost of the | 0003| school district provided that, in the event additional grade | 0004| levels are authorized by the state superintendent for a school | 0005| district, that portion of the training and experience index | 0006| reflecting instructional staff for the additional grade levels | 0007| shall be calculated from the October payroll of the current | 0008| year; | 0009| (4) calculate the local and federal revenues | 0010| as defined in this section; | 0011| (5) deduct the sum of the calculations made | 0012| in Paragraph (4) of this subsection from the program cost | 0013| established in Paragraph (3) of this subsection; and | 0014| (6) deduct the total amount of guaranteed | 0015| energy savings contract payments that the state superintendent | 0016| determines will be made to the school district from the public | 0017| school energy efficiency fund during the fiscal year for which | 0018| the state equalization guarantee distribution is being | 0019| computed. | 0020| E. The amount of the state equalization guarantee | 0021| distribution to which a school district is entitled is the | 0022| balance remaining after the deductions made in Paragraphs (5) | 0023| and (6) of Subsection D of this section. | 0024| F. The state equalization guarantee distribution | 0025| shall be distributed prior to June 30 of each fiscal year. | 0001| The calculation shall be based on the local and federal | 0002| revenues specified in this section received from June l of the | 0003| previous fiscal year through May 31 of the fiscal year for | 0004| which the state equalization guarantee distribution is being | 0005| computed. In the event that a district has received more | 0006| state equalization guarantee funds than its entitlement, a | 0007| refund shall be made by the district to the state general | 0008| fund. | 0009| G. Notwithstanding the methods of calculating the | 0010| state equalization guarantee distribution in this section and | 0011| Laws 1974, Chapter 8, Section 22, if a school district | 0012| received funds under Section 2391 of Title 42 U.S.C.A. and if | 0013| the federal government takes into consideration grants | 0014| authorized by Sections 236 through 240 of Title 20 of the | 0015| United States Code and all other revenues available to the | 0016| school district in determining the level of federal support | 0017| for the school district for the sixty-fourth and succeeding | 0018| fiscal years, the state equalization guarantee distribution | 0019| for school districts receiving funds under this subsection | 0020| shall be computed as follows: | 0021| fiscal year program cost prior fiscal year | 0022| excluding special education state equalization | 0023| for the year for which the x guarantee distribution | 0024| state equalization guarantee excluding special | 0025| distribution is being computed education | 0001| prior fiscal year program cost | 0002| excluding special education | 0003| plus special education funding in accordance with Paragraphs (1) | 0004| or (2) and (3) of Subsection D of this section and Section 22-8- | 0005| 21 NMSA 1978 plus an amount that would be produced by applying a | 0006| rate of eight dollars forty-two and one-half cents ($8.425) to | 0007| each one thousand dollars ($l,000) of net taxable value of | 0008| property as defined in the Property Tax Code for property | 0009| taxation purposes in the school district and to each one thousand | 0010| dollars ($l,000) of the assessed value of products severed and | 0011| sold in the school district as determined under the Oil and Gas | 0012| Ad Valorem Production Tax Act and upon the assessed value of | 0013| equipment in the school district as determined under the Oil and | 0014| Gas Production Equipment Ad Valorem Tax Act and then reduced by | 0015| the total amount of guaranteed energy savings contract payments, | 0016| if any, that the state superintendent determines will be made to | 0017| the school district from the public school energy efficiency fund | 0018| during the fiscal year for which the state equalization guarantee | 0019| distribution is being computed, equals the fiscal year state | 0020| equalization guarantee distribution for the year for which the | 0021| state equalization guarantee distribution is being computed. | 0022| If at any time grants from the federal government as | 0023| assistance to those areas affected by federal activity authorized | 0024| in accordance with Sections 236 through 240 of Title 20 of the | 0025| United States Code (commonly known as "PL 874 funds") are reduced | 0001| or are no longer available, the state equalization guarantee | 0002| distribution shall be computed by the formula contained in this | 0003| subsection plus an increase by fifty percent of the amount the | 0004| prior year's PL 874 funds exceed PL 874 funds for the year for | 0005| which the state equalization guarantee distribution is being | 0006| computed." | 0007| Section 3. EFFECTIVE DATE.--The effective date of the | 0008| provisions of this act is July 1, 1997. | 0009|  |