0001| HOUSE BILL 1141
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EARLENE ROBERTS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOL FINANCE; AMENDING AND ENACTING
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0012| SECTIONS OF THE NMSA 1978 PERTAINING TO THE DISTRIBUTION OF
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0013| EDUCATIONAL FUNDS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 22-8-18 NMSA 1978 (being Laws 1974,
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0017| Chapter 8, Section 8, as amended) is amended to read:
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0018| "22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD
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0019| RESPONSIBILITY. [A.] The total program units for the purpose
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0020| of computing the program cost shall be calculated by
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0021| multiplying the sum of the program units itemized as
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0022| [Paragraphs (1) through (4)] Subsections A through D in
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0023| this [subsection] section by the instruction staff training
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0024| and experience index and adding the program units itemized as
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0025| [Paragraphs (5) through (7)] Subsections F and G in this
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0001| [subsection] section. The itemized program units are as
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0002| follows:
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0003| [(1)] A. early childhood education;
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0004| [(2)] B. basic education;
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0005| [(3)] C. special education, adjusted by
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0006| subtracting the units derived from class D special education
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0007| MEM in private, nonsectarian, nonprofit training centers;
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0008| D. vocational education;
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0009| [(4)] E. bilingual multicultural education;
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0010| [(5)] F. size adjustment;
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0011| [(6) enrollment growth or new district
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adjustment;] and
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0013| [(7)] G. special education units derived from
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0014| class D special education MEM in private, nonsectarian,
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0015| nonprofit training centers.
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0016| [B. The total program cost calculated as
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prescribed in Subsection A of this section includes the cost of
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early childhood, special, bilingual multicultural and
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vocational education and other remedial or enrichment programs.
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It is the responsibility of the local school board to determine
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its priorities in terms of the needs of the community served by
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that board. Funds generated under the Public School Finance
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Act are discretionary to local school boards, provided that the
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special program needs as enumerated in this section are met.]"
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0025| Section 2. Section 22-8-19 NMSA 1978 (being Laws 1974,
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0001| Chapter 8, Section 9, as amended) is amended to read:
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0002| "22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.--The
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0003| number of early childhood education program units is determined
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0004| by multiplying the early childhood education MEM by the cost
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0005| differential factor 1.44. [No early childhood education
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student shall be counted for more than 0.5 early childhood
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education MEM.]"
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0008| Section 3. Section 22-8-20 NMSA 1978 (being Laws 1991,
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0009| Chapter 85, Section 3, as amended by Laws 1993, Chapter 226,
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0010| Section 22 and also by Laws 1993, Chapter 228, Section 3) is
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0011| amended to read:
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0012| "22-8-20. BASIC PROGRAM UNITS.--The number of basic
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0013| program units is determined by multiplying the basic program
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0014| MEM in each grade by the corresponding cost differential factor
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0015| as follows:
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0016| Grades Cost Differential Factor
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0017| 1 through 3 [1.2] 1.1
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0018| [2 and 3] [1.18]
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0019| 4 through 6 [1.045] 1.0
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0020| 7 through [12] 9 [1.25.] 1.2
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0021| 10 through 12 1.4."
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0022| Section 4. Section 22-8-21 NMSA 1978 (being Laws 1974,
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0023| Chapter 8, Section 11, as amended by Laws 1992, Chapter 75,
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0024| Section 1 and also by Laws 1992, Chapter 84, Section 1) is
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0025| amended to read:
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0001| "22-8-21. SPECIAL EDUCATION PROGRAM UNITS.--
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0002| A. For the purpose of the Public School Finance
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0003| Act, special education programs for exceptional children are
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0004| those approved by the department and classified as follows:
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0005| (1) class A programs, in which department
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0006| certified individuals provide services to children whose
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0007| individualized education programs require a minimal amount of
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0008| special education and in which the ratio of students to
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0009| professionals is regulated by the state board;
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0010| (2) class B programs, in which department
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0011| certified individuals provide services to children whose
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0012| individualized education programs require a moderate amount of
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0013| special education and in which the ratio of students to
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0014| professionals is regulated by the state board;
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0015| (3) class C programs, in which department
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0016| certified individuals provide services to children whose
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0017| individualized education programs require an extensive amount
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0018| of special education and in which the ratio of students to
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0019| professionals is regulated by the state board;
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0020| (4) class D programs, in which department
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0021| certified individuals provide services to children whose
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0022| individualized education programs require a maximum amount of
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0023| special education and in which the ratio of students to
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0024| professionals is regulated by the state board. Students in
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0025| class D programs may be enrolled in private, nonsectarian,
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0001| nonprofit educational training centers in accordance with the
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0002| provisions of Section 22-13-8 NMSA 1978; and
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0003| (5) programs for developmentally disabled
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0004| three- and four-year-old children meeting standards approved by
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0005| the state board.
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0006| B. All students assigned to the programs for
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0007| exceptional children classified in Subsection A of this section
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0008| shall have been so assigned as a result of diagnosis and
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0009| evaluation performed in accordance with the standards of the
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0010| department before the students may be counted in the
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0011| determination of special education program units as provided in
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0012| Subsection C of this section.
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0013| C. The number of special education program units is
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0014| the sum of the following:
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0015| (1) for class A and class B programs as
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0016| defined in Subsection A of this section, the product of the
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0017| number of approved class A and class B programs requested by
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0018| the local school board and certified by the department
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0019| multiplied by the cost differential factor 20;
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0020| (2) the special education MEM in class C
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0021| programs as defined in Subsection A of this section multiplied
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0022| by the cost differential factor 1.9;
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0023| (3) the special education MEM in class D
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0024| programs as defined in Subsection A of this section multiplied
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0025| by the cost differential factor [3.5] 3.8; and
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0001| (4) the special education MEM for
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0002| developmentally disabled three- and four-year-old children as
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0003| defined in Paragraph (5) of Subsection A of this section
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0004| multiplied by the cost differential factor 3.5; provided that
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0005| no developmentally disabled three- or four-year-old student
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0006| shall be counted for additional ancillary service units."
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0007| Section 5. Section 22-8-22 NMSA 1978 (being Laws 1974,
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0008| Chapter 8, Section 13, as amended) is amended to read:
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0009| "22-8-22. BILINGUAL MULTICULTURAL EDUCATION PROGRAM
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0010| UNITS.--The number of bilingual multicultural education program
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0011| units is determined by multiplying the full-time-equivalent MEM
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0012| in programs implemented in accordance with the provisions of
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0013| the Bilingual Multicultural Education Act by the cost
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0014| differential factor [0.35, effective July 1, 1990; 0.4,
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effective July 1, 1991; .425, effective July 1, 1992; 0.45,
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effective July 1, 1993; and 0.5, effective July 1,1994]
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0017| 0.5."
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0018| Section 6. Section 22-8-23 NMSA 1978 (being Laws 1975,
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0019| Chapter 119, Section 1, as amended) is amended to read:
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0020| "22-8-23. SIZE ADJUSTMENT PROGRAM UNITS.--
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0021| A. An approved public school with a MEM of less
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0022| than [400, including early childhood education full-time
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equivalent MEM but excluding special education class C and
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class D MEM, is eligible for additional program units.
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Separate schools established to provide special programs,
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including but not limited to vocational and alternative
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education, shall not be classified as public schools for
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purposes of generating size adjustment] two hundred and a
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0004| district with a MEM of less than four thousand, including
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0005| special education MEM but excluding early childhood education
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0006| MEM, is eligible for additional program units. The number of
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0007| additional program units to which a school district is entitled
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0008| under this subsection is the sum of elementary-junior high
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0009| units, [and] senior high units and the district units
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0010| computed in the following manner:
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0011| Elementary-Junior High Units
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0012| 200 - MEM x 1.0 x MEM = Units
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0013| 200
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0014| where MEM is equal to the membership of an approved elementary
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0015| or junior high school, including [early childhood education
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full-time equivalent membership but excluding] special
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0017| education [class C and class D] membership but excluding
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0018| early childhood education membership;
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0019| Senior High Units
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0020| 200 - MEM x 2.0 x MEM = Units
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0021| 200
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0022| [or,
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Senior High Units
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400 - MEM x 1.6 x MEM = Units
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400
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whichever calculation for senior high units is higher, where
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MEM is equal to the membership of an approved senior high
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school, excluding special education class C and class D
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membership].
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0005| B. A school district with total MEM of less than
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0006| [4,000] four thousand, including early childhood education
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0007| full-time-equivalent MEM and special education MEM, is eligible
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0008| for additional program units. The number of additional program
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0009| units to which a district is entitled under this subsection is
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0010| the number of district units computed in the following manner:
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0011| District Units
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0012| 4000 - MEM x 0.15 x MEM = Units
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0013| 4000
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0014| where MEM is equal to the total district membership, including
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0015| early childhood education full-time-equivalent membership and
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0016| special education membership.
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0017| [C. A school district with over 10,000 MEM with a
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ratio of MEM to senior high schools less than 4,000:1 is
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eligible for additional program units based on the number of
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approved regular senior high schools that are not eligible for
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senior high units under Subsection A of this section. The
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number of additional program units to which an eligible school
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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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4000 - MEM x 0.50 = Units
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Senior High Schools
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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, and where senior high schools are
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equal to the number of approved regular senior high schools in
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the district.
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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 greater
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than fifteen thousand but less than thirty-five thousand,
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including early childhood education full-time equivalent MEM
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and special education MEM, is eligible for additional program
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units. The number of additional program units to which an
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eligible district is entitled under this subsection is the
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number of units computed in the following 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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0018|
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