RELATING TO PUBLIC SCHOOL FINANCE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 PERTAINING TO PROGRAM COST CALCULATION; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended) is amended to read:

"22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD RESPONSIBILITY.--

A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) through (4) of this subsection by the instruction staff training and experience index and adding the program units itemized as Paragraphs (5) through (9) of this subsection. The itemized program units are as follows:

(1) early childhood education;

(2) basic education;

(3) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

(4) bilingual multicultural education;

(5) size adjustment;

(6) at-risk program;

(7) enrollment growth or new district adjustment;

(8) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers; and

(9) national board for professional teaching standards certification.

B. The total program cost calculated as prescribed in Subsection A of this section includes the cost of early childhood, special, bilingual multicultural and vocational education and other remedial or enrichment programs. It is the responsibility of the local school board to determine its priorities in terms of the needs of the community served by that board. Funds generated under the Public School Finance Act are discretionary to local school boards if the special program needs as enumerated in this section are met."

Section 2. A new section of the Public School Finance Act, Section 22-8-23.4 NMSA 1978, is enacted to read:

"22-8-23.4. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS--CERTIFIED TEACHERS PROGRAM UNITS.--The number of program units for teachers certified by the national board for professional teaching standards is determined by multiplying by one and one-half the number of certified school instructors who are also verified by the department as certified by the national board for professional teaching standards and employed by the school district on or before the fortieth day of the school year. Department approval of the program units shall be contingent on verification by the school district that the teachers who are certified by the national board for professional teaching standards are receiving a one-time salary differential equal to or greater than the amount generated by the program units multiplied by the program unit value during the fiscal year in which the school district will receive the units."

Section 3. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2000 to provide teachers who are certified by the national board for professional teaching standards with a one-time salary increase. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.

Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.