0001| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR | 0002| | 0003| | 0004| SENATE BILL 139 | 0005| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| AN ACT | 0014| RELATING TO EDUCATION; AMENDING AND ENACTING CERTAIN SECTIONS | 0015| OF THE PUBLIC SCHOOL CODE AND THE PUBLIC SCHOOL FINANCE ACT TO | 0016| ABOLISH CERTAIN SIZE ADJUSTMENT UNITS, TO PROVIDE FOR AT-RISK | 0017| PROGRAM UNITS, TO REVISE SPECIAL EDUCATION INDICES AND TO | 0018| ESTABLISH PROGRAM UNITS FOR SPECIAL EDUCATION ANCILLARY SERVICE | 0019| PROGRAMS; MAKING AN APPROPRIATION. | 0020| | 0021| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0022| Section 1. Section 22-1-6 NMSA 1978 (being Laws 1989, | 0023| Chapter 308, Section 1, as amended) is amended to read: | 0024| "22-1-6. ANNUAL SCHOOL DISTRICT ACCOUNTABILITY REPORT | 0025| REQUIRED.-- | 0001| A. Each school district shall be required to | 0002| publish an annual school district accountability report to | 0003| provide district-wide data for the previous school year. The | 0004| school district shall send to the state superintendent the | 0005| required data with the year-end reports prior to August 15 each | 0006| year. The state superintendent shall compile the district | 0007| reports data and send a draft compilation report to the | 0008| districts by October 15 each year and send a final compilation | 0009| state report to the governor and legislature prior to November | 0010| 15 each year. | 0011| B. The accountability report shall include a brief | 0012| statement of the mission of the local school board, enrollment | 0013| statistics, total expenditures per pupil for the school year, | 0014| administrative expenditures per student for the school year, | 0015| the average teacher salary, a summary of student scores on all | 0016| state-mandated tests and college entrance exam scores, | 0017| including the norm base year; a summary of services provided | 0018| for students receiving services through the additional at-risk | 0019| program units; the number of New Mexico scholars eligible for | 0020| and receiving scholarships; the percentage of the graduating | 0021| high school class applying for entrance into a four-year post- | 0022| secondary institution; the percentage of seniors beginning the | 0023| year who graduate; the percentage of ninth graders, plus any | 0024| newcomers entering during grades nine through twelve, who | 0025| graduate; the percentage of full-time-equivalent students | 0001| participating in bilingual programs, chapter I programs, | 0002| special education programs and other federally funded programs, | 0003| with the percentage of the district budget attributable to each | 0004| program; the percentage of the district budget utilized to | 0005| employ certified teachers, administrators, support personnel | 0006| and non-certified classified personnel; the number of students | 0007| enrolled in advanced placement courses; a concise annual budget | 0008| report, including revenue and expense data; budget funding | 0009| sources; the student drop-out rate; continual student progress | 0010| follow-up study; a statement of school district goals for the | 0011| upcoming year; an invitation to all citizens to participate in | 0012| school planning and school activities; and other data and | 0013| information that clearly [communicates] communicate the activities | 0014| and progress of the school district to the residents of that | 0015| school district. The published accountability report shall | 0016| compare district, state and national data whenever appropriate and | 0017| shall include the rank of the school district among all of the | 0018| school districts in the state, for all state-mandated tests and | 0019| college exam scores, graduation percentages, drop-out rate, per- | 0020| student administration expenditure, total per-student expenditure | 0021| and average teacher salary data. The published report shall use | 0022| tables and graphs to better communicate complex information and, | 0023| using the ranking data, shall include a graphic representation of | 0024| the school district's progress over the preceding three years. | 0025| C. The annual accountability report shall also include | 0001| the results of a survey of parents' views of the quality of their | 0002| children's school. The survey shall be conducted each year in | 0003| time to include the results in the annual accountability report. | 0004| The survey shall compile the results of a written questionnaire | 0005| that shall be sent home with the students to be given to their | 0006| parents. The survey may be completed anonymously. The survey | 0007| shall be no more than one page, shall be clearly and concisely | 0008| written and shall include not more than twenty questions that | 0009| shall be answered with options of a simple sliding scale ranging | 0010| from "strongly agree" to "strongly disagree" and shall include the | 0011| optional response "don't know". The survey shall also include a | 0012| request for optional written comments, which may be written on the | 0013| back of the questionnaire form. The questionnaire shall include | 0014| questions in the following areas: | 0015| (1) parent-teacher-school relationship and | 0016| communication; | 0017| (2) quality of educational and extracurricular | 0018| programs; | 0019| (3) instructional practices and techniques; | 0020| (4) resources; | 0021| (5) school personnel, including the school | 0022| principal; and | 0023| (6) parents' view of teaching staff expectations | 0024| for the students. | 0025| The state board shall develop no more than ten of the | 0001| questions, which shall be reviewed by the legislative education | 0002| study committee prior to implementation. No more than five | 0003| questions shall be developed by the local school board and no more | 0004| than five questions shall be developed by the staffs of each | 0005| individual school site, provided that at least half of those | 0006| questions are developed by teachers rather than administrators, in | 0007| order to gather information that is specific to the particular | 0008| community surveyed. | 0009| D. The annual accountability report for each school | 0010| district shall be published no later than November 15 of each year | 0011| and shall be published at least once each school year in a | 0012| newspaper of general circulation in the county where the district | 0013| is located. In publication, the report shall be titled "the | 0014| school district report card"." | 0015| Section 2. Section 22-8-2 NMSA 1978 (being Laws 1978, | 0016| Chapter 128, Section 3, as amended) is amended to read: | 0017| "22-8-2. DEFINITIONS.--As used in the Public School Finance | 0018| Act: | 0019| A. "ADM" or "MEM" means membership; | 0020| B. "membership" means the total enrollment of | 0021| qualified students on the current roll of a class or school on a | 0022| specified day. The current roll is established by the addition of | 0023| original entries and reentries minus withdrawals. Withdrawals of | 0024| students, in addition to students formally withdrawn from the | 0025| public school, [includes] include students absent from the public | 0001| school for as many as ten consecutive school days; | 0002| C. "basic program ADM" or "basic program MEM" means | 0003| the MEM of qualified students but excludes the full-time- | 0004| equivalent MEM in early childhood education and three- and four- | 0005| year old students receiving special education services; | 0006| D. "cost differential factor" is the numerical | 0007| expression of the ratio of the cost of a particular segment of the | 0008| school program to the cost of the basic program in grades four | 0009| through six; | 0010| E. "department" or "division" means the state | 0011| department of public education; | 0012| F. "early childhood education ADM" or "early childhood | 0013| education MEM" means the full-time-equivalent MEM of students | 0014| attending approved early childhood education programs; | 0015| G. "full-time-equivalent ADM" or "full-time- | 0016| equivalent MEM" is that membership calculated by applying to the | 0017| MEM in an approved public school program the ratio of the number | 0018| of hours per school day devoted to the program to six hours or the | 0019| number of hours per school week devoted to the program to thirty | 0020| hours; | 0021| H. "operating budget" means the annual financial plan | 0022| required to be submitted by a local school board; | 0023| I. "program cost" is the product of the total number | 0024| of program units to which a school district is entitled multiplied | 0025| by the dollar value per program unit established by the | 0001| legislature; | 0002| J. "program element" is that component of a public | 0003| school system to which a cost differential factor is applied to | 0004| determine the number of program units to which a school district | 0005| is entitled, including but not limited to MEM, full-time- | 0006| equivalent MEM, teacher, classroom or public school; | 0007| K. "program unit" is the product of the program | 0008| element multiplied by the applicable cost differential factor; | 0009| L. "public money" or "public funds" means all money | 0010| from public or private sources received by a local school board or | 0011| officer or employee of a local school board for public use; | 0012| M. "qualified student" means a public school student | 0013| who: | 0014| (1) has not graduated from high school; | 0015| (2) is regularly enrolled in one-half or more of | 0016| the minimum course requirements approved by the state board for | 0017| public school students; and | 0018| (3) is at least five years of age prior to 12:01 | 0019| a.m. on September 1 of the school year; or | 0020| (4) is at least three years of age at any time | 0021| during the school year and is receiving special education services | 0022| pursuant to regulation of the state board; or | 0023| (5) has not reached his twenty-second birthday | 0024| on the first day of the school year and is receiving special | 0025| education services pursuant to regulation of the state board; and | 0001| N. "state superintendent" means the superintendent of | 0002| public instruction or his designee." | 0003| Section 3. Section 22-8-18 NMSA 1978 (being Laws 1974, | 0004| Chapter 8, Section 8, as amended) is amended to read: | 0005| "22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD | 0006| RESPONSIBILITY.-- | 0007| A. The total program units for the purpose of | 0008| computing the program cost shall be calculated by multiplying the | 0009| sum of the program units itemized as Paragraphs (1) through (4) in | 0010| this subsection by the instruction staff training and experience | 0011| index and adding the program units itemized as Paragraphs (5) | 0012| through [(7)] (8) in this subsection. The itemized program units | 0013| are as follows: | 0014| (1) early childhood education; | 0015| (2) basic education; | 0016| (3) special education, adjusted by subtracting | 0017| the units derived from [class D special education MEM] membership | 0018| in class D special education programs in private, nonsectarian, | 0019| nonprofit training centers; | 0020| (4) bilingual multicultural education; | 0021| (5) size adjustment; | 0022| (6) at-risk program; | 0023| [(6)] (7) enrollment growth or new district | 0024| adjustment; and | 0025| [(7)] (8) special education units derived from | 0001| [class D special education MEM] membership in class D special | 0002| education programs in private, nonsectarian, nonprofit training | 0003| centers. | 0004| B. The total program cost calculated as prescribed in | 0005| Subsection A of this section includes the cost of early childhood, | 0006| special, bilingual multicultural and vocational education and | 0007| other remedial or enrichment programs. It is the responsibility | 0008| of the local school board to determine its priorities in terms of | 0009| the needs of the community served by that board. Funds generated | 0010| under the Public School Finance Act are discretionary to local | 0011| school boards, provided that the special program needs as | 0012| enumerated in this section are met." | 0013| Section 4. Section 22-8-19 NMSA 1978 (being Laws 1974, | 0014| Chapter 8, Section 9, as amended) is amended to read: | 0015| "22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.-- | 0016| A. The number of early childhood education program | 0017| units is determined by multiplying the early childhood education | 0018| MEM by the cost differential factor 1.44. No early childhood | 0019| education student shall be counted for more than 0.5 early | 0020| childhood education MEM. | 0021| B. For the purpose of calculating early childhood | 0022| education program units, developmentally disabled three- and four- | 0023| year-old students shall be counted in early childhood education | 0024| membership. No developmentally disabled three- or four-year old | 0025| student shall be counted for more than 0.5 early childhood | 0001| education MEM." | 0002| Section 5. Section 22-8-21 NMSA 1978 (being Laws 1974, | 0003| Chapter 8, Section 11, as amended by Laws 1992, Chapter 75, | 0004| Section 1 and also by Laws 1992, Chapter 84, Section 1) is amended | 0005| to read: | 0006| "22-8-21. SPECIAL EDUCATION PROGRAM UNITS.-- | 0007| A. For the purpose of the Public School Finance Act, | 0008| special education programs for exceptional children are those | 0009| approved by the department and classified as follows: | 0010| (1) class A programs, in which department | 0011| certified individuals provide services to children whose | 0012| individualized education programs require a minimal amount of | 0013| special education and in which the ratio of students to | 0014| professionals is regulated by the state board; | 0015| (2) class B programs, in which department | 0016| certified individuals provide services to children whose | 0017| individualized education programs require a moderate amount of | 0018| special education and in which the ratio of students to | 0019| professionals is regulated by the state board; | 0020| (3) class C programs, in which department | 0021| certified individuals provide services to children whose | 0022| individualized education programs require an extensive amount of | 0023| special education and in which the ratio of students to | 0024| professionals is regulated by the state board; | 0025| (4) class D programs, in which department | 0001| certified individuals provide services to children whose | 0002| individualized education programs require a maximum amount of | 0003| special education and in which the ratio of students to | 0004| professionals is regulated by the state board. Students in class | 0005| D programs may be enrolled in private, nonsectarian, nonprofit | 0006| educational training centers in accordance with the provisions of | 0007| Section 22-13-8 NMSA 1978; and | 0008| (5) programs for developmentally disabled three- | 0009| and four-year-old children meeting standards approved by the state | 0010| board. | 0011| B. All students assigned to the programs for | 0012| exceptional children classified in Subsection A of this section | 0013| shall have been so assigned as a result of diagnosis and | 0014| evaluation performed in accordance with the standards of the | 0015| department before the students may be counted in the determination | 0016| of special education program units as provided in Subsection C of | 0017| this section. | 0018| C. The number of special education program units is | 0019| the sum of the following: | 0020| (1) [for class A and class B programs as defined | 0021| in Subsection A of this section, the product of the number of | 0022| approved class A and class B programs requested by the local | 0023| school board and certified by the department multiplied by the | 0024| cost differential factor 20] the MEM in approved class A and B | 0025| programs as defined in Subsection A of this section multiplied by | 0001| the cost differential factor .7; | 0002| (2) the [special education] MEM in approved | 0003| class C programs as defined in Subsection A of this section | 0004| multiplied by the cost differential factor [1.9] 1.0; | 0005| (3) the [special education] MEM in approved | 0006| class D programs as defined in Subsection A of this section | 0007| multiplied by the cost differential factor [3.5; and] 2.0; | 0008| (4) the [special education] MEM for | 0009| developmentally disabled three- and four-year-old children as | 0010| defined in [Paragraph (5) of] Subsection A of this section | 0011| multiplied by the cost differential factor [3.5] 2.0; provided | 0012| that no developmentally disabled three- or four-year-old student | 0013| shall be counted for additional ancillary service units; and | 0014| (5) for related services ancillary to providing | 0015| special education, the number of full-time-equivalent certified or | 0016| licensed ancillary service and diagnostic service personnel | 0017| multiplied by the cost differential factor 25.0. | 0018| D. For the purpose of calculating membership in class | 0019| C and class D programs, students shall be counted in actual grade | 0020| placement or according to chronological age if not in actual grade | 0021| placement." | 0022| Section 6. Section 22-8-23 NMSA 1978 (being Laws 1975, | 0023| Chapter 119, Section 1, as amended) is amended to read: | 0024| "22-8-23. SIZE ADJUSTMENT PROGRAM UNITS.-- | 0025| A. An approved public school with a MEM of less | 0001| than 400, including early childhood education full-time-equivalent | 0002| MEM but excluding [special education class C and class D MEM] | 0003| membership in class C and class D programs and excluding full- | 0004| time- equivalent membership in three- and four-year-old | 0005| developmentally disabled programs, is eligible for additional | 0006| program units. Separate schools established to provide special | 0007| programs, including but not limited to vocational and alternative | 0008| education, shall not be classified as public schools for purposes | 0009| of generating size adjustment program units. The number of | 0010| additional program units to which a school district is entitled | 0011| under this subsection is the sum of elementary-junior high units | 0012| and senior high units computed in the following manner: | 0013| Elementary-Junior High Units | 0014| 200 - MEM x 1.0 x MEM = Units | 0015| 200 | 0016| where MEM is equal to the membership of an approved elementary or | 0017| junior high school, including early childhood education full-time- | 0018| equivalent membership but excluding [special education class C and | 0019| class D membership] membership in class C and class D programs and | 0020| excluding full-time-equivalent membership in three- and four-year- | 0021| old developmentally disabled programs; | 0022| Senior High Units | 0023| 200 - MEM x 2.0 x MEM = Units | 0024| 200 | 0025| or, | 0001| Senior High Units | 0002| 400 - MEM x 1.6 x MEM = Units | 0003| 400 | 0004| whichever calculation for senior high units is higher, where | 0005| MEM is equal to the membership of an approved senior high | 0006| school excluding [special education class C and class D | 0007| membership] membership in class C and class D programs. | 0008| B. A school district with total MEM of less than | 0009| 4,000, including early childhood education full-time-equivalent | 0010| MEM [and special education MEM], is eligible for additional | 0011| program units. The number of additional program units to which a | 0012| district is entitled under this subsection is the number of | 0013| district units computed in the following manner: | 0014| District Units | 0015| 4000 - MEM x 0.15 x MEM = Units | 0016| 4000 | 0017| where MEM is equal to the total district membership, | 0018| including early childhood education full-time-equivalent | 0019| membership [and special education membership]. | 0020| C. A school district with over 10,000 MEM with a ratio | 0021| of MEM to senior high schools less than 4,000:1 is eligible for | 0022| additional program units based on the number of approved regular | 0023| senior high schools that are not eligible for senior high units | 0024| under Subsection A of this section. The number of additional | 0025| program units to which an eligible school district is entitled | 0001| under this subsection is the number of units computed in the | 0002| following manner: | 0003| 4000 - MEM x 0.50 = Units | 0004| Senior High Schools | 0005| where MEM is equal to the total district membership, including | 0006| early childhood education full-time-equivalent membership [and | 0007| special education membership], and where senior high schools are | 0008| equal to the number of approved regular senior high schools in the | 0009| district. | 0010| [D. A school district with a total MEM of greater than | 0011| ten thousand but less than fifteen thousand, including early | 0012| childhood education full-time equivalent MEM and special education | 0013| MEM, is eligible for additional program units. The number of | 0014| additional program units to which an eligible district is entitled | 0015| under this subsection is the number of units computed in the | 0016| following manner: | 0017| MEM - 10,000 x .l5 x MEM = Units | 0018| 10,000 | 0019| where MEM is equal to the total district membership, including | 0020| early childhood education full-time equivalent membership and | 0021| special education membership. | 0022| E. A school district with a total MEM of | 0023| greater than fifteen thousand but less than thirty-five thousand, | 0024| including early childhood education full-time equivalent MEM and | 0025| special education MEM, is eligible for additional program units. | 0001| The number of additional program units to which an eligible | 0002| district is entitled under this subsection is the number of units | 0003| computed in the following manner: | 0004| MEM - 15,000 x .l5 x MEM = Units | 0005| 15,000 | 0006| where MEM is equal to the total district membership, including | 0007| early childhood education full-time equivalent membership and | 0008| special education membership. | 0009| F. A school district with a total MEM of greater | 0010| than thirty-five thousand, including early childhood education | 0011| full-time equivalent MEM and special education MEM, is eligible | 0012| for additional program units. The number of additional program | 0013| units to which an eligible district is entitled under this | 0014| subsection is the number of units computed in the following | 0015| manner: | 0016| MEM - 35,000 x .023 x MEM = Units | 0017| 35,000 | 0018| where MEM is equal to the total district membership, including | 0019| early childhood education full-time equivalent membership and | 0020| special education membership.]" | 0021| Section 7. A new section of the Public School Finance Act, | 0022| Section 22-8-23.3 NMSA 1978, is enacted to read: | 0023| "22-8-23.3. [NEW MATERIAL] AT-RISK PROGRAM UNITS.-- | 0024| A. A school district is eligible for additional | 0025| program units if it establishes within its state-board-approved | 0001| educational plan identified services to assist students to reach | 0002| their full academic potential. A school district receiving | 0003| additional at-risk program units shall include a report of | 0004| specified services in its annual accountability report pursuant to | 0005| Section 22-1-6 NMSA 1978. The number of additional units to which | 0006| a district is entitled under this section is computed in the | 0007| following manner: | 0008| At-Risk Index x MEM = Units | 0009| where MEM is equal to the total district membership, including | 0010| early childhood education, full-time-equivalent membership and | 0011| special education membership, and where the at-risk index is | 0012| calculated in the following manner: | 0013| Refined At-Risk Cluster x 0.015 = At-Risk Index. | 0014| B. To calculate the refined at-risk cluster, the | 0015| department shall rank order each school district in the state on | 0016| the basis of the district's percentage of membership used to | 0017| determine its Title I allocation, the percentage of membership | 0018| classified as limited English proficient using criteria | 0019| established by the federal office of civil rights, the percentage | 0020| of student mobility and the percentage of dropouts in the school | 0021| district. Using this data, the department shall initially group | 0022| districts into nine clusters using a neural network computer | 0023| analysis. Each school district shall be assigned a whole number | 0024| from one to nine reflecting its initial cluster assignment, with | 0025| higher need districts receiving a higher number and lower need | 0001| districts receiving a lower number. This number shall be modified | 0002| on the basis of a school district's relative position in the | 0003| cluster and further refined through the use of a second neural | 0004| network computer analysis, a back propagation. Using the results | 0005| of this analysis, the department shall refine the cluster | 0006| assignment and the number assigned to each school district. The | 0007| number obtained from this calculation is the refined at-risk | 0008| cluster. | 0009| C. The department shall recalculate the at-risk index | 0010| for each school district every two years." | 0011| Section 8. Section 22-8-25 NMSA 1978 (being Laws 1981, | 0012| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226, | 0013| Section 23 and also by Laws 1993, Chapter 231, Section 14) is | 0014| amended to read: | 0015| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION-- | 0016| DEFINITIONS--DETERMINATION OF AMOUNT.-- | 0017| A. The state equalization guarantee distribution is | 0018| that amount of money distributed to each school district to ensure | 0019| that the school district's operating revenue, including its local | 0020| and federal revenues as defined in this section, is at least equal | 0021| to the school district's program cost. | 0022| B. "Local revenue", as used in this section, means | 0023| ninety-five percent of receipts to the school district derived | 0024| from that amount produced by a school district property tax | 0025| applied at the rate of fifty cents ($.50) to each one thousand | 0001| dollars ($1,000) of net taxable value of property allocated to the | 0002| school district and to the assessed value of products severed and | 0003| sold in the school district as determined under the Oil and Gas Ad | 0004| Valorem Production Tax Act and upon the assessed value of | 0005| equipment in the school district as determined under the Oil and | 0006| Gas Production Equipment Ad Valorem Tax Act. | 0007| C. "Federal revenue", as used in this section, means | 0008| ninety-five percent of receipts to the school district, excluding | 0009| amounts which, if taken into account in the computation of the | 0010| state equalization guarantee distribution, result, under federal | 0011| law or regulations, in a reduction in or elimination of federal | 0012| school funding otherwise receivable by the school district, | 0013| derived from the following: | 0014| (1) the school district's share of forest | 0015| reserve funds distributed in accordance with Section 22-8-33 NMSA | 0016| 1978; and | 0017| (2) grants from the federal government as | 0018| assistance to those areas affected by federal activity authorized | 0019| in accordance with Sections 236 through 240 of Title 20 of the | 0020| United States Code (commonly known as "PL 874 funds") or an amount | 0021| equal to the revenue the district was entitled to receive if no | 0022| application was made for such funds but deducting from those | 0023| grants the additional amounts to which school districts would be | 0024| entitled because of the provisions of Subparagraph (D) of | 0025| Paragraph (2) of Subsection (d) of Section 238 of Title 20 of the | 0001| United States Code. | 0002| D. To determine the amount of the state equalization | 0003| guarantee distribution, the state superintendent shall: | 0004| (1) calculate the number of program units to | 0005| which each school district is entitled using the [membership of | 0006| the fortieth day of the school year, except for school districts | 0007| with a MEM of 200 or less where the number of program units shall | 0008| be calculated on the fortieth day membership of either the prior | 0009| year or the current year, whichever is greater, for all programs | 0010| except special education, which shall be calculated by using the | 0011| membership on December 1 of the school year] basic program | 0012| membership of the fortieth day for all programs; provided that | 0013| special education program units shall be calculated using the | 0014| membership in special education programs on December 1; or | 0015| (2) calculate the number of program units to | 0016| which a school district operating under an approved year-round | 0017| school calendar is entitled using the basic program membership on | 0018| an appropriate date established by the state board; or | 0019| (3) calculate the number of program units to | 0020| which a school district with a basic program MEM of 200 or less is | 0021| entitled by using the basic program membership on the fortieth day | 0022| of either the prior or the current year, whichever is greater; | 0023| provided that special education program units shall be calculated | 0024| using the membership in special education programs on December 1 | 0025| of either the prior or the current year; and | 0001| [(3)] (4) using the results of the calculations | 0002| in Paragraph (1), [or] (2) or (3) of this subsection and the | 0003| instructional staff training and experience index from the October | 0004| report of the prior school year, establish a total program cost of | 0005| the school district; | 0006| [(4)] (5) calculate the local and federal | 0007| revenues as defined in this section; | 0008| [(5)] (6) deduct the sum of the calculations | 0009| made in Paragraph [(4)] (5) of this subsection from the program | 0010| cost established in Paragraph [(3)] (4) of this subsection; and | 0011| [(6)] (7) deduct the total amount of guaranteed | 0012| energy savings contract payments that the state superintendent | 0013| determines will be made to the school district from the public | 0014| school energy efficiency fund during the fiscal year for which the | 0015| state equalization guarantee distribution is being computed. | 0016| E. The amount of the state equalization guarantee | 0017| distribution to which a school district is entitled is the balance | 0018| remaining after the deductions made in Paragraphs [(5) and] (6) | 0019| and (7) of Subsection D of this section. | 0020| F. The state equalization guarantee distribution shall | 0021| be distributed prior to June 30 of each fiscal year. The | 0022| calculation shall be based on the local and federal revenues | 0023| specified in this section received from June 1 of the previous | 0024| fiscal year through May 31 of the fiscal year for which the state | 0025| equalization guarantee distribution is being computed. In the | 0001| event that a district has received more state equalization | 0002| guarantee funds than its entitlement, a refund shall be made by | 0003| the district to the state general fund. | 0004| G. Notwithstanding the methods of calculating the | 0005| state equalization guarantee distribution in this section and Laws | 0006| 1974, Chapter 8, Section 22, if a school district received funds | 0007| under Section 2391 of Title 42 USCA and if the federal government | 0008| takes into consideration grants authorized by Sections 236 through | 0009| 240 of Title 20 of the United States Code and all other revenues | 0010| available to the school district in determining the level of | 0011| federal support for the school district for the sixty-fourth and | 0012| succeeding fiscal years, the state equalization guarantee | 0013| distribution for school districts receiving funds under this | 0014| subsection shall be computed as follows: | 0015| fiscal year program cost prior fiscal year | 0016| excluding special education state equalization | 0017| for the year for which the x guarantee distribution | 0018| state equalization guarantee excluding special | 0019| distribution is being computed education | 0020| prior fiscal year program cost | 0021| excluding special education | 0022| plus special education funding in accordance with Paragraphs (1), | 0023| [or] (2) [and] or (3) and (4) of Subsection D of this section and | 0024| Section 22-8-21 NMSA 1978 plus an amount that would be produced by | 0025| applying a rate of eight dollars forty-two and one-half cents | 0001| ($8.425) to each one thousand dollars ($1,000) of net taxable | 0002| value of property as defined in the Property Tax Code for property | 0003| taxation purposes in the school district and to each one thousand | 0004| dollars ($1,000) of the assessed value of products severed and | 0005| sold in the school district as determined under the Oil and Gas Ad | 0006| Valorem Production Tax Act and upon the assessed value of | 0007| equipment in the school district as determined under the Oil and | 0008| Gas Production Equipment Ad Valorem Tax Act and then reduced by | 0009| the total amount of guaranteed energy savings contract payments, | 0010| if any, that the state superintendent determines will be made to | 0011| the school district from the public school energy efficiency fund | 0012| during the fiscal year for which the state equalization guarantee | 0013| distribution is being computed, equals the fiscal year state | 0014| equalization guarantee distribution for the year for which the | 0015| state equalization guarantee distribution is being computed. | 0016| If at any time grants from the federal government as | 0017| assistance to those areas affected by federal activity authorized | 0018| in accordance with Sections 236 through 240 of Title 20 of the | 0019| United States Code (commonly known as "PL 874 funds") are reduced | 0020| or are no longer available, the state equalization guarantee | 0021| distribution shall be computed by the formula contained in this | 0022| subsection plus an increase by fifty percent of the amount the | 0023| prior year's PL 874 funds exceed PL 874 funds for the year for | 0024| which the state equalization guarantee distribution is being | 0025| computed." | 0001| Section 9. TEMPORARY PROVISION.--In the event that the | 0002| program units of Section 22-8-18 NMSA 1978 as amended by this act | 0003| are not fully funded, no school district shall receive less than | 0004| its previous year's total program cost due to the change in the | 0005| program cost calculation with the program cost adjusted for the | 0006| establishment of a high school in Rio Rancho. | 0007| Section 10. APPROPRIATION.--Fifty-eight million seven | 0008| hundred thousand dollars ($58,700,000) is appropriated from the | 0009| general fund to the state equalization guarantee distribution for | 0010| expenditure in fiscal year 1998 for the purpose of funding | 0011| additional program units authorized by law. Any unexpended or | 0012| unencumbered balance remaining at the end of fiscal year 1998 | 0013| shall revert to the general fund. | 0014| Section 11. EFFECTIVE DATE.--The effective date of the | 0015| provisions of this act is July 1, 1997. | 0016|  |