2005 House Bill text for HB0003

HOUSE BILL 3

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".

Section 2. DEFINITIONS.--As used in the Education Appropriation Act:

A. "federal funds" means any payments by the United States government to state government or state agencies for specific purposes or in lieu of taxes, including grants, reimbursements and payments made in accordance with contracts or cooperative agreements, and shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 USCA 1221-1264), as amended;

B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes federal Mineral Lands Leasing Act receipts; and

C. "other state funds" means:

(1) unencumbered nonreverting balances in state agency accounts, other than in internal service funds accounts, appropriated by the Education Appropriation Act;

(2) all revenue available to state agencies from sources other than the general fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement.

Section 3. FORMAT.--The general format of the appropriations set forth in the Education Appropriation Act with respect to symbols used, column headings and amounts stated are those used in the General Appropriation Act of 2005.

Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 2006 shall be:

PUBLIC SCHOOL SUPPORT:

(1) State equalization guarantee: 1,962,526.8 1,300.0 1,963,826.8

(2) Transportation distributions:

Appropriations: 100,053.1 100,053.1

The general fund appropriation to the transportation distribution includes sufficient funds for a one and one-quarter percent salary increase for transportation employees effective July 1, 2005.

(3) Supplemental distributions:

(a) Out-of-state tuition 380.0 380.0

(b) Emergency 2,000.0 2,000.0

Subtotal 2,380.0 2,380.0

The rate of distribution of the state equalization guarantee distribution shall be based on a program unit value determined by the secretary of public education. The secretary shall establish a preliminary unit value to establish budgets for the 2005-2006 school year; and then upon verification of the number of units statewide for fiscal year 2006 but no later than January 31, 2006, the secretary of public education may adjust the program unit value.

The general fund appropriation for the state equalization guarantee distribution contains sufficient funding to provide a one and one-quarter percent salary increase for teachers, except those receiving salary increases from minimum salary requirements of three-tiered licensure, other instructional staff, and other certified staff and noncertified staff, effective July 1, 2005.

The general fund appropriation for the state equalization guarantee distribution contains sufficient funding to provide a three-quarter percent increase in the employer contribution to the education retirement fund.

For the 2005-2006 school year, the state equalization guarantee distribution contains sufficient funding for school districts implementing a formula-based program for the first time. Those districts shall use current year membership in the calculation of program units for the new formula-based program.

The general fund appropriation in the state equalization guarantee distribution reflects the deduction of federal revenues pursuant to Paragraph (2) of Subsection C of Section 22-8-25 NMSA 1978 that includes payments commonly known as "impact aid funds" pursuant to 20 USCA 7701 et seq., formerly known as "P.L. 874 funds".

The general fund appropriation to the public school fund shall be reduced by the amounts transferred to the public school fund from the current school fund and from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts otherwise unappropriated.

Any unexpended or unencumbered balance in the distributions authorized remaining at the end of fiscal year 2006 from appropriations made from the general fund shall revert to the general fund.

INSTRUCTIONAL MATERIAL FUND: 32,324.8 32,324.8

The appropriation to the instructional material fund is made from the federal Mineral Lands Leasing Act (30 USCA 181, et seq.) receipts.

EDUCATIONAL TECHNOLOGY FUND: 5,000.0 5,000.0

INCENTIVES FOR SCHOOL IMPROVEMENT

FUND: 1,600.0 1,600.0

FEDERAL FLOW THROUGH: 352,000.0 352,000.0

TOTAL PUBLIC SCHOOL SUPPORT: 2,103,884.7 1,300.0 352,000.0 2,457,184.7

PUBLIC EDUCATION DEPARTMENT:

The purpose of public school support is to carry out the mandate to establish and maintain a uniform system of free public schools sufficient for the education of and open to all children of school age in the state.

Performance measures:

(a) Outcome: Percent of fourth grade students who achieve proficiency or above on the criterion referenced assessments in reading/language arts 61%

(b) Outcome: Percent of eight grade students who achieve proficiency or above on the criterion referenced assessments in reading/language arts 65%

(c) Outcome: Percent of fourth grade students who achieve proficiency or above on the criterion referenced assessments in mathematics 67%

(d) Outcome: Percent of eighth grade students who achieve proficiency or above on the criterion referenced assessments in mathematics 62%

(e) Quality: Percent of classes being taught by "highly qualified" teachers in high-poverty schools 90%

(f) Quality: Percent of classes being taught by "highly qualified" teachers in all schools across the state 92%

(g) Quality: Percent of stakeholders who rate their involvement with public elementary schools as positive 91%

(h) Quality: Percent of stakeholders who rate their involvement with public middle schools as positive 88%

(i) Quality: Percent of stakeholders who rate their involvement with public high schools as positive 85%

Subtotal 1,943,406.4

(1) Administration:

(a) Personal services

and employee benefits 10,378.7 253.6 0.0 6,795.5 17,427.8

(b) Contractual services 351.6 57.2 0.0 8,666.8 9,075.6

(d) Other financing uses 0.0 0.0 288.5 288.5

Subtotal 11,636.2 671.7 0.0 16,944.5 29,252.4

Authorized FTE: 197.2 Permanent; 94.0 Term 94.0 Temporary 2.6

(2) Apprenticeship assistance: 650.0 650.0

PUBLIC EDUCATION DEPARTMENT SPECIAL APPROPRIATIONS:

(a) Beginning teacher

induction and mentorship 900.0 900.0

(b) Family and youth services 1,800.0 1,800.0

(d) Teacher loan for service 386.5 386.5

(e) Indian Education Act 2,500.0 2,500.0

(f) Kindergarten plus 100.0 100.0

Subtotal 6,068.1 6,068.1

The appropriation for family and youth services shall be to fund programs pursuant to the Family and Youth Resource Act. The appropriation for teacher loan for services shall be transferred to the commission on higher education.

REGIONAL EDUCATION COOPERATIVES:

(1) Central 5 (Albuquerque) 2,000.0 2,006.0 4,006.0

(2) High Plains 3 (Raton) 1,571.0 1,741.0 3,312.0

(3) Region 9 (Ruidoso) 2,059.0 5,189.0 7,248.0

(4) Northwest 2 (Gallina) 0.0 1,593.0 1,593.0

(5) Northeast 4 (Las Vegas) 125.0 2,165.0 2,290.0

(6) Region 6 (Clovis) 100.0 1,417.0 1,517.0

(7) Lea #7 (Hobbs) 0.0 3,378.0 3,378.0

(8) Pecos Valley 8 (Artesia) 1,929.0 2,328.0 4,257.0

(9) Southwest 10 (Truth or Consequences) 500.0 4,000.0 4,500.0

Subtotal 8,284.0 23,817.0 32,101.0

Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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