HOUSE BILL 173

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Luciano "Lucky" Varela and John M. Sapien

FOR THE LEGISLATIVE FINANCE COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOL FINANCE; PROVIDING A PHASE-IN OF ADDITIONAL OPERATIONAL FUNDING FORMULA UNITS FOR QUALIFYING SCHOOL DISTRICTS TO IMPROVE THE ACADEMIC SUCCESS OF STUDENTS WHO ARE AT RISK OF DROPPING OUT OF SCHOOL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-8-23.3 NMSA 1978 (being Laws 1997, Chapter 40, Section 7, as amended) is amended to read:

     "22-8-23.3. AT-RISK PROGRAM UNITS.--

          A. A school district is eligible for additional program units if it establishes within its department-approved educational plan identified services to assist students to reach their full academic potential. A school district receiving additional at-risk program units shall include a report of specified services implemented to improve the academic success of at-risk students. The report shall identify the ways in which the school district and individual schools use funding generated through the at-risk index and the intended outcomes. For purposes of this section, "at-risk student" means a student who meets the criteria to be included in the calculation of the three-year average total rate in Subsection B of this section. The number of additional units to which a school district is entitled under this section is computed in the following manner:

At-Risk Index x MEM = Units

where MEM is equal to the total district membership, including early childhood education, full-time-equivalent membership and special education membership and where the at-risk index is calculated [in the following manner:

     Three-Year Average Total Rate x 0.106 = At-Risk Index] for the fiscal year by multiplying the three-year average total rate by the following decimal fractions:

                (1) for fiscal year 2016, 0.106; and

                (2) for fiscal year 2017 and subsequent fiscal years, 0.114.

          B. To calculate the three-year average total rate, the department shall compute a three-year average of the school district's percentage of membership used to determine its Title I allocation, a three-year average of the percentage of membership classified as English language learners using criteria established by the federal office of civil rights and a three-year average of the percentage of student mobility. The department shall then add the three-year average rates. The number obtained from this calculation is the three-year average total rate.

          C. The department shall recalculate the at-risk index for each school district every year."

     SECTION 2. EFFECTIVE DATE.--The effective date of provisions of this act is July 1, 2015.

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