SENATE BILL 575
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Cynthia Nava
AN ACT
RELATING TO INSTRUCTIONAL MATERIALS; TRANSFERRING THE RESPONSIBILITY FOR INSTRUCTIONAL MATERIALS FOR ADULT BASIC EDUCATION FROM THE PUBLIC EDUCATION DEPARTMENT TO THE HIGHER EDUCATION DEPARTMENT; ALLOWING PRIVATE SCHOOLS TO PURCHASE OFF THE MULTIPLE LIST; LIMITING PRIVATE SCHOOL PURCHASES TO IN-STATE DEPOSITORIES; CLARIFYING PROVISIONS OF THE INSTRUCTIONAL MATERIAL FUND; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 21-1-27.6 NMSA 1978 (being Laws 1995, Chapter 56, Section 2, as amended) is amended to read:
"21-1-27.6. ADULT BASIC EDUCATION--DISTRIBUTION OF MONEY--OBJECTIVE FORMULA--[COMMISSION ON] HIGHER EDUCATION DEPARTMENT--ADOPTION OF FORMULA.--The [commission on] higher education department in consultation with representatives of adult basic education administrative sites shall create an equitable formula for the distribution of money in the adult basic education fund, including funding for instructional materials for adult basic education students. In establishing an equitable formula, the [commission] department shall consider the types of programs conducted, the cost of service delivery, the types and cost of instructional materials and the socioeconomic profiles of the adult receiving services. The [commission] department shall review the formula and any proposed changes with the adult basic education administrative sites prior to adoption or amendment."
Section 2. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ADULT BASIC EDUCATION--INSTRUCTIONAL MATERIALS.--The higher education department shall promulgate rules on the purchase and provision of instructional materials for the free use of adult basic education students. The rules shall include:
A. the responsibilities of adult basic education administrative units as agents for the benefit of students entitled to the free use of instructional materials; and
B. inventory and accounting procedures to be followed by the adult basic education administrative units."
Section 3. Section 22-15-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 208, as amended) is amended to read:
"22-15-4. BUREAU--DUTIES.--Subject to the policies and [regulations] rules of the department, the bureau shall:
A. administer the provisions of the Instructional Material Law;
B. enforce rules for the handling, safekeeping and distribution of instructional material and instructional material funds and for inventory and accounting procedures to be followed by school districts, state institutions and private schools [and adult basic education centers] pursuant to the Instructional Material Law;
C. withdraw or withhold the privilege of participating in the free use of instructional material in case of any violation of or noncompliance with the provisions of the Instructional Material Law or any rules adopted pursuant to that law;
D. enforce rules relating to the use and operation of instructional material depositories in the instructional material distribution process; and
E. enforce rules that require local school boards to implement a process that ensures that parents and other community members are involved in the instructional material review process."
Section 4. Section 22-15-5 NMSA 1978 (being Laws 1967, Chapter 16, Section 209, as amended) is amended to read:
"22-15-5. INSTRUCTIONAL MATERIAL FUND.--
A. The state treasurer shall establish a nonreverting fund to be known as the "instructional material fund". The fund consists of appropriations, gifts, grants, donations and any other money credited to the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of the Instructional Material Law.
B. The instructional material fund shall be used for the purpose of paying for the cost of purchasing instructional material pursuant to the Instructional Material Law. Transportation charges for the delivery of instructional material to a school district, a state institution or a private school as agent [or an adult basic education center] and emergency expenses incurred in providing instructional material to students may be included as a cost of purchasing instructional material. Charges for rebinding of used instructional [materials] material that [appear] appears on the multiple list pursuant to Section 22-15-8 NMSA 1978 may also be included as a cost of purchasing instructional material."
Section 5. Section 22-15-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 211, as amended) is amended to read:
"22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--
A. Any qualified student or person eligible to become a qualified student attending a public school, a state institution or a private school approved by the [state board] department in any grade from first through the twelfth grade of instruction is entitled to the free use of instructional material. Any student enrolled in an early childhood education program as defined by Section 22-13-3 NMSA 1978 or person eligible to become an early childhood education student as defined by that section attending a private early childhood education program approved by the [state board] department is entitled to the free use of instructional material. [Any student in an adult basic education program approved by the commission on higher education is entitled to the free use of instructional material from the instructional material bureau of the department of education.]
B. Instructional material shall be distributed to school districts, state institutions and private schools [and adult basic education centers] as agents for the benefit of students entitled to the free use of the instructional material.
C. Any school district, state institution or private school as agent [or adult basic education center] receiving instructional material pursuant to the Instructional Material Law is responsible for distribution of the instructional material for use by eligible students and for the safekeeping of the instructional material."
Section 6. Section 22-15-8 NMSA 1978 (being Laws 1967, Chapter 16, Section 212, as amended) is amended to read:
"22-15-8. MULTIPLE LIST--SELECTION--REVIEW PROCESS.--
A. The department shall adopt a multiple list to be made available to students pursuant to the Instructional Material Law. At least ten percent of instructional material on the multiple list concerning language arts and social studies shall contain material that is relevant to the cultures, languages, history and experiences of multi-ethnic students. The department shall ensure that parents and other community members are involved in the adoption process at the state level.
B. Pursuant to the provisions of the Instructional Material Law, each school district, state institution or private school as agent [or adult basic education center] may select instructional material for the use of its students from the multiple list adopted by the department. Local school boards shall give written notice to parents and other community members and shall invite parental involvement in the adoption process at the district level. Local school boards shall also give public notice, which notice may include publication in a newspaper of general circulation in the school district.
C. The department shall establish by rule an instructional material review process for the adoption of instructional material on the multiple list. The process shall include:
(1) a summer review institute at which basal materials in the content area under adoption will be facilitated by content and performance experts in the content area and reviewed by reviewers;
(2) that level two and level three-A teachers are reviewers of record; provided that level one teachers, college students completing teacher preparation programs, parents and community leaders will be recruited and partnered with the reviewers of record;
(3) that reviewed materials shall be scored and ranked primarily against how well they align with state academic content and performance standards, but research-based effectiveness may also be considered; and
(4) the adoption of supplementary materials that are not reviewed.
D. Participants in the summer review institute shall receive a stipend commensurate with the level of responsibility and participation as determined by department rule.
E. The department shall charge a processing fee to vendors of instructional materials not to exceed the retail value of the instructional material submitted for adoption."
Section 7. Section 22-15-9 NMSA 1978 (being Laws 1967, Chapter 16, Section 213, as amended by Laws 2007, Chapter 284, Section 1 and by Laws 2007, Chapter 285, Section 2) 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 as agent 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.]
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 or 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] Private schools may expend up to [one hundred] fifty percent of their instructional material funds for items that are not on the multiple list; provided that no funds shall be expended for religious, sectarian or nonsecular materials.
D. The department shall establish procedures for the distribution of funds directly to school districts and 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 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] an in-state 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 or 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."
Section 8. Section 22-15-10 NMSA 1978 (being Laws 1967, Chapter 16, Section 214, as amended) is amended to read:
"22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL MATERIAL.--
A. With the approval of the chief, instructional material acquired by a school district, state institution or private school [or adult basic education center] pursuant to the Instructional Material Law may be sold at a price determined by officials of the school district, state institution or private school [or adult basic education center]. The selling price shall not exceed the cost of the instructional material to the state.
B. A school district, state institution or private school [or adult basic education center] may hold the parent [guardian] or student responsible for the loss, damage or destruction of instructional material while the instructional material is in the possession of the student. A school district may withhold the grades, diploma and transcripts of the student responsible for damage or loss of instructional material until the parent [guardian] or student has paid for the damage or loss. When a parent [guardian] or student is unable to pay for damage or loss, the school district shall work with the parent [guardian] or student to develop an alternative program in lieu of payment. Where a parent [or guardian] is determined to be indigent according to guidelines established by the [state board] department, the [local] school district shall bear the cost.
C. A school district or 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.
D. All money collected by a private school for the sale, loss, damage or destruction of instructional material received pursuant to the Instructional Material Law shall be sent to the department [of education].
E. Upon order of the chief, a school district, state institution or private school [or adult basic education center] shall transfer to the department [of education] or its designee instructional material, purchased with instructional material funds, that is in usable condition and for which there is no use expected by the respective schools."
Section 9. Section 22-15-11 NMSA 1978 (being Laws 1967, Chapter 16, Section 215, as amended) is amended to read:
"22-15-11. RECORD OF INSTRUCTIONAL MATERIAL.--Each school district, state institution or private school [or adult basic education center] shall keep accurate records of all instructional material, including cost records, on forms and by procedures prescribed by the [division] bureau."
Section 10. Section 22-15-12 NMSA 1978 (being Laws 1967, Chapter 16, Section 216, as amended) is amended to read:
"22-15-12. ANNUAL REPORT.--Annually, at a time specified by the department, each local school board of a school district and each governing authority of a state institution or private school [or adult basic education center] acquiring instructional material pursuant to the Instructional Material Law shall file a report with the department that includes an itemized list of instructional material purchased by the eligible entity, by vendor; the total cost of the instructional material; the average per-student cost; and the year-end cash balance."
Section 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.
- 13 -