45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EDUCATION; AMENDING SECTIONS OF THE TECHNOLOGY FOR EDUCATION ACT TO ALLOW ACCREDITED PRIVATE SCHOOLS TO RECEIVE A DISTRIBUTION FROM THE EDUCATIONAL TECHNOLOGY FUND; CLARIFYING THE DEFINITION OF EDUCATIONAL TECHNOLOGY.

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

Section 1. A new section of the Technology for Education Act is enacted to read:

"[NEW MATERIAL] PRIVATE SCHOOLS--ELIGIBILITY.--

A. A qualified student, as defined in the Public School Finance Act, or person eligible to become a qualified student attending an accredited private school in a grade from kindergarten through twelfth grade of instruction is entitled to the free use of software technology.

B. Software technology shall be distributed to accredited private schools as agents for the benefit of students entitled to the free use of the software technology.

C. An accredited private school is responsible for distribution of the software technology for use by eligible students and for the safekeeping of the software technology."

Section 2. A new section of the Technology for Education Act is enacted to read:

"[NEW MATERIAL] ACCREDITED PRIVATE SCHOOLS--DUTIES.--In order to foster a cooperative working relationship with the department of education and the bureau, accredited private schools shall:

A. establish and implement an effective review and monitoring process by their own staff members and experts in the field of educational technology;

B. develop comprehensive educational technology plans in accordance with bureau rules;

C. conduct regular self-assessments of their particular educational technology plans to ensure that the burdens on the bureau are minimized in its administration of the provisions of the Technology for Education Act;

D. cooperate with the activities and requirements of the bureau and the council;

E. promote collaboration among the accredited private school community and governments, business organizations, educational organizations and telecommunications entities to expand and improve the use of technology in education; and

F. participate in a periodic review of the working relationship between the department of education, the bureau and the accredited private school community to ensure that the provisions of the Technology for Education Act are being met."

Section 3. Section 22-15A-2 NMSA 1978 (being Laws 1994, Chapter 96, Section 2) is amended to read:

"22-15A-2. DEFINITIONS.--As used in the Technology for Education Act:

A. "accredited private school" means a school that has been accredited in compliance with a state board-approved process and accrediting agency;

[A.] B. "bureau" means the education technology bureau in the department of education;

[B.] C. "chief" means the chief of the bureau;

[C.] D. "council" means the council on technology in education; [and

D.] E. "educational technology" means tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and [CD ROM] CD-ROM discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in classrooms and library and media centers; and

F. "software technology" means computer software, video and audio laser and CD-ROM discs or video and audio tapes used to enhance learning by students and that do not purport to teach religious tenets, doctrines or worship."

Section 4. Section 22-15A-4 NMSA 1978 (being Laws 1994, Chapter 96, Section 4) is amended to read:

"22-15A-4. BUREAU DUTIES.--In accordance with the policies and [regulations] rules of the state board, the bureau shall:

A. administer the provisions of the Technology for Education Act;

B. develop a statewide plan for the integration of educational technology into the public schools and accredited private schools and coordinate technology-related education activities with other state agencies, the federal government, business consortia and public or private agencies or individuals;

C. assist school districts and accredited private schools to develop and implement a strategic, long-term plan for utilizing educational technology in the school system;

D. upon approval of a school district's or accredited private school's technology plan, make distributions to school districts or accredited private schools from the educational technology fund;

E. recommend funding mechanisms that will support the development and maintenance of an effective educational technology infrastructure in the state;

F. promote collaboration among government, business, educational organizations and telecommunications entities to expand and improve the use of technology in education;

G. assess and determine the educational technology needs of school districts and accredited private schools; and

H. provide staff support for and coordinate the activities of the council."

Section 5. Section 22-15A-6 NMSA 1978 (being Laws 1994, Chapter 96, Section 6) is amended to read:

"22-15A-6. COUNCIL MEMBERSHIP.--

A. The council shall be composed of seventeen members. Members shall be appointed by the state board for terms of four years. As designated by the state board at the time of initial appointment, the terms of five members shall expire at the end of two years, the terms of five members shall expire at the end of three years and the terms of seven members shall expire at the end of four years.

B. When appointing members, the state board shall appoint:

(1) one member who shall have expertise in state government;

(2) three members who shall have expertise in school district administration;

(3) two members who shall have expertise in providing instructional services in post-secondary, technical-vocational or adult education;

(4) three members who shall have expertise in providing instructional services in elementary or secondary schools;

(5) two members who shall be parents of school-age children;

(6) one member who shall be a [public school] secondary student in a public or accredited private school;

(7) three members who shall have expertise in educational technology; [and]

(8) [two members] one member at large; and

(9) one member who has expertise in accredited private schooling.

C. In making appointments to the council, the state board shall give due consideration to geographic origin, gender and ethnicity to achieve a membership representative of the [geographic and] cultural diversity of New Mexico.

D. Members of the council shall elect a chairman from among the membership. The council shall meet at the call of the chairman not less than quarterly.

E. Members of the council shall receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance."

Section 6. Section 22-15A-7 NMSA 1978 (being Laws 1994, Chapter 96, Section 7) is amended to read:

"22-15A-7. COUNCIL DUTIES.--The council shall:

A. advise the bureau on implementation of the provisions of the Technology for Education Act;

B. work with the bureau to conduct periodic assessments of the need for educational technology in the public school system and in accredited private schools and make recommendations to the state board on how to meet those needs;

C. promote the collaborative development and implementation of educational technologies, projects and practices to enhance instruction capabilities;

D. develop and recommend to the state board a statewide plan to infuse educational technology into the public school system and in accredited private schools in support of state and national education goals; and

E. provide assistance to the bureau in review of school district and accredited private school technology plans."

Section 7. Section 22-15A-9 NMSA 1978 (being Laws 1994, Chapter 96, Section 9, as amended) is amended to read:

"22-15A-9. EDUCATIONAL TECHNOLOGY FUND--DISTRIBUTION.--

A. Upon annual review and approval of a school district's or accredited private school's educational technology plan, the bureau shall determine a separate distribution from the educational technology fund for each school district or accredited private school.

B. On or before July 31 of each year, the bureau shall distribute money in the educational technology fund directly to each school district or accredited private school in an amount equal to ninety percent of the district's or accredited private school's estimated adjusted entitlement calculated pursuant to Subsection C of this section. A school district's or accredited private school's unadjusted entitlement is that portion of the total amount of the annual appropriation that the projected membership bears to the projected membership of the state. Public kindergarten or kindergarten students in accredited private school membership shall be calculated on a one-half full-time equivalent basis.

C. After calculation of a school district's unadjusted entitlement as provided in Subsection B of this section, the bureau shall calculate a base allocation for each school district by multiplying the total annual appropriation by a base equity factor of seventy-five thousandths of one percent. The adjusted entitlement amount for each school district whose entitlement falls at or below the base allocation amount shall be an amount equal to the base allocation. The bureau shall then subtract from the total annual appropriation amount the total of the adjusted entitlement amounts calculated for distribution to those school districts that will receive the base allocation amounts and subtract from the total projected state membership the membership of those school districts that will receive the base allocation amount. The adjusted entitlement amount for each of the remaining school districts shall be the amount of the adjusted annual appropriation that the projected membership of each remaining district bears to the projected membership of all remaining districts.

D. On or before January 30 of each year, the bureau shall recompute each adjusted entitlement using the final funded membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-projection of membership.

E. Any school district or accredited private school receiving funding pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology.

F. As used in this section, "membership" means the total enrollment of qualified students, as defined in the Public School Finance Act, or enrollment in an accredited private school on the current roll of class or school on a specified day. The current roll is established by the addition of original entries and re-entries minus withdrawals. Withdrawal of students, in addition to students formally withdrawn from the public school or accredited private school, includes students absent from the public school or accredited private school for as many as ten consecutive school days."

Section 8. Section 22-15A-10 NMSA 1978 (being Laws 1994, Chapter 96, Section 10) is amended to read:

"22-15A-10. ANNUAL REPORT.--Annually, at a time specified by the department of education, each local school district or accredited private school receiving distributions from the educational technology fund shall file a report with the department of education regarding distributions received, expenditures made and educational technology obtained by the district or accredited private school and such other related information as may be required by the department of education."