Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports
if they are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).
Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and
attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.
F I S C A L I M P A C T R E P O R T
SPONSOR Miera
DATE TYPED 02/09/05 HB 3/a HEC
SHORT TITLE Education Appropriation Act
SB
ANALYST Chabot
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
$2,138,725.4
Recurring General Fund
$1,300
Recurring Driver’s License
Fund
8,955.7
Recurring Other State
Funds
$392,761.5
Recurring Federal Funds
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Commission on Higher Education (CHE)
Corrections Department
Public Education Department (PED)
SUMMARY
Synopsis of HEC amendment
The House Education Amendment to House Bill 3 increases the appropriation from the general
fund by $16.5 million by increasing the appropriation for growth ($6.7 million), compensation
($517 thousand), deletes the increased appropriation principals ($783 thousand), decreases the
increase in the employer share contribution to the Educational Retirement Board by $300.9 thou-
sand and moves it to Categorical Public School Support for transportation employees, decreases
the appropriation for student assessment ($47.6 thousand), adds physical education ($4 million),
and increases the appropriation for educational assistants ($2.3 million). In related appropria-
tions recurring, Kindergarten Plus is increased $300.0 thousand. The amendment lists other spe-
cial appropriation on page 2 and includes changes in recommended language on pages 1 through
3.
pg_0002
House Bill 3/aHEC -- Page 2
Synopsis of Bill
House Bill 3 appropriates almost $2 billion from the general fund, $1.3 million from the drivers’
license fund, and recognizes $352 million in flow federal funds for the purpose of funding the 89
public school districts throughout the state. In addition, $141.7 from the general fund is provided
in categorical support for a total general fund recommendation for public school support of $2.1
billion. The appropriation to the Public Education Department is $11.6 million from general
fund, $671.7 from other state funds and $16.9 million from federal funds. An additional $6.7
million in recurring general fund is appropriated for related appropriations (see attached sum-
mary). Lastly, $8.3 million from other state funds and $23.8 million in federal funds is appropri-
ated to the nine Regional Education Cooperatives.
Significant Issues
The state equalization guarantee, also know as the “funding formula” is used to distribute funds
to the public schools. The bill funds an increase from the general fund over the FY05 appropria-
tion of $128.9 million, or 6.5 percent. The bill includes $10 million for growth, $3.65 million for
fixed costs, $17.5 million for insurance, $51.8 million for minimum salaries levels of $40 thou-
sand for level 2 and 3 teachers under three-tiered licensure, $783 thousand for minimum princi-
pal salaries currently in statute, $4 million to replace federal temporary assistance to needy fami-
lies from the general fund, $2 million for district student assessment costs, $2.5 million for ele-
mentary education fine arts, and $1.5 million to increase educational assistance minimum sala-
ries. The bill also includes a 1.25 percent compensation increase for public school employee ex-
cept teachers receiving salary increases as a result of minimum salary requirements of three-
tiered licensure, and a .75 percent increase in the employer contribution to the educational re-
tirement fund for all school employees.
The bill estimates projected credits of $58.6 million from federal impact aid and $1.3 million
from the driver’s license fund.
The bill provides an increase of $2 million in transportation funding and a total of $7.1 million in
categorical distributions; most of the increase results from not taking a cash balance increase in
the instructional material fund as was done in 2004.
The bill includes $6 million for special appropriations to the Public Education Department for
beginning teacher induction and membership ($900 thousand), family and youth services ($1.8
million), advanced placement ($381.6 thousand), teacher loan for service ($386.5 thousand), In-
dian Education Act ($2.5 million), and kindergarten plus ($100 thousand).
PERFORMANCE IMPLICATIONS
The bill includes 9 performance measures concentrating on proficiency in reading and language
arts and mathematics for 4
th
and 8
th
grade students, percent of classrooms being taught by
“highly qualified” teachers, and stakeholder experiences with local schools. The measures are in
line with federal No Child Left Behind requirements and are representative of improvements de-
sired in public school outcomes.
pg_0003
House Bill 3/aHEC -- Page 3
FISCAL IMPLICATIONS
The appropriation of $2.1 billion contained in this bill is a recurring expense to the general fund.
Any unexpended or unencumbered balance remaining at the end of 2006 not distributed to
school districts by the Public Education Department shall revert to the general fund.
PED points out the following difference in the bill compared to the Executive recommendation
for public school support.
1.
State Equalization Guarantee--$1,963,826.8 which is $42,960.5 higher than the Execu-
tive.
2.
Public School Transportation--$100,053.1 which is $414.8 higher than the Executive.
3.
Supplemental Distributions--$2,380.0 which is $2,715.0 lower than the Executive.
4.
Instruction Materials Fund--$32,324.8 which is $1,824.8 higher than the Executive.
5.
Education Technology Fund--$5,000.0 which is the same as the Executive.
6.
Incentives for School Improvement Fund--$1,600.0 which is $50.0 lower than the Execu-
tive.
7.
Apprenticeship--$650.0 which is the same as the Executive.
8.
Beginning Teacher Induction and Mentorship--$900.0 which is the same as the Execu-
tive.
9.
Core Curriculum Framework--$381.6 which is the same as the Executive
10.
Family and Youth Services--$1,800.0 which is the same as the Executive
11.
GRADS—Teen Pregnancy Prevention (replace TANF)—no funding which is $1,000.0
less than the Executive.
12.
Charter School Stimulus Fund—no funding which is $1,000.0 less than the Executive’s
non-recurring recommendation.
13.
Indian Education Act--$2,500.0 which is the same as the Executive.
14.
Kindergarten Plus--$100.0 which is the same as the Executive.
15.
Pre-Kindergarten Initiative—no funding which is $7,000.0 less than the Executive.
16.
School-based Health Clinics—no funding which is $3,000 less than the Executive.
17.
Teacher Loan for Service (to CHE)--$386.5 which is the same as the Executive.
The Executive recommended $46.8 million in non-recurring funds for various education-
related items that are not included.
The Executive recommended a base PED operating budget of $29,473.3 of which $11,783.1
is from the general fund. HB3 has $29,252.4 of which $11,636.2 is general fund.
There is no difference between the bill and the Executive recommendation for Regional Edu-
cation Cooperatives.
ADMINISTRATIVE IMPLICATIONS
After enactment of this bill, the Secretary, Public Education Department will set an initial unit
value to be used by school districts in developing school year 2005-06 operating budgets and
will set a final unit value not later than January 31, 2006.
pg_0004
House Bill 3/aHEC -- Page 4
TECHNICAL ISSUES
On page 2, line 11, the general fund appropriation should be reduced by $300.9 thousand and be
$1,962,225.9 and page 2, line 13 increased by the same amount and be $100,354.0 to properly
reflect the .75 percent increased employer contributions to the education retirement fund for pub-
lic school transportation employees.
PED points out on page 5, line 12, strike the second “94.0”.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
Public schools will be unfunded for school year 2005-06.
GAC/sb/njw:lg
Attachment
ATTACHEMNT
FY 05
HB 3
APPROPRIATION APPRORIATION
PROGRAM COST
$1,802,906.6
$1,903,074.6
Adjustment for Overprojection of FY 04 Cash Balance Credit
($11,600.0)
Think New Mexico Credit
Adjustment for Training and Experience
Redirection of 4.0 percent from administration to classroom
for school districts with enrollment greater than 9,200
Adjusted Program Cost
$1,791,306.6
$1,903,074.6
ENROLLMENT GROWTH
$5,200.0
$10,000.0
FIXED COSTS
$1,900.0
$3,650.0
INSURANCE COSTS
$19,000.0
$17,500.0
COMPENSATION for Public School Employees:
Teachers
$19,276.0
$6,144.4
Instructional Staff
$3,531.1
$2,247.8
Other Certified and Non-certified
$7,991.7
$5,098.0
Annualize FY 04 6.0 percent raise in FY 05 for Teachers & Instructional Staff
$25,830.5
Minimum Salaries – Three-tiered Licensure Structure
Levels 2 & 3 to $35,000 in FY 05
$8,638.7
Levels 2 & 3 to $40,000 in FY 06
Movement from Level 1 to Level 2 in FY 06
Total FY 06 Three-tiered Licensure Structure
$51,800.0
Minimum Salaries – Principals
$783.0
Increase in Employer's ERB Contribution (.75 percent)
$11,780.6
Full-day Kindergarten Phase V
$9,600.0
Replace Full-Day Kindergarten TANF Funds
1
$4,000.0
Student Assessment CRTs/School District Costs
$1,800.0
$2,047.6
National Board Certification
Elementary Fine Arts (Year 3)
$4,000.0
$2,500.0
Elementary Physical Education Program (Year 1 of 7-year Phase-in)
Career Ladder for Educational Assistants (Year 2 of 4-year Phase-in)
$5,000.0
$1,500.0
PROGRAM COST
$1,903,074.6
$2,022,125.9
pg_0005
House Bill 3/aHEC -- Page 5
Dollar Increase Over FY 05 Appropriation
$119,051.3
Percentage Increase
6.3%
LESS PROJECTED CREDITS
($61,000.0)
($58,600.0)
LESS OTHER STATE FUNDS (from driver's license fees)
($1,700.0)
($1,300.0)
STATE EQUALIZATION GUARANTEE
$1,840,374.6
$1,962,225.9
Dollar Increase Over FY 05 Appropriation
$121,851.3
Percentage Increase
6.6%
FY 05
HB 3
APPROPRIATION APPRORIATION
CATEGORICAL PUBLIC SCHOOL SUPPORT
TRANSPORTATION
Operational
$84,717.8
$88,078.7
School-owned Bus Replacements
$342.6
$176.4
Rental Fees (Contractor-owned Buses)
$12,336.0
$11,296.5
Compensation
$840.4
$501.5
Increase in Employer's ERB Contribution (.75 percent)
$300.9
TOTAL TRANSPORTATION
$98,236.8
$100,354.0
SUPPLEMENTAL DISTRIBUTIONS
Out-of-state Tuition
$495.0
$380.0
Emergency Supplemental
$2,600.0
$2,000.0
INSTRUCTIONAL MATERIAL FUND
$26,600.0
$32,324.8
EDUCATIONAL TECHNOLOGY FUND
$5,000.0
$5,000.0
INCENTIVES FOR SCHOOL IMPROVEMENT FUND
Adequate Yearly Progress Program (at least 60 percent)
$960.0
$1,600.0
State Improving School Program (up to 40 percent)
$640.0
Pre-K Governor's Initiative
SCHOOLS IN NEED OF IMPROVEMENT FUND
2
Federal
Funds Federal Funds
TOTAL CATEGORICAL
$134,531.8
$141,658.8
TOTAL PUBLIC SCHOOL SUPPORT
$1,974,906.4 $2,103,884.7
Dollar Increase Over FY 05 Appropriation
$128,978.3
Percentage Increase
6.5%
RELATED APPROPRIATIONS: RECURRING
Apprenticeship Assistance
$650.0
$650.0
Beginning Teacher Induction/Mentorship
$900.0
$900.0
CHARTER SCHOOLS STIMULUS FUND
$200.0
Core Curriculum Framework – school district projects (formerly Advanced Placement Framework)
$381.6
$381.6
Family and Youth Resource Act/Family and Youth Services
$1,800.0
$1,800.0
GRADS – Teen Pregnancy Prevention (replace TANF)
3
Indian Education Act of 2003
$2,500.0
$2,500.0
Kindergarten Plus (Extended Kindergarten for High-poverty Areas)
$100.0
$100.0
Pre-K Governor's Initiative
See line 118
School-based Health Clinics (to Department of Health)
Teacher Loan for Service (to CHE)
$386.5
$386.5
TOTAL RELATED APPROPRIATIONS: RECURRING
$6,918.1
$6,718.1
GRAND TOTAL
$1,981,824.5 $2,110,602.8
Dollar Increase Over FY 05 Appropriation
$128,778.3
Percentage Increase
6.5%