RELATING TO EDUCATION; CREATING THE SCHOOL LIBRARY MATERIAL FUND AND REQUIRING THE INSTRUCTIONAL MATERIAL BUREAU OF THE STATE DEPARTMENT OF PUBLIC EDUCATION TO ADMINISTER THE FUND; ESTABLISHING REQUIREMENTS FOR ADMINISTRATION AND DISTRIBUTION OF THE FUND; ESTABLISHING REQUIREMENTS FOR THE SALE, LOSS OR RETURN OF SCHOOL LIBRARY MATERIAL; REQUIRING SCHOOL DISTRICTS AND STATE INSTITUTIONS TO KEEP RECORDS OF SCHOOL LIBRARY MATERIAL.
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:
"SHORT TITLE.--This act may be cited as the "School Library Material Act"."
Section 2. A new section of the Public School Code is enacted to read:
"DEFINITIONS.--As used in the School Library Material Act:
A. "additional student" means a student in the certified forty-day membership of the current year for a school district or state institution above the number certified in the forty-day membership of the prior year for the school district or state institution;
B. "bureau" means the instructional material bureau of the department of education;
C. "fund" means the school library material fund;
D. "library material processing" means cataloging of school library material, including in electronic format, according to nationally accepted standards, and the application of bar code labels and call-number classification labels to the material;
E. "membership" means the total enrollment of qualified students on the fortieth day of the school year entitled to the free use of school library material pursuant to the School Library Material Act;
F. "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; and
G. "school library material" means books and other educational media, including online reference and periodical databases, that are made available in a school library to students for circulation and use in the library."
Section 3. A new section of the Public School Code is enacted to read:
"SCHOOL LIBRARY MATERIAL FUND--CREATION.--The "school library material fund" is created in the state treasury. The purpose of the fund is to provide an account from which the department of education may distribute money to school districts and state institutions to pay for the cost of purchasing school library material. The cost of purchasing school library material may include shipping and handling charges for the delivery of school library material. The fund shall consist of appropriations, gifts, grants, donations and bequests. Money in the fund shall be appropriated to the department of education to pay for the cost of purchasing school library material. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the state superintendent or his designated representative. Money in the fund shall not revert to the general fund at the end of a fiscal year."
Section 4. A new section of the Public School Code is enacted to read:
"ADMINISTRATION OF THE SCHOOL LIBRARY MATERIAL FUND--BUREAU--DUTIES.--Subject to the policies and rules of the state board, the bureau shall:
A. administer the provisions of the School Library Material Act;
B. enforce rules for the handling, safekeeping and distribution of school library material and money from the fund;
C. enforce inventory and accounting procedures to be followed by school districts and state institutions; and
D. withdraw or withhold the privilege of participating in the free use of school library material in case of noncompliance with the provisions of the School Library Material Act or rules adopted pursuant to that act."
Section 5. A new section of the Public School Code is enacted to read:
"STUDENTS ELIGIBLE--DISTRIBUTION.--
A. A qualified student or person eligible to become a qualified student attending a public school or a state institution in a grade from the first through the twelfth grade of instruction is entitled to the free use of school library material. A student enrolled in an early childhood education program as defined in Section 22-13-3 NMSA 1978 is also entitled to the free use of school library material.
B. A school district or state institution shall purchase school library material as an agent for the benefit of students entitled to the free use of school library material.
C. A school district or state institution receiving school library material pursuant to the School Library Material Act is responsible for circulation of the school library material for use by eligible students and for the safekeeping of the school library material."
Section 6. A new section of the Public School Code is enacted to read:
"DISTRIBUTION OF MONEY FOR SCHOOL LIBRARY MATERIAL.--
A. On or before July 1 of each year, the department of education shall distribute from the fund at least ninety percent of the estimated entitlement for each school district or state institution as determined from the estimated forty-day membership for the next school year to each school district and state institution. The entitlement of a school district or state institution is the portion of the total amount of the annual appropriation less a deduction for a reasonable reserve for emergency expenses that its forty-day membership bears to the forty-day membership of the entire state. Additional students shall be counted as six students for the purpose of the allocation.
B. On or before January 15 of each year, the department of education shall recompute each entitlement using the forty-day membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-estimation made in the first allocation.
C. The department of education shall establish procedures to distribute funds directly to school districts and state institutions.
D. A school district or state institution that has funds remaining for the purchase of school library material at the end of a fiscal year shall retain those funds for expenditure in subsequent years."
Section 7. A new section of the Public School Code is enacted to read:
"SALE OR LOSS OR RETURN OF SCHOOL LIBRARY MATERIAL.--
A. With the approval of the bureau, school library material acquired by a school district or state institution pursuant to the School Library Material Act may be sold at a price determined by officials of the school district or state institution. The selling price shall not exceed the cost of school library material to the state.
B. A school district or state institution may hold a parent, guardian or student responsible for loss, damage or destruction of school library material while the school library material is in the possession of a student. A school district may withhold the grades, diploma and transcripts of a student responsible for damage or loss of school library material until the parent, guardian or student has paid for the damage or loss. When a parent, guardian or student is unable for pay for the damage or loss, the school district shall work with the parent, guardian or student to develop an alternative program in lieu of payment. Where a parent or guardian is determined to be indigent according to guidelines established by the state board, the school district shall bear the cost.
C. A school district or state institution that has funds remaining for the purchase of school library material at the end of a fiscal year shall retain the funds for expenditure in subsequent years."
Section 8. A new section of the Public School Code is enacted to read:
"RECORD OF SCHOOL LIBRARY MATERIAL.--A school district or state institution shall keep an accurate record of school library material that includes a cost record. A school district or state institution shall comply with record-keeping procedures prescribed by the bureau."
Section 9. A new section of the Public School Code is enacted to read:
"ANNUAL REPORT.--Annually, at a time specified by the department of education, each local school district and state institution acquiring school library material pursuant to the School Library Material Act shall file a report with the department of education."
Section 10. A new section of the Public School Code is enacted to read:
"REPORTS--BUDGETS.--
A. Annually, the department of education shall submit a budget for the next fiscal year to the department of finance and administration showing expenditures for school library material to be paid from the fund, including reasonable shipping and handling charges and library material processing expenses.
B. Upon request, the department of education shall make reports to the state board concerning the administration and execution of the School Library Material Act."