HOUSE BILL 135
54th legislature - STATE OF NEW MEXICO - second session, 2020
Derrick J. Lente and D. Wonda Johnson and Anthony Allison and Patricia Roybal Caballero
RELATING TO PUBLIC SCHOOL FINANCE; PROVIDING NATIVE LANGUAGE EDUCATION PROGRAM UNITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended by Laws 2019, Chapter 206, Section 13 and by Laws 2019, Chapter 207, Section 13) is amended to read:
"22-8-18. PROGRAM COST CALCULATION--LOCAL RESPONSIBILITY.--
A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through [(16)] (17) in this subsection. The itemized program units are as follows:
(1) early childhood education;
(2) basic education;
(3) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;
(4) bilingual multicultural education;
(5) native language education;
[(5)] (6) fine arts education;
[(6)] (7) elementary physical education;
[(7)] (8) size adjustment;
[(8)] (9) at-risk;
[(9)] (10) enrollment growth or new district adjustment;
[(10)] (11) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;
[(11)] (12) national board for professional teaching standards certification;
[(12)] (13) home school student;
[(13)] (14) home school student activities;
[(14)] (15) charter school student activities;
[(15)] (16) K-5 plus; and
[(16)] (17) extended learning time.
B. The total program cost calculated as prescribed in Subsection A of this section includes the cost of early childhood, special, bilingual multicultural, native language, fine arts and vocational education and other remedial or enrichment programs. It is the responsibility of the local school board or governing body of a charter school to determine its priorities in terms of the needs of the community served by that board. Except as otherwise provided in this section, funds generated under the Public School Finance Act are discretionary to local school boards and governing bodies of charter schools; provided that the special program needs as enumerated in this section are met; and provided further that the department shall ensure that the local school board or governing body of a charter school is prioritizing resources for the public school toward proven programs and methods linked to improved student achievement."
SECTION 2. A new section of the Public School Finance Act is enacted to read:
"[NEW MATERIAL] NATIVE LANGUAGE PROGRAM UNITS.--The number of native language program units is determined by multiplying the full-time-equivalent MEM in native language programs implemented in accordance with the provisions of the Indian Education Act and the Bilingual Multicultural Education Act by the cost differential factor 0.5."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
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