0001| SENATE BILL 317
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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| PAULINE B. EISENSTADT
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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 EDUCATION; AMENDING CERTAIN SECTIONS OF THE PUBLIC
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0012| SCHOOL FINANCE ACT TO ALLOW CERTAIN SCHOOL DISTRICTS TO
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0013| CALCULATE THE TEACHING AND EXPERIENCE INDEX USING THE OCTOBER
|
0014| PAYROLL OF THE YEAR IN WHICH GRADE LEVELS ARE ADDED.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-8-24 NMSA 1978 (being Laws 1974,
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0018| Chapter 8, Section 15, as amended by Laws 1993, Chapter 91,
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0019| Section 1 and also by Laws 1993, Chapter 237, Section 3) is
|
0020| amended to read:
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0021| "22-8-24. INSTRUCTIONAL STAFF TRAINING AND EXPERIENCE
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0022| INDEX--DEFINITIONS--FACTORS--CALCULATIONS.--
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0023| A. For the purpose of calculating the instructional
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0024| staff training and experience index, the following definitions
|
0025| and limitations shall apply:
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0001| (1) "instructional staff" means the personnel
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0002| assigned to the instructional program of the school district,
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0003| excluding principals, substitute teachers, instructional aides,
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0004| secretaries and clerks;
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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;
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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
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0013| school district; and
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0014| (4) the academic degree and additional credit
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0015| hours to be used in calculating the instructional staff
|
0016| training and experience index is the degree and additional
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0017| semester credit hours allowed for salary increment purposes on
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0018| the salary schedule of the school district.
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0019| B. The factors for each classification of academic
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0020| training by years of experience are provided in the following
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0021| table:
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0022| Years of Experience
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0023| Academic
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0024| Classification 0 - 2 3 - 5 6 - 8 9 - 15 Over 15
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0025| Bachelor's degree
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0001| or less .75 .90 1.00 1.05 1.05
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0002| Bachelor's degree plus
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0003| 15 credit hours .80 .95 1.00 1.10 1.15
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0004| Master's degree or
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0005| bachelor's degree
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0006| plus 45 credit
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0007| hours .85 1.00 1.05 1.15 1.20
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0008| Master's degree plus
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0009| 15 credit hours .90 1.05 1.15 1.30 1.35
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0010| Post-master's degree
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0011| or master's degree
|
0012| plus 45 credit
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0013| hours 1.00 1.15 1.30 1.40 1.50.
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0014| C. The instructional staff training and experience
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0015| index for each school district shall be calculated in
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0016| accordance with instructions issued by the state
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0017| superintendent. The following calculations shall be computed:
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0018| (1) multiply the number of full-time
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0019| equivalent instructional staff in each academic classification
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0020| by the numerical factor in the appropriate "years of
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0021| experience" column provided in the table in Subsection B of
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0022| this section;
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0023| (2) add the products calculated in Paragraph
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0024| (1) of this subsection; and
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0025| (3) divide the total obtained in Paragraph
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0001| (2) of this subsection by the total number of full-time
|
0002| equivalent instructional staff.
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0003| D. In the event that the result of the calculation
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0004| of the training and experience index is 1.0 or less, the
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0005| district's factor shall be no less than 1.0.
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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.
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0009| F. In the event that additional grade levels are
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0010| authorized by the state superintendent for a school district,
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0011| the training and experience index for the school district
|
0012| shall be calculated to include instructional staff added for
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0013| the additional grade levels in the October payroll of the year
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0014| in which the grade levels are added."
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0015| Section 2. Section 22-8-25 NMSA 1978 (being Laws 1981,
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0016| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
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0017| Section 23 and also by Laws 1993, Chapter 231, Section 14) is
|
0018| amended to read:
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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.
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0001| B. "Local revenue", as used in this section, means
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0002| ninety-five percent of receipts to the school district derived
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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
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0011| Valorem Tax Act.
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0012| C. "Federal revenue", as used in this section,
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0013| means ninety-five percent of receipts to the school district,
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0014| excluding amounts [which] that, if taken into account in
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0015| the computation of the state equalization guarantee
|
0016| distribution, result, under federal law or regulations, in a
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0017| reduction in or elimination of federal school funding
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0018| otherwise receivable by the school district, derived from the
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0019| following:
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0020| (l) the school district's share of forest
|
0021| reserve funds distributed in accordance with Section 22-8-33
|
0022| NMSA 1978; and
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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.
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0008| D. To determine the amount of the state
|
0009| equalization guarantee distribution, the state superintendent
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0010| shall:
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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,
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0017| whichever is greater, for all programs except special
|
0018| education, which shall be calculated by using the membership
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0019| on December 1 of the school year; or
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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;
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0024| (3) using the results of the calculations in
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0025| Paragraph (l) or (2) of this subsection and the instructional
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0001| staff training and experience index from the October report of
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0002| the prior school year establish a total program cost of the
|
0003| school district provided that, in the event additional grade
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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
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0008| year;
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0009| (4) calculate the local and federal revenues
|
0010| as defined in this section;
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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
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0014| (6) deduct the total amount of guaranteed
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0015| energy savings contract payments that the state superintendent
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0016| determines will be made to the school district from the public
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0017| school energy efficiency fund during the fiscal year for which
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0018| the state equalization guarantee distribution is being
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0019| computed.
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0020| E. The amount of the state equalization guarantee
|
0021| distribution to which a school district is entitled is the
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0022| balance remaining after the deductions made in Paragraphs (5)
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0023| and (6) of Subsection D of this section.
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0024| F. The state equalization guarantee distribution
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0025| shall be distributed prior to June 30 of each fiscal year.
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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.
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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."
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0007| Section 3. EFFECTIVE DATE.--The effective date of the
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0008| provisions of this act is July 1, 1997.
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0009| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
|
0010| SENATE BILL 317
|
0011| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| AN ACT
|
0020| RELATING TO EDUCATION; AMENDING CERTAIN SECTIONS OF THE PUBLIC
|
0021| SCHOOL FINANCE ACT TO ALLOW CERTAIN SCHOOL DISTRICTS TO
|
0022| CALCULATE THE TRAINING AND EXPERIENCE INDEX USING THE OCTOBER
|
0023| PAYROLL OF THE YEAR IN WHICH GRADE LEVELS ARE ADDED; MAKING AN
|
0024| APPROPRIATION; DECLARING AN EMERGENCY.
|
0025|
|
0001| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0002| Section 1. Section 22-8-24 NMSA 1978 (being Laws 1974,
|
0003| Chapter 8, Section 15, as amended by Laws 1993, Chapter 91,
|
0004| Section 1 and also by Laws 1993, Chapter 237, Section 3) is
|
0005| amended to read:
|
0006| "22-8-24. INSTRUCTIONAL STAFF TRAINING AND EXPERIENCE
|
0007| INDEX--DEFINITIONS--FACTORS--CALCULATIONS.--
|
0008| A. For the purpose of calculating the instructional
|
0009| staff training and experience index, the following definitions
|
0010| and limitations shall apply:
|
0011| (1) "instructional staff" means the personnel
|
0012| assigned to the instructional program of the school district,
|
0013| excluding principals, substitute teachers, instructional aides,
|
0014| secretaries and clerks;
|
0015| (2) the number of instructional staff to be
|
0016| counted in calculating the instructional staff training and
|
0017| experience index is the actual number of full-time equivalent
|
0018| instructional staff on the October payroll;
|
0019| (3) the number of years of experience to be
|
0020| used in calculating the instructional staff training and
|
0021| experience index is that number of years of experience allowed
|
0022| for salary increment purposes on the salary schedule of the
|
0023| school district; and
|
0024| (4) the academic degree and additional credit
|
0025| hours to be used in calculating the instructional staff
|
0001| training and experience index is the degree and additional
|
0002| semester credit hours allowed for salary increment purposes on
|
0003| the salary schedule of the school district.
|
0004| B. The factors for each classification of academic
|
0005| training by years of experience are provided in the following
|
0006| table:
|
0007| Years of Experience
|
0008| Academic
|
0009| Classification 0 - 2 3 - 5 6 - 8 9 - 15 Over 15
|
0010| Bachelor's degree
|
0011| or less .75 .90 1.00 1.05 1.05
|
0012| Bachelor's degree plus
|
0013| 15 credit hours .80 .95 1.00 1.10 1.15
|
0014| Master's degree or
|
0015| bachelor's degree
|
0016| plus 45 credit
|
0017| hours .85 1.00 1.05 1.15 1.20
|
0018| Master's degree plus
|
0019| 15 credit hours .90 1.05 1.15 1.30 1.35
|
0020| Post-master's degree
|
0021| or master's degree
|
0022| plus 45 credit
|
0023| hours 1.00 1.15 1.30 1.40 1.50.
|
0024| C. The instructional staff training and
|
0025| experience index for each school district shall be calculated
|
0001| in accordance with instructions issued by the state
|
0002| superintendent. The following calculations shall be
|
0003| computed:
|
0004| (1) multiply the number of full-time
|
0005| equivalent instructional staff in each academic
|
0006| classification by the numerical factor in the appropriate
|
0007| "years of experience" column provided in the table in
|
0008| Subsection B of this section;
|
0009| (2) add the products calculated in Paragraph
|
0010| (1) of this subsection; and
|
0011| (3) divide the total obtained in Paragraph
|
0012| (2) of this subsection by the total number of full-time
|
0013| equivalent instructional staff.
|
0014| D. In the event that the result of the
|
0015| calculation of the training and experience index is 1.0 or
|
0016| less, the district's factor shall be no less than 1.0.
|
0017| E. In the event that a new school district is
|
0018| created, the training and experience index for that district
|
0019| is 1.12.
|
0020| F. In the event that additional grade levels are
|
0021| authorized by the state superintendent for a school district,
|
0022| the training and experience index for the school district
|
0023| shall be calculated to include instructional staff added for
|
0024| the additional grade levels in the October payroll of the
|
0025| year in which the grade levels are added."
|
0001| Section 2. Section 22-8-25 NMSA 1978 (being Laws 1981,
|
0002| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226,
|
0003| Section 23 and also by Laws 1993, Chapter 231, Section 14) is
|
0004| amended to read:
|
0005| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION--
|
0006| DEFINITIONS--DETERMINATION OF AMOUNT.--
|
0007| A. The state equalization guarantee distribution
|
0008| is that amount of money distributed to each school district
|
0009| to ensure that the school district's operating revenue,
|
0010| including its local and federal revenues as defined in this
|
0011| section, is at least equal to the school district's program
|
0012| cost.
|
0013| B. "Local revenue", as used in this section,
|
0014| means ninety-five percent of receipts to the school district
|
0015| derived from that amount produced by a school district
|
0016| property tax applied at the rate of fifty cents ($.50) to
|
0017| each one thousand dollars ($l,000) of net taxable value of
|
0018| property allocated to the school district and to the assessed
|
0019| value of products severed and sold in the school district as
|
0020| determined under the Oil and Gas Ad Valorem Production Tax
|
0021| Act and upon the assessed value of equipment in the school
|
0022| district as determined under the Oil and Gas Production
|
0023| Equipment Ad Valorem Tax Act.
|
0024| C. "Federal revenue", as used in this section,
|
0025| means ninety-five percent of receipts to the school district,
|
0001| excluding amounts [which] that, if taken into account in
|
0002| the computation of the state equalization guarantee
|
0003| distribution, result, under federal law or regulations, in a
|
0004| reduction in or elimination of federal school funding
|
0005| otherwise receivable by the school district, derived from the
|
0006| following:
|
0007| (l) the school district's share of forest
|
0008| reserve funds distributed in accordance with Section 22-8-33
|
0009| NMSA 1978; and
|
0010| (2) grants from the federal government as
|
0011| assistance to those areas affected by federal activity
|
0012| authorized in accordance with Sections 236 through 240 of
|
0013| Title 20 of the United States Code (commonly known as "PL 874
|
0014| funds") or an amount equal to the revenue the district was
|
0015| entitled to receive if no application was made for such funds
|
0016| but deducting from those grants the additional amounts to
|
0017| which school districts would be entitled because of the
|
0018| provisions of Subparagraph (D) of Paragraph (2) of Subsection
|
0019| (d) of Section 238 of Title 20 of the United States Code.
|
0020| D. To determine the amount of the state
|
0021| equalization guarantee distribution, the state superintendent
|
0022| shall:
|
0023| (l) calculate the number of program units to
|
0024| which each school district is entitled using the membership
|
0025| of the fortieth day of the school year, except for school
|
0001| districts with a MEM of 200 or less where the number of
|
0002| program units shall be calculated on the fortieth day
|
0003| membership of either the prior year or the current year,
|
0004| whichever is greater, for all programs except special
|
0005| education, which shall be calculated by using the membership
|
0006| on December 1 of the school year; or
|
0007| (2) calculate the number of program units to
|
0008| which a school district operating under an approved year-
|
0009| round school calendar is entitled using the membership on an
|
0010| appropriate date established by the state board;
|
0011| (3) using the results of the calculations in
|
0012| Paragraph (l) or (2) of this subsection and the instructional
|
0013| staff training and experience index from the October report
|
0014| of the prior school year establish a total program cost of
|
0015| the school district provided that, in the event additional
|
0016| grade levels are authorized by the state superintendent for a
|
0017| school district, that portion of the training and experience
|
0018| index reflecting instructional staff for the additional grade
|
0019| levels shall be calculated from the October payroll of the
|
0020| current year;
|
0021| (4) calculate the local and federal revenues
|
0022| as defined in this section;
|
0023| (5) deduct the sum of the calculations made
|
0024| in Paragraph (4) of this subsection from the program cost
|
0025| established in Paragraph (3) of this subsection; and
|
0001| (6) deduct the total amount of guaranteed
|
0002| energy savings contract payments that the state
|
0003| superintendent determines will be made to the school district
|
0004| from the public school energy efficiency fund during the
|
0005| fiscal year for which the state equalization guarantee
|
0006| distribution is being computed.
|
0007| E. The amount of the state equalization guarantee
|
0008| distribution to which a school district is entitled is the
|
0009| balance remaining after the deductions made in Paragraphs (5)
|
0010| and (6) of Subsection D of this section.
|
0011| F. The state equalization guarantee distribution
|
0012| shall be distributed prior to June 30 of each fiscal year.
|
0013| The calculation shall be based on the local and federal
|
0014| revenues specified in this section received from June l of
|
0015| the previous fiscal year through May 31 of the fiscal year
|
0016| for which the state equalization guarantee distribution is
|
0017| being computed. In the event that a district has received
|
0018| more state equalization guarantee funds than its entitlement,
|
0019| a refund shall be made by the district to the state general
|
0020| fund.
|
0021| G. Notwithstanding the methods of calculating the
|
0022| state equalization guarantee distribution in this section and
|
0023| Laws 1974, Chapter 8, Section 22, if a school district
|
0024| received funds under Section 2391 of Title 42 U.S.C.A. and if
|
0025| the federal government takes into consideration grants
|
0001| authorized by Sections 236 through 240 of Title 20 of the
|
0002| United States Code and all other revenues available to the
|
0003| school district in determining the level of federal support
|
0004| for the school district for the sixty-fourth and succeeding
|
0005| fiscal years, the state equalization guarantee distribution
|
0006| for school districts receiving funds under this subsection
|
0007| shall be computed as follows:
|
0008| fiscal year program cost prior fiscal year
|
0009| excluding special education state equalization
|
0010| for the year for which the x guarantee
|
0011| 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 (3) of Subsection D of this section and Section 22-8-
|
0018| 21 NMSA 1978 plus an amount that would be produced by applying a
|
0019| rate of eight dollars forty-two and one-half cents ($8.425) to
|
0020| each one thousand dollars ($l,000) of net taxable value of
|
0021| property as defined in the Property Tax Code for property
|
0022| taxation purposes in the school district and to each one thousand
|
0023| dollars ($l,000) of the assessed value of products severed and
|
0024| sold in the school district as determined under the Oil and Gas
|
0025| Ad Valorem Production Tax Act and upon the assessed value of
|
0001| equipment in the school district as determined under the Oil and
|
0002| Gas Production Equipment Ad Valorem Tax Act and then reduced by
|
0003| the total amount of guaranteed energy savings contract payments,
|
0004| if any, that the state superintendent determines will be made to
|
0005| the school district from the public school energy efficiency fund
|
0006| during the fiscal year for which the state equalization guarantee
|
0007| distribution is being computed, equals the fiscal year state
|
0008| equalization guarantee distribution for the year for which the
|
0009| state equalization guarantee distribution is being computed.
|
0010| If at any time grants from the federal government as
|
0011| assistance to those areas affected by federal activity authorized
|
0012| in accordance with Sections 236 through 240 of Title 20 of the
|
0013| United States Code (commonly known as "PL 874 funds") are reduced
|
0014| or are no longer available, the state equalization guarantee
|
0015| distribution shall be computed by the formula contained in this
|
0016| subsection plus an increase by fifty percent of the amount the
|
0017| prior year's PL 874 funds exceed PL 874 funds for the year for
|
0018| which the state equalization guarantee distribution is being
|
0019| computed."
|
0020| Section 3. APPROPRIATION.--Four hundred thousand dollars
|
0021| ($400,000) is appropriated from the general fund to the state
|
0022| department of public education in fiscal year 1997 for
|
0023| distribution to the Rio Rancho school district for the purpose of
|
0024| paying for the cost of instructional staff necessary for
|
0025| additional grade levels. Any unexpended or unencumbered balance
|
0001| remaining at the end of fiscal year 1997 shall revert to the
|
0002| general fund.
|
0003| Section 4. EMERGENCY.--It is necessary for the public peace,
|
0004| health and safety that this act take effect immediately.
|
0005|
|