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

RELATING TO SCHOOL VOUCHERS FOR ELEMENTARY AND SECONDARY EDUCATION; AUTHORIZING REDEMPTION OF VOUCHERS AT PUBLIC AND PRIVATE SCHOOLS; AMENDING AND ENACTING SECTIONS OF THE PUBLIC SCHOOL CODE.

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

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Elementary and Secondary School Voucher Act"."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] LEGISLATIVE FINDINGS AND PURPOSE.--

A. The legislature finds that:

(1) every family in New Mexico should have the option to take advantage of the best educational opportunities available to their school-age children;

(2) providing families in New Mexico a choice between schools leads to competition that benefits students and improves the quality of public schools;

(3) students should be allowed to improve their learning potential through educational opportunities that are best suited to their individual needs and interests; and

(4) low-income families should not be denied educational choices for their school-age children.

B. The purpose of the Elementary and Secondary School Voucher Act is to establish a voucher program that provides New Mexico's students the opportunity to attend their choice of public or private schools in order to best suit their individual needs and interests."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Elementary and Secondary School Voucher Act:

A. "family income" means "earned income" as defined in the New Mexico Works Act and includes the income of a student's parent or legal guardian who resides with the student at the student's principal residence;

B. "federal poverty guidelines" means the level of income defining poverty by family size published annually in the federal register by the United States department of health and human services;

C. "program" means the elementary and secondary school voucher program; and

D. "voucher" means an instrument issued to a qualifying parent through the department of education that can be used to educate his child at a public or eligible private school as defined in the Public School Code."

Section 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ADMINISTRATION OF THE PROGRAM--ADOPTING RULES.--

A. The department of education shall establish and bear the cost of administering the program.

B. The state board shall establish guidelines for the implementation and operation of the program.

C. A private school shall not be required to participate in the program.

D. The department of education, in cooperation with the school districts, shall embark on a public awareness campaign to inform the public about the program using the schools, other government agencies and the media."

Section 5. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELIGIBLE STUDENTS.--

A. A student who is a resident of New Mexico, 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 is eligible to participate in the program if the following criteria are met:

(1) for the four school years beginning in the years 2000 through 2003, the student resides in a class A county or a class B county with a population of greater than ninety-five thousand and a net taxable value for property taxation purposes of greater than two billion dollars ($2,000,000,000) and:

(a) for the school year beginning in the year 2000, the student's family income in 1999 does not exceed one hundred percent of the 1999 federal poverty guidelines;

(b) for the school year beginning in the year 2001, the student's family income in 2000 does not exceed one hundred eighty-five percent of the 2000 federal poverty guidelines;

(c) for the school year beginning in the year 2002, the student's family income in 2001 does not exceed two hundred thirty-five percent of the 2001 federal poverty guidelines; and

(d) for the school year beginning in the year 2003 and for all subsequent school years, the student resides in a class A or a class B county with a population of greater than ninety-five thousand and a net taxable value of more than two billion dollars ($2,000,000,000) without regard to family income;

(2) for the four school years beginning in the years 2004 through 2007, the student resides in a class B county not described in Paragraph (1) of this subsection and:

(a) for the school year beginning in the year 2004, the student's family income in 2003 does not exceed one hundred percent of the 2003 federal poverty guidelines;

(b) for the school year beginning in the year 2005, the student's family income in 2004 does not exceed one hundred eighty-five percent of the 2004 federal poverty guidelines;

(c) for the school year beginning in the year 2006, the student's family income in 2005 does not exceed two hundred thirty-five percent of the 2005 federal poverty guidelines; and

(d) for the school year beginning in the year 2007 and for all subsequent school years, the student resides in a class B county without regard to family income; and

(3) for the four school years beginning in the years 2008 through 2011, the student resides in any county not covered by Paragraph (1) or (2) of this subsection and:

(a) for the school year beginning in the year 2008, the student's family income in 2007 does not exceed one hundred percent of the 2007 federal poverty guidelines;

(b) for the school year beginning in the year 2009, the student's family income in 2008 does not exceed one hundred eighty-five percent of the 2008 poverty guidelines;

(c) for the school year beginning in the year 2010, the student's family income in 2009 does not exceed two hundred thirty-five percent of the 2009 poverty guidelines; and

(d) for the school year beginning in the year 2011 and for all subsequent school years, all students residing in a county not covered by Paragraph (1) or (2) of this subsection shall be eligible to participate in the program.

B. A New Mexico student who is not otherwise eligible to receive a voucher pursuant to Subsection A of this section is eligible to participate in the program for the school year beginning in the year 2011 and for all subsequent school years.

C. A student who receives a voucher pursuant to the Elementary and Secondary School Voucher Act shall participate in the testing required by Subsection B of Section 22-1-6 NMSA 1978. The testing shall be administered by the school district in which the student who receives the voucher resides."

Section 6. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELIGIBLE PRIVATE SCHOOLS.--

A. To be eligible to participate in the program, a private school shall:

(1) register with the superintendent of the school district in which the private school is located as an eligible private school;

(2) maintain or develop antidiscrimination policies to prevent discrimination on the basis of race, color, national origin or ancestry; and

(3) develop policies that do not discriminate against students who are recipients of elementary and secondary school vouchers.

B. A private school that accepts students that are participants in the program shall not be required to comply with rules that apply to public schools promulgated by either the state board or the local school board."

Section 7. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PROCEDURES FOR USING VOUCHERS.--

A. A parent may use a voucher to enroll his child in a public school outside of the school district in which the child resides.

B. A school district shall adopt specific, written standards for acceptance and rejection of vouchers provided for in the Elementary and Secondary School Voucher Act to be used for enrollment in public schools based on the capacity of a program, class size, grade level or school buildings.

C. Not earlier than February 15 and not later than May 15 prior to the beginning of a school year, a student's parent or legal guardian may apply to the school district superintendent of the district in which the student resides to participate in the program. The school district superintendent may waive the application deadline. The application shall contain the following information:

(1) the student's name and address;

(2) the student's date of birth;

(3) the student's social security number;

(4) the student's school attendance zone;

(5) the student's grade level;

(6) the name and address of the student's parent or legal guardian who is residing with the child;

(7) for a parent or legal guardian who resides with the student at the student's principal residence, when required by the school district superintendent, proof of income eligibility through copies of:

(a) the student's, parent's or legal guardian's three most recent paycheck receipts for all employment;

(b) a signed statement by the parent's or legal guardian's employer indicating his weekly, biweekly or annual net earnings; or

(c) a signed statement by the parent or legal guardian that he is self-employed and that indicates his annual net earnings and a copy of his most recent income tax return;

(8) whether the student was enrolled in a class A, B, C or D special education program in the prior school year or, for a child entering school for the first time, whether the child has a diagnosed developmental disability or learning disorder;

(9) whether the student speaks a language other than English as his principal language; and

(10) the name, tuition, fees and address of the public or private school to which the student intends to apply.

D. No later than thirty days after the application is received, the school district superintendent receiving an application shall act on it, notify the parent or legal guardian of the value of the voucher and issue the voucher if the application is approved.

E. The voucher shall be issued to the student by July 1 in the care of the student's parent or legal guardian. The voucher shall not be issued to the private school or school district containing the public school that the student chooses to attend. The student or the student's parent or legal guardian shall submit the voucher to the selected private school.

F. The student and his parent or legal guardian shall solely select the public or private school the student chooses to attend. The state shall not decide which school a student may attend. The state shall not advise or influence the student's selection of a school.

G. Not later than August 15 of each year, the local school district superintendent shall report to the department of education the ages, school attendance zones and voucher values of students participating in the program."

Section 8. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] VOUCHERS--REDEMPTION.--

A. The value of the voucher 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 and a proportionate per student amount for transportation expenses if the student had attended a public school in his school attendance zone, 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 funding. The department of education shall calculate the value of a student's voucher using the state equalization guarantee distribution formula.

B. Subject to the value of the voucher set forth in Subsection A of this section, the voucher 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 educating the student presenting the voucher is greater than the tuition and fees charged, in which case the value of the voucher shall not exceed those costs.

C. Within fifteen days after receiving a voucher, a private school shall, in writing, certify the enrollment of the student named on the voucher and shall, in writing, certify the amount of tuition and fees charged by the private school to the department of education.

D. A private school or public school located outside of the student's attendance zone shall redeem the value of the voucher from the school district issuing it in the following installments: twenty-five percent of the value determined in Subsection A of this section in September; twenty-five percent of the value determined in Subsection A of this section in November; twenty-five percent of the value determined in Subsection A of this section in February; and twenty-five percent of the value determined in Subsection A of this section in May. The installments shall be paid on the first day of the applicable month.

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, in writing, notify the school district that issued the voucher, and the voucher redemption shall cease.

F. If a 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, in writing, notify the local school district. Upon receipt of proof of enrollment in another private school and certification of tuition and fees charged by the new private school, the remaining scholarship redemption installments shall be made to the new private school. Upon proof of enrollment in a public school, the remaining redemption installments shall be made to the school district in which the public school is located."

Section 9. Section 22-8-2 NMSA 1978 (being Laws 1978, Chapter 128, Section 3, as amended) is amended to read:

"22-8-2. DEFINITIONS.--As used in the Public School Finance Act:

A. "ADM" or "MEM" means membership;

B. "membership" means the total enrollment of qualified students on the current roll of a class or school on a specified day and all students who have qualified for receipt of vouchers for use in private schools pursuant to the Elementary and Secondary School Voucher Act. The current roll is established by the addition of original entries and reentries minus withdrawals. Withdrawals of students, in addition to students formally withdrawn from the public school, include students absent from the public school for as many as ten consecutive school days;

C. "basic program ADM" or "basic program MEM" means the MEM of qualified students but excludes the full-time-equivalent MEM in early childhood education and three- and four-year-old students receiving special education services;

D. "cost differential factor" is the numerical expression of the ratio of the cost of a particular segment of the school program to the cost of the basic program in grades four through six;

E. "department" or "division" means the state

department of public education;

F. "early childhood education ADM" or "early childhood education MEM" means the full-time-equivalent MEM of students attending approved early childhood education programs;

G. "full-time-equivalent ADM" or "full-time- equivalent MEM" is that membership calculated by applying to the MEM in an approved public school program the ratio of the number of hours per school day devoted to the program to six hours or the number of hours per school week devoted to the program to thirty hours;

H. "operating budget" means the annual financial plan required to be submitted by a local school board;

I. "program cost" is the product of the total number of program units to which a school district is entitled multiplied by the dollar value per program unit established by the legislature;

J. "program element" is that component of a public school system to which a cost differential factor is applied to determine the number of program units to which a school district is entitled, including but not limited to MEM, full-time-equivalent MEM, teacher, classroom or public school;

K. "program unit" is the product of the program element multiplied by the applicable cost differential factor;

L. "public money" or "public funds" means all money from public or private sources received by a local school board or officer or employee of a local school board for public use;

M. "qualified student" means a public school student who:

(1) has not graduated from high school;

(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the state board for public school students; and

(3) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or

(4) is at least three years of age at any time during the school year and is receiving special education services pursuant to regulation of the state board; or

(5) has not reached his twenty-second birthday on the first day of the school year and is receiving special education services pursuant to regulation of the state board; and

N. "state superintendent" means the superintendent of public instruction or his designee."