SB 145
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AN ACT
RELATING TO EDUCATION; CHANGING THE CAP ON DUE PROCESS
REIMBURSEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-29-2 NMSA 1978 (being Laws 1986,
Chapter 94, Section 2) is amended to read:
"22-29-2. PURPOSE OF ACT.--The purpose of the Public
School Insurance Authority Act is to provide comprehensive
core insurance programs, including reimbursement coverage for
the costs of providing due process to students with
disabilities, for all participating public schools, school
board members, school board retirees and public school
employees and retirees by expanding the pool of subscribers
to maximize cost containment opportunities for required
insurance coverage."
Section 2. Section 22-29-12 NMSA 1978 (being Laws 2007,
Chapter 236, Section 3) is amended to read:
"22-29-12. DUE PROCESS REIMBURSEMENT.--The authority
shall include due process reimbursement in its self-insured
retention risk pool. Each year, the legislature shall
authorize the board to collect the due process reimbursement
premium from member districts and charter schools to cover
the cost of due process reimbursement. From the
authorization, the board shall allocate due process
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SB 145
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reimbursement premiums based on a school district's or
charter school's claims experience and other criteria
determined by the board. A single due process reimbursement
shall not exceed one hundred thousand dollars ($100,000).
Prior to the beginning of each fiscal year, the
authority shall determine the amount of money available in
the fund for special education due process reimbursements.
The authority shall set forth in its general liability
memorandum of coverage the provisions for distribution of
that amount for due process reimbursements to school
districts and charter schools, including:
A. the process by which school districts and
charter schools submit claims for reimbursement by the end of
the fiscal year; and
B. the method for distributing the money available
to school districts and charter schools on a pro rata basis if
the available money is not sufficient to cover all claims."
Section 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2008.