SB0112

SENATE BILL 112

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO ADULT EDUCATION; PROVIDING DUTIES TO THE HIGHER EDUCATION DEPARTMENT; CREATING A FUND; ESTABLISHING REQUIREMENTS FOR CHARTER SCHOOLS PROVIDING ADULT EDUCATION SERVICES TO RECEIVE FUNDING; REQUIRING A STRATEGIC ADULT EDUCATION PLAN; MAKING APPROPRIATIONS.

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

SECTION 1. Section 9-25-8 NMSA 1978 (being Laws 2005, Chapter 289, Section 8) is amended to read:

"9-25-8. SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

B. To perform the duties of the secretary, the secretary has every power expressly enumerated in the law, whether granted to the secretary, the department or any division of the department, except when any division is explicitly exempted from the secretary's power by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Higher Education Department Act or Chapter 21 NMSA 1978, exercise general supervisory and appointing power over all department employees, subject to applicable personnel laws and rules;

(2) delegate power to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated power and the limitations to that power;

(3) organize the department into organizational units as necessary to enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the duties of the secretary;

(5) take administrative action by issuing orders and instructions, not inconsistent with law, to ensure implementation of and compliance with the provisions of law for which administration or execution the secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

(6) conduct research and studies that will improve the operation of the department and the provision of services to the [citizens] residents of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objectives of improving the operations and efficiency of administration;

(8) prepare an annual budget for the department; [and]

(9) provide cooperation, at the request of administratively attached agencies and adjunct agencies, in order to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, [record keeping] recordkeeping and related clerical assistance to administratively attached agencies; and

(10) conduct oversight of adult education services statewide.

C. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. The secretary may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. No rule promulgated by the department shall infringe upon the authority vested by Article 12 of the constitution of New Mexico in the boards of regents of the educational institutions specified in that article. The final public hearing on adoption, amendment or repeal of a rule shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act."

SECTION 2. A new section of Chapter 21 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ADULT EDUCATION SERVICES FUND--CREATED-- PURPOSE--REQUIREMENTS TO RECEIVE FUNDING.--

A. The "adult education services fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The higher education department shall administer the fund, and money in the fund is appropriated to the higher education department to provide funding to charter schools providing adult education services that comply with the requirements of Subsection C of this section. Money in the fund is subject to appropriation by the legislature. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.

B. The higher education department shall provide annual funding to supplement a state or locally chartered charter school's operational or instructional costs for adult students. The department shall use the state or locally chartered charter school's financial plan provided in Subsection C of this section to determine the financial need of each state or locally chartered charter school prior to the end of fiscal year 2020. The department shall disburse the funding for each state or locally chartered charter school at the beginning of fiscal year 2021. Each state or locally chartered charter school may receive up to six thousand dollars ($6,000) in funding per student, per school year; provided that the total amount of funding distributed shall not exceed the available money in the adult education services fund.

C. In order to receive funding from the adult education services fund, charter schools shall comply with the following requirements:

(1) provide a copy of the charter school's original mission and vision plan for the education of adults;

(2) demonstrate that the charter school has served adult students for no less than five years and was serving adult students at the time this 2020 act went into effect;

(3) demonstrate that at least fifteen percent of the education services provided by the charter school are to the adult population;

(4) provide a financial plan that details the charter school's financial need for fiscal year 2021 before the end of fiscal year 2020; and

(5) demonstrate through the charter school's chartering authority and state auditors:

(a) fiscal responsibility and liquidity;

(b) governing body compliance; and

SECTION 3. TEMPORARY PROVISION--STRATEGIC ADULT EDUCATION PLAN.--

A. During the 2020-2021 school year, the higher education department and the public education department shall work to develop a strategic adult education plan with school districts and charter schools that provide education services to adult students who have not received a high school diploma or its equivalent and who have reached their twenty-second birthday on the first day of the school year.

B. The strategic adult education plan shall include:

(1) a structure for a funding system for adult education programs for adult students who have not received a high school diploma or its equivalent and who have reached their twenty-second birthday on the first day of the school year;

(2) supports for adult education programs for adult students who have not received a high school diploma or its equivalent and who have reached their twenty-second birthday on the first day of the school year;

(3) a pilot project that includes best practices for adult student remediation, academic acceleration and social-emotional supports; and

(4) rules regarding the safe and productive interaction between adult non-traditional students and traditional students.

SECTION 4. APPROPRIATION.--Six million dollars ($6,000,000) is appropriated from the general fund to the adult education services fund for expenditure in fiscal year 2021 and subsequent fiscal years to provide operational and instructional funds to charter schools providing education services for persons who have not received a high school diploma or its equivalent and who have reached their twenty-second birthday on the first day of the school year and meet other criteria provided in the Public School Finance Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

SECTION 5. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the higher education department for expenditure in fiscal year 2021 to hire personnel to oversee adult education services provided statewide and to provide funding to assist with operational expenses. Any unexpended or unencumbered balance remaining at the end of fiscal year 2021 shall revert to the general fund.

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