SENATE BILL 144
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Cynthia Nava
AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING A NEW SECTION OF THE PUBLIC SCHOOL CODE REQUIRING SCHOOL DISTRICTS AND CHARTER SCHOOLS TO ESTABLISH FREE BREAKFAST PROGRAMS; AMENDING THE PUBLIC SCHOOL CODE TO ALLOW SCHOOL BREAKFAST SERVICE DURING INSTRUCTIONAL TIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended) is amended to read:
"22-2-8.1. SCHOOL YEAR--LENGTH OF SCHOOL DAY--
MINIMUM.--
A. A school year consists of at least one hundred eighty full instructional days for a regular school year calendar, exclusive of any release time for in-service training. A school year consists of at least one hundred fifty full instructional days for a variable school year calendar, exclusive of any release time for in-service training. Except as provided in [Subsection] Subsections D and G of this section, days or parts of days that are lost to weather, in-service training or other events that are not school-directed programs shall be made up so that students are given a full instructional school year.
B. Except as otherwise provided in this
section, regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:
(1) kindergarten, for half-day programs, two and one-half hours per day or, for full-day programs, five and one-half hours per day;
(2) grades one through six, five and one-half hours per day; and
(3) grades seven through twelve, six hours per day.
C. The department shall provide for the length and number of school days for variable school year calendars in accordance with the Variable School Calendar Act.
D. Up to thirty-three hours of the full-day kindergarten program may be used for home visits by the teacher or for parent-teacher conferences. Up to twenty-two hours of grades one through six programs may be used for home visits by the teacher or for parent-teacher conferences. Up to twelve hours of grades seven through twelve programs may be used to consult with parents to develop next step plans for students and for parent-teacher conferences.
E. Nothing in this section precludes a local school board from setting a school year or the length of school days in excess of the minimum requirements established by Subsections A and B of this section.
F. The secretary may waive the minimum length or number of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as other students in the state.
G. Notwithstanding any other provision of this section, time used to serve students breakfast under a state or federal program shall be deemed to be time in a school-directed program and is part of the instructional day."
SECTION 2. Section 22-9-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 102, as amended) is amended to read:
"22-9-2. FEDERAL AID TO EDUCATION--STATE EDUCATIONAL AGENCY.--The department shall be the sole educational agency of the state for the administration or for the supervision of the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid for education, school construction or school breakfast or lunch programs, except as is provided in Section 21-1-26 NMSA 1978 and as may otherwise be provided by law."
SECTION 3. Section 22-9-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 104) is amended to read:
"22-9-4. LIMITATION ON ACCEPTING GRANTS AND GIFTS.--Federal funds, gifts or grants relating to aid for education, school construction or school breakfast or lunch programs may be accepted by the state only if supervision and control of courses of instruction and the personnel of public schools is reserved to the state or its local subdivisions."
SECTION 4. Section 22-9-5 NMSA 1978 (being Laws 1967, Chapter 16, Section 105) is amended to read:
"22-9-5. CUSTODY OF FUNDS--BUDGETS--DISBURSEMENTS.--
A. The state treasurer shall be the custodian of all funds received by the state by virtue of a federal statute, gift or grant relating to aid for education, school construction or school breakfast or lunch programs. The state treasurer shall hold these funds in separate accounts according to the purpose of the grant or gift.
B. All federal funds, gifts or grants administered by the [state board] department shall be budgeted, accounted for and disbursed as provided by law and by the [regulations] rules of the department of finance and administration."
SECTION 5. A new section of Chapter 22, Article 13 NMSA 1978 is enacted to read:
"[NEW MATERIAL] BREAKFAST PROGRAM REQUIRED--WAIVER--DISTRIBUTION OF FUNDS.--
A. School districts and charter schools shall establish a school breakfast program providing free breakfast, after the instructional day has begun, to all students attending an elementary school in that school district in which eighty-five percent or more of the enrolled students at the elementary school were eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year.
B. A school district or charter school that includes an elementary school in which fewer than eighty-five percent of the enrolled students were eligible for free or reduced-price lunch during the prior school year under the National School Lunch Act of 1946 may establish a school breakfast program providing free breakfast, after the instructional day has begun, to all students attending that elementary school; provided that the program complies with all applicable department rules relating to the school breakfast program authorized by this section.
C. The school district or charter school may apply to the department for a waiver of the school breakfast program required under the provisions of Subsection A of this section if the school district or charter school can demonstrate that providing the program will result in undue financial hardship for the school district or charter school.
D. The department shall reimburse each school district or charter school that establishes a school breakfast program under the provisions of this section for costs associated with providing free breakfast to students on a per-meal basis at the federal maximum rate of reimbursement as set forth annually by the federal secretary of agriculture for educational grants awarded under the authority of the secretary. Reimbursement for the school breakfast program shall be paid in sequential order, until the state school breakfast funds are exhausted. School districts or charter schools whose elementary schools have the highest percentage of enrolled students eligible for free or reduced-price lunch under the National School Lunch Act of 1946 shall be paid first. School districts or charter schools whose elementary schools have the lowest percentage of enrolled students eligible for free or reduced-price lunch under the National School Lunch Act of 1946 shall be paid last.
E. The department shall promulgate rules necessary for implementation of this section, including:
(1) standards for school breakfast programs that meet federal school breakfast program standards;
(2) procedures for waiver requests and the award of waivers as provided for in Subsection C of this section, including what constitutes financial hardship; and
(3) procedures for reimbursement.
F. The provisions of this section shall not apply until the 2011-2012 school year."
SECTION 6. REPEAL.--Section 22-9-1 NMSA 1978 (being Laws 1967, Chapter 16, Section 101) is repealed.
- 7 -