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AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING FOR PHYSICAL EDUCATION

IN GRADES KINDERGARTEN THROUGH SIX IN ELEMENTARY SCHOOLS;

ADDING PHYSICAL EDUCATION PROGRAM UNITS AND CHARTER SCHOOL

STUDENT ACTIVITIES PROGRAM UNITS INTO THE PROGRAM COST

CALCULATION.

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

Section 1. A new section of the Public School Finance

Act is enacted to read:

"ELEMENTARY PHYSICAL EDUCATION PROGRAM UNITS.--

A. The number of elementary physical education

program units is determined by multiplying the number of

students in elementary physical education by the cost

differential factor of six one-hundredths.

B. As used in this section, "elementary physical

education" means eligible physical education programs that

serve students in kindergarten through grade six in a public

school classified by the department as an elementary school."

Section 2. Section 22-8-18 NMSA 1978 (being Laws 1974,

Chapter 8, Section 8, as amended) is amended to read:

"22-8-18. PROGRAM COST CALCULATION--LOCAL

RESPONSIBILITY.--

A. The total program units for the purpose of

computing the program cost shall be calculated by multiplying

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the sum of the program units itemized as Paragraphs (1)

through (6) in this subsection by the instructional staff

training and experience index and adding the program units

itemized as Paragraphs (7) through (12) in this subsection.

The itemized program units are as follows:

(1) early childhood education;

(2) basic education;

(3) special education, adjusted by

subtracting the units derived from membership in class D

special education programs in private, nonsectarian, nonprofit

training centers;

(4) bilingual multicultural education;

(5) fine arts education;

(6) elementary physical education;

(7) size adjustment;

(8) at-risk program;

(9) enrollment growth or new district

adjustment;

(10) special education units derived from

membership in class D special education programs in private,

nonsectarian, nonprofit training centers;

(11) national board for professional

teaching standards certification; and

(12) charter school student activities.

B. The total program cost calculated as prescribed

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in Subsection A of this section includes the cost of early

childhood, special, bilingual multicultural, fine arts and

vocational education and other remedial or enrichment

programs. It is the responsibility of the local school board

or governing body of a charter school to determine its

priorities in terms of the needs of the community served by

that board. Funds generated under the Public School Finance

Act are discretionary to local school boards and governing

bodies of charter schools, provided that the special program

needs as enumerated in this section are met."

Section 3. A new section of Chapter 22, Article 13 NMSA

1978 is enacted to read:

"ELEMENTARY PHYSICAL EDUCATION.--

A. As used in this section:

(1) "eligible students" means students in

kindergarten through grade six in a public school classified

by the department as an elementary school; and

(2) "physical education" includes programs

of education through which students participate in activities

related to fitness education and assessment; active games and

sports; and development of physical capabilities such as motor

skills, strength and coordination.

B. Elementary physical education programs that

serve eligible students are eligible for funding if those

programs meet academic content and performance standards for

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elementary physical education programs.

C. In granting approval for funding of elementary

physical education programs, the department shall provide that

programs are first implemented in public schools that have the

highest proportion of students most in need based on the

percentage of students eligible for free or reduced-fee lunch

or grade-level schools that serve an entire school district

and in public schools with available space. If the department

determines that an elementary physical education program is

not meeting the academic content and performance standards for

elementary physical education programs, the department shall

notify the school district that the public school's failure to

meet the academic content and performance standards will

result in the cessation of funding for the following school

year. The department shall compile the program results

submitted by the school districts each year and make an annual

report to the legislative education study committee and the

legislature.

D. As they become eligible for elementary physical

education program funding, public schools shall submit to the

department their elementary physical education program plans

that meet academic content and performance standards and other

guidelines of the department. At a minimum, the plan shall

include the elementary physical education program being taught

and an evaluation component. To be eligible for state

financial support, an elementary physical education program

shall:

(1) provide for the physical education needs

of students defined in this section; and

(2) use teachers with a license endorsement

for physical education.

E. The department shall annually determine the

programs and the consequent number of students in elementary

physical education that will receive state financial support

in accordance with funding available in each school year."

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