44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; ENACTING THE PILOT NEW MEXICO WORKS VOUCHER PROGRAM ACT; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Pilot New Mexico Works Voucher Program Act".

Section 2. DEFINITIONS.--As used in the Pilot New Mexico Works Voucher Program Act:

A. "department" means the department of finance and administration;

B. "department of education" means the state department of public education;

C. "private school" means a school located within the school district offering on-site programs of instruction not under the control, supervision or management of a local school board, exclusive of home instruction offered by the parent, guardian or one having custody of the student;

D. "program" means a program created pursuant to the Pilot New Mexico Works Voucher Program Act;

E. "public school" means that part of the school district that is a single attendance center where instruction is offered by a certified school instructor or a group of certified school instructors and is discernable as a building or group of buildings generally recognized as either an elementary, secondary, junior high or middle school or high school or any combination;

F. "school board" means the Albuquerque public school board;

G. "school district" means the Albuquerque school district;

H. "student" means a person who resides within the school district and is at least five years of age prior to 12:01 a.m., September 1 of the school year or is a developmentally disabled three- or four-year-old child; and

I. "voucher note" means a note that will be issued to a student's parent or legal guardian through the department.

Section 3. ADMINISTRATION--PUBLIC AWARENESS--RULES--ELIGIBILITY.--

A. The department shall establish and administer a pilot program pursuant to the Pilot New Mexico Works Voucher Program Act to provide voucher notes to students who reside in the school district. The pilot program shall run from July 1, 1999 to June 30, 2000. The school board shall promulgate rules to implement and operate the program. The department and the school district shall report to the legislature by November 15, 2000 on the outcome of the pilot program.

B. The department and the school district shall embark on a public awareness campaign to inform the public about the program using private and public schools, other government agencies and the media.

C. A student is eligible to participate in the program if his family is eligible to receive cash assistance or services pursuant to the New Mexico Works Act.

D. The human services department shall provide to a participant as defined in the New Mexico Works Act written certification that he is eligible to receive cash assistance or services upon request.

Section 4. ISSUANCE AND USAGE OF VOUCHER NOTES.--

A. The parent or legal guardian of a student shall notify the school district that he wants to receive a voucher note on behalf of the student. The parent or legal guardian shall provide the school district certification that he is a participant pursuant to the New Mexico Works Act.

B. The parent or legal guardian of a student may use a voucher note to enroll the student in any public or private school located within the school district.

C. The student and his parent or legal guardian shall solely select the public or private school the student chooses to attend.

D. If a student selects a private school, his parent or legal guardian shall be responsible to transport the student to school. The school district shall promulgate rules to provide transportation services to those students who select public schools.

Section 5. VOUCHER NOTES--REDEMPTION.--

A. The value of the voucher note shall be equal to the amount of money generated by the student through the state equalization guarantee distribution provided in the Public School Finance Act excluding any size or training and experience adjustment for the school district or the public school. The value of the voucher shall also include a proportionate allocation for the local school district's at-risk and special education funding.

B. The department of education shall calculate the value of a student's voucher note using the state equalization guarantee distribution formula and shall provide that information to the department.

C. The voucher note redemption value shall not exceed the tuition and fees charged by a private school for students not participating in the program unless the cost of education of the student presenting the voucher note is greater than the tuition and fees charged, in which case the value of the voucher note shall not exceed those costs.

D. A private school or school district shall redeem the value of the voucher note from the department of education on the first day of the applicable month in the following installments:

(1) twenty-five percent of the value in September;

(2) twenty-five percent of the value in November;

(3) twenty-five percent of the value in February; and

(4) twenty-five percent of the value in May.

E. If a private school disenrolls a student during the school year or if the student is absent for ten consecutive days without explanation from his parent or legal guardian, the private school shall notify the department and the voucher redemption shall cease.

F. If a student's parent or legal guardian disenrolls a student from a private school and enrolls the student in another private school or in a public school during the school year, the parent or legal guardian shall notify the department. Upon receipt of proof of enrollment in another private or public school, the remaining redemption installments shall be made to the new private or public school.

Section 6. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2000 to fund the Pilot New Mexico Works Voucher Program Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.