SEC/SB 1225
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AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
ALLOWING INSTRUCTIONAL MATERIAL FUNDS TO BE USED FOR
MATERIALS OTHER THAN TEXTBOOKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-15-2 NMSA 1978 (being Laws 1967,
Chapter 16, Section 206, as amended) is amended to read:
"22-15-2. DEFINITIONS.--As used in the Instructional
Material Law:
A. "division" or "bureau" means the instructional
material bureau of the department;
B. "director" or "chief" means the chief of the
bureau;
C. "instructional material" means school textbooks
and other educational media that are used as the basis for
instruction, including combinations of textbooks, learning
kits, supplementary material and electronic media;
D. "multiple list" means a written list of those
instructional materials approved by the department;
E. "membership" means the total enrollment of
qualified students on the fortieth day of the school year
entitled to the free use of instructional material pursuant
to the Instructional Material Law;
F. "additional pupil" means a pupil in a school
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district's, state institution's or private school's current
year's certified forty-day membership above the number
certified in the school district's, state institution's or
private school's prior year's forty-day membership;
G. "school district" includes state-chartered
charter schools; and
H. "other classroom materials" means materials
other than textbooks that are used to support direct
instruction to students."
Section 2. 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
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based on a full-time equivalency obtained by multiplying the
total previous year's enrollment by .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, and up to
twenty-five percent of this amount may be used for other
classroom materials. 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
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institutions and adult basic education centers. 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.
E. 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."