SB 1019
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO INSTRUCTIONAL MATERIALS; REQUIRING LOCAL POLICIES
THAT PROVIDE TEXTBOOKS TO EACH STUDENT FOR EACH CLASS THAT
CONFORM TO CURRICULUM REQUIREMENTS AND THAT ALLOW STUDENTS TO
TAKE THOSE TEXTBOOKS HOME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-15-9 NMSA 1978 (being Laws 1967,
Chapter 16, Section 213, as amended) is amended to read:
"22-15-9. DISTRIBUTION OF FUNDS FOR INSTRUCTIONAL
MATERIAL.--
A. On or before April 1 of each year, the
department shall allocate to each school district, state
institution or private school not less than ninety percent of
its estimated entitlement as determined from the estimated
forty-day membership for the next school year. A school
district's, state institution's or private school's
entitlement is that 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. For the purpose of
this allocation, additional pupils shall be counted as six
pupils. The allocation for adult basic education shall be
based on a full-time equivalency obtained by multiplying the
total previous year's enrollment by .25.
pg_0002
SB 1019
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
B. On or before January 15 of each year, the
department shall recompute each entitlement using the
forty-day membership for that year, except for adult basic
education, and shall allocate the balance of the annual
appropriation adjusting for any over- or under-estimation
made in the first allocation.
C. An amount not to exceed fifty percent of the
allocations attributed to each school district, state
institution or adult basic education center may be used for
instructional material not included on the multiple list
provided for in Section 22-15-8 NMSA 1978. The local
superintendent may apply to the department for a waiver of
the use of funds allocated for the purchase of instructional
material either included or not included on the multiple
list. If the waiver is granted, the school district shall not
be required to submit a budget adjustment request to the
department. Adult basic education centers may expend up to
one hundred percent of their instructional material funds for
items that are not on the multiple list.
D. The department shall establish procedures for
the distribution of funds directly to school districts, state
institutions and adult basic education centers. Prior to the
final distribution of funds to any school district or charter
school, the department shall verify that the local school
board or governing body has adopted a policy that requires
pg_0003
SB 1019
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that every student have a textbook for each class that
conforms to curriculum requirements and that allows students
to take those textbooks home.
E. The department shall provide payment to a
publisher or depository on behalf of a private school for
instructional material included on the multiple list provided
for in Section 22-15-8 NMSA 1978.
F. A school district, state institution or adult
basic education center that has funds remaining for the
purchase of instructional material at the end of the fiscal
year shall retain those funds for expenditure in subsequent
years. Any balance remaining in an instructional material
account of a private school at the end of the fiscal year
shall remain available for reimbursement by the department for
instructional material purchases in subsequent years."