SENATE BILL 563
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Joseph Cervantes
AN ACT
RELATING TO PUBLIC SCHOOLS; INCREASING THE MINIMUM INSTRUCTIONAL HOURS AND DAYS IN A SCHOOL YEAR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:
"22-2-8.1. SCHOOL YEAR--[LENGTH OF SCHOOL DAY] MINIMUM INSTRUCTIONAL HOURS AND DAYS.--
[A. Except as otherwise provided in this section, regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:
(1) kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs, five and one-half hours per day or nine hundred ninety hours per year;
(2) grades one through six, five and
one-half hours per day or nine hundred ninety hours per year; and
(3) grades seven through twelve]
A. In a school year, public school students shall be in educational programs, exclusive of lunch, for the following minimum instructional hours:
(1) for students in kindergarten through fifth grade, five and one-half hours per day or one thousand one hundred twenty-seven and one-half instructional hours in two hundred five days; and
(2) for students in sixth through twelfth grades, six hours per day or one thousand eighty hours per year.
B. For a school that follows a regular school year calendar, a school year consists of a minimum of two hundred five instructional days for kindergarten through fifth grade that provide the minimum instructional hours established in Paragraph (1) of Subsection A of this section as evenly spaced in a balanced calendar as practicable. For a school that follows a variable school calendar pursuant to the Variable School Calendar Act, the department shall approve a school's requested length and number of instructional days in a school year that provides the minimum instructional hours established in Paragraph (1) of Subsection A of this section as evenly spaced in a balanced calendar as practicable.
C. The following programs may count toward the calculation of the minimum instructional hours in a school year:
[B.] (1) up to thirty-three hours of the [full-day] kindergarten program [may be used] for home visits by the teacher or for parent-teacher conferences;
(2) up to twenty-two hours of [grades one through six] first through sixth grade programs [may be used] for home visits by the teacher or for parent-teacher conferences; and
(3) up to twelve hours of [grades seven through twelve] seventh through twelfth grade programs [may be used] to consult with parents to develop next step plans for students and for parent-teacher conferences.
D. Days or hours when no instruction is given due to weather, in-service training, teacher planning and preparation or other events that are not educational programs or other programs set forth in Subsection C of this section shall not count toward the calculation of minimum instructional hours and days.
[C.] E. Nothing in this section precludes a local school board from [setting a school year or the length of school days in excess of] increasing the number of minimum [requirements] instructional hours and days established [by Subsection A of] in this section.
[D. The secretary may waive the minimum length of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as other students in the state.
G.] F. Notwithstanding any other provision of this section, provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to a state or federal program shall be deemed to be time in a school-directed program [and is part of the instructional day] that counts toward the calculation of minimum instructional hours."
SECTION 2. Section 22-8-19 NMSA 1978 (being Laws 1974, Chapter 8, Section 9, as amended) is amended to read:
"22-8-19. EARLY CHILDHOOD EDUCATION PROGRAM UNITS.--
A. The number of early childhood education program units is determined by multiplying the early childhood education MEM by the cost differential factor [1.44. Early childhood education students enrolled in half-day kindergarten programs shall be counted for 0.5 early childhood MEM] 1.74. Early childhood education students enrolled in [full-day] kindergarten programs shall be counted for 1.0 early childhood education MEM.
B. For the purpose of calculating early childhood education program units, developmentally disabled three- and four-year-old students shall be counted in early childhood education membership. No developmentally disabled three- or four-year-old student shall be counted for more than 0.5 early childhood education MEM."
SECTION 3. Section 22-8-20 NMSA 1978 (being Laws 1991, Chapter 85, Section 3, as amended by Laws 1993, Chapter 2, Section 1 and by Laws 1993, Chapter 226, Sections 21 and 22 and also by Laws 1993, Chapter 228, Sections 2 and 3) is amended to read:
"22-8-20. BASIC PROGRAM UNITS.--The number of basic program units is determined by multiplying the basic program MEM in each grade by the corresponding cost differential factor as follows:
Grades Cost Differential Factor
1 [1.2] 1.5
2 and 3 [1.18] 1.48
4 through [6] 5 [1.045] 1.075
[7] 6 through 12 [1.25] 1.55."
SECTION 4. APPLICABILITY.--The provisions of this act apply to the 2017-2018 and subsequent school years.
SECTION 5. CONTINGENT EFFECTIVE DATE.--The provisions of this act shall become effective upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the first session of the fifty-second legislature entitled "A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE 12, SECTION 7 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR AN ADDITIONAL DISTRIBUTION FROM THE LAND GRANT PERMANENT FUND TO IMPLEMENT AND MAINTAIN A LONGER SCHOOL YEAR FOR PUBLIC SCHOOL STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE.".
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