SENATE BILL 234
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO EDUCATION; CREATING THE COMPUTER HARDWARE LOAN FUND FOR THE PURPOSE OF LOANING COMPUTERS FOR USE BY STUDENTS IN PRIVATE SCHOOLS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Instructional Material Law is enacted to read:
"[NEW MATERIAL] COMPUTER HARDWARE LOAN FUND--COMPUTER HARDWARE LOAN PROGRAM.--
A. The "computer hardware loan fund" is created in the state treasury. The fund shall consist of transfers, appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the department for the purpose of establishing and maintaining a computer hardware loan program pursuant to the provisions of this section, provided that no more than two percent of the annual expenditures from the fund shall be used by the department for administrative expenses. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education.
B. As an agent for the benefit of its qualified students, a private school approved by the department may apply for the free classroom use of loaned computer hardware purchased by the department with money appropriated from the computer hardware loan fund. Pursuant to rules adopted by the department, an application shall demonstrate:
(1) a critical need for the free classroom use of the computer hardware; and
(2) how the computer hardware will support the use of electronic educational media in relation to the private school's nonsectarian curriculum.
C. Upon the approval of an application, the department and the private school shall enter into a loan agreement that includes:
(1) a provision that the private school is responsible for the inventory control, insurance and safekeeping of loaned computer hardware;
(2) assurances by the private school that the loaned computer hardware shall be used solely for the benefit of, and on behalf of, qualified students and used solely in the classrooms of the private school;
(3) assurances by the private school that the loaned computer hardware shall not be used for any religious, sectarian or denominational purposes, instruction or material;
(4) assurances that the private school agrees to monitoring visits by the department or its designee;
(5) an acknowledgment that the loaned computer hardware is the property of the state and shall be labeled as such;
(6) an acknowledgment that the loaned computer hardware is under the absolute control and ownership of the state, including an acknowledgment that the acquisition of the computer hardware and the implementation of this section is solely the responsibility, and within the discretion, of the department; and
(7) the private school's agreement to reimburse the department for all lost, stolen or damaged computer hardware loaned for the benefit of the school's qualified students.
D. The department shall adopt rules necessary for the implementation of the computer hardware loan fund, including standards for approving private schools for eligibility, standards for determining the critical need for assistance from the fund, procedures for application for the loan of computer hardware for classroom use, priorities for approving applications for the free classroom use of computer hardware, the criteria used to rank applications and procedures for implementing the acquisition, loan and return or disposal of computer hardware.
E. A private school may hold the parent, guardian or student responsible for any damage to or destruction of loaned computer hardware. The school may withhold the grades, diploma and transcripts of the student responsible for damage to, or the loss or destruction of, the loaned computer hardware until the parent, guardian or student has paid for the damage or destruction. The department shall deposit in the computer hardware loan fund all money it receives from a private school or its insurer for damage to or loss of loaned computer hardware.
F. As used in this section, "qualified student" means a student who:
(1) is attending the private school in any grade from one through twelve;
(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the department for public school students;
(3) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; and
(4) has not reached the student's twenty-second birthday on the first day of the school year."
Section 2. TRANSFER OF APPROPRIATION TO COMPUTER HARDWARE LOAN FUND.--The unexpended balance of the two million five hundred thousand dollars ($2,500,000) appropriated to the public education department in Subsection 442 of Section 55 of Chapter 42 of Laws 2007 shall not be expended as provided in that subsection but shall be transferred to the computer hardware loan fund and expended pursuant to the provisions of Section 1 of this 2009 act. Notwithstanding the provisions of Laws 2007, Chapter 42, Section 2, the unexpended balance of the appropriation shall not revert.
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