0001| HOUSE BILL 3 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1996 | 0003| INTRODUCED BY | 0004| SAMUEL F. VIGIL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY. | 0012| | 0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0014| Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act". | 0015| Section 2. DEFINITIONS.--As used in the Education Appropriation Act: | 0016| A. "federal funds" means any payments by the United States government to state | 0017| government or state agencies for specific purposes or in lieu of taxes, including grants, | 0018| reimbursements and payments made in accordance with contracts or cooperative agreements, and | 0019| shared revenue except those payments made in accordance with the federal Mineral Lands Leasing Act | 0020| (30 U.S.C.A. 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 U.S.C.A. | 0021| 1221-1264), as amended; | 0022| B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes | 0023| severance tax income fund and federal Mineral Lands Leasing Act receipts; and | 0024| C. "other state funds" means: | 0025| (1) unencumbered nonreverting balances in state agency accounts, other than in | 0001| internal service funds accounts, appropriated by the Education Appropriation Act; | 0002| (2) all revenue available to state agencies from sources other than the general | 0003| fund, internal service funds, interagency tranfers and federal funds; and | 0004| (3) all revenue, the use of which is restricted by statute or agreement. | 0005| Section 3. FORMAT.--The general format of the appropriations set forth in the Education | 0006| Appropriation Act with respect to symbols used, column headings and amounts stated are those used | 0007| in the General Appropriation Act of 1995. | 0008| Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year 1997 | 0009| shall be: | 0010| PUBLIC SCHOOL SUPPORT: | 0011| (1) State equalization guarantee | 0012| distribution: 1,164,496.8 1,000.0 1,165,496.8 | 0013| (2) Transportation distributions: | 0014| (a) Operations 68,153.7 68,153.7 | 0015| (b) School-owned bus | 0016| replacements 2,152.4 2,152.4 | 0017| (c) Contractor-owned bus | 0018| rent fees 9,826.4 9,826.4 | 0019| Subtotal 80,132.5 80,132.5 | 0020| (3) Supplemental distributions: | 0021| (a) Out-of-state tuition 390.0 390.0 | 0022| (b) Emergency 1,421.0 1,421.0 | 0023| (c) Emergency capital outlay 300.0 300.0 | 0024| (4) Training and experience 3,214.0 3,214.0 | 0025| (5) Special education - eval. svcs 2,800.0 2,800.0 | 0001| Subtotal 1,252,754.3 1,000.0 1,253,754.3 | 0002| The rate of distribution of the state equalization guarantee distribution shall be based on | 0003| a program unit value determined by the superintendent of public instruction. That unit value | 0004| shall be used to establish tentative budgets for the 1996-97 school year. Upon completion of | 0005| final budgets or verification of the number of units statewide for fiscal year 1997, the | 0006| superintendent of public instruction may adjust the program unit value. | 0007| The general fund appropriation of three million two hundred fourteen thousand dollars | 0008| ($3,214,000) for training and experience shall enable the superintendent of public instruction to | 0009| make an additional distribution to certain local school districts. Any local school district not | 0010| receiving a waiver from the superintendent of public instruction in the calculation of the October | 0011| 1995 training and experience index for instructional staff shall receive an additional | 0012| distribution for the 1996-97 school year. That distribution shall be calculated as follows: | 0013| number of membership program units in that district times (.007) times the unit value established | 0014| by the superintendent of public instruction for the 1996-97 school year. | 0015| The general fund appropriation of two million eight hundred thousand dollars ($2,800,000) | 0016| for special education evaluative services shall be distributed to school districts requiring the | 0017| services of special education evaluative personnel in fiscal year 1997 as determined by the | 0018| superintendent of public instruction. | 0019| The general fund appropriation to the public school fund shall be reduced by the amounts | 0020| transferred to the public school fund from the current school fund and from the federal Mineral | 0021| Lands Leasing Act (30 U.S.C.A. 181, et seq.) receipts otherwise unappropriated. | 0022| Unexpended or unencumbered balances in the distributions authorized remaining at the end of | 0023| fiscal year 1997 from appropriations made from the general fund shall revert to the general fund. | 0024| INSTRUCTIONAL MATERIAL FUND: 22,620.7 500.0 23,120.7 | 0025| The appropriation to the instructional material fund is made from the federal Mineral Lands | 0001| Leasing Act (30 U.S.C.A. 181, et seq.) receipts. | 0002| STATE SUPPORT RESERVE FUND: 1,250.0 1,250.0 | 0003| EDUCATIONAL TECHNOLOGY FUND: 3,050.0 3,050.0 | 0004| TOTAL PUBLIC SCHOOL SUPPORT: 1,279,675.0 1,500.0 1,281,175.0 | 0005| ADULT BASIC EDUCATION FUND: 3,000.0 1,645.3 4,645.3 | 0006| STATE DEPARTMENT OF PUBLIC EDUCATION: | 0007| (1) Administration: | 0008| (a) Personal services 5,346.4 30.3 2,739.5 8,116.2 | 0009| (b) Employee benefits 1,471.7 9.5 797.4 2,278.6 | 0010| (c) In-state travel 296.1 5.5 191.4 493.0 | 0011| (d) Maintenance and repairs 104.7 36.2 4.3 145.2 | 0012| (e) Supplies and materials 144.6 30.2 94.5 269.3 | 0013| (f) Contractual services 251.0 13.8 690.4 955.2 | 0014| (g) School bus inspections 295.0 295.0 | 0015| (h) Operating costs 351.8 5.3 551.8 908.9 | 0016| (i) Other costs 3.4 204.0 207.4 | 0017| (j) Capital outlay 20.9 49.4 70.3 | 0018| (k) Out-of-state travel 25.0 .8 64.6 90.4 | 0019| (l) Operating transfers out 5.2 .1 152.0 157.3 | 0020| Authorized FTE: 169.0 Permanent; 65.0 Term; .2 Temporary | 0021| Subtotal 8,315.8 50.0 81.7 5,539.3 13,986.8 | 0022| The general fund appropriation to the state department of public education includes two | 0023| hundred ninety-five thousand dollars ($295,000) to implement and administer a school bus | 0024| inspection program. | 0025| The appropriation to the state department of public education includes two hundred thirty-four thousand five hundred dollars ($234,500) from federal Mineral Lands Leasing Act (30 U.S.C.A. | 0001| 181, et seq.) receipts. | 0002| Category transfers and budget increases from internal service funds/interagency transfers | 0003| are specifically authorized for the state department of public education. Such internal service | 0004| funds/interagency transfers are appropriated. | 0005| (2) Special projects: 3,000.0 3,000.0 | 0006| (3) Apprenticeship assistance: 600.0 600.0 | 0007| (4) Regional education cooperatives: | 0008| (a) Region IX 56.6 1,402.8 1,459.4 | 0009| Authorized FTE: 26.0 Term | 0010| (b) High Plains 1,122.4 1,160.9 2,283.3 | 0011| Authorized FTE: 44.15 Term | 0012| (c) Central 681.5 1,107.1 1,788.6 | 0013| Authorized FTE: 27.56 Term | 0014| Category transfers and budget increases from other state funds and internal service | 0015| funds/interagency transfers are specifically authorized for regional education cooperatives. Such | 0016| other state funds and internal service funds/interagency transfers are appropriated. | 0017| Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the | 0018| remainder or its application to other situations or persons shall not be affected. | 0019| Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this | 0020| act take effect immediately. | 0021| - - | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| FORTY-SECOND LEGISLATURE | 0003| SECOND SESSION | 0004| | 0005| | 0006| January 24, 1996 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your EDUCATION COMMITTEE, to whom has been referred | 0012| | 0013| | 0014| HOUSE BILL 3 | 0015| | 0016| | 0017| has had it under consideration and reports same with recommendation that it DO PASS, amended | 0018| as follows: | 0019| | 0020| | 0021| 1. On page 2, line 12, under the column "General Fund", strike "1,164,496.8" and insert | 0022| in lieu thereof "1,187,945.8". | 0023| | 0024| 2. On page 2, between lines 12 and 13, insert the following item and appropriation under | 0025| the column "General Fund" to read: | 0001| | 0002| "(a) Additional state equalization guarantee distribution - special education | 0003| 2,800". | 0004| | 0005| 3. On page 2, line 14, under the column "General Fund", strike "68,153.7" and insert in | 0006| lieu thereof "68,939.3". | 0007| | 0008| 4. On page 2, strike line 25 in its entirety. | 0009| | 0010| 5. On page 3, between lines 6 and 7, insert the following new paragraphs to read: | 0011| | 0012| | 0013| | 0014| "For the 1996-97 school year, the additional state equalization guarantee distribution | 0015| for special education shall be added to the state equalization guarantee distribution prior to | 0016| the calculation required pursuant to Section 22-8-25 NMSA 1978. During that school year, the | 0017| state department of public education shall define special education related services to | 0018| include evaluation for purposes of calculating the state equalization guarantee distribution. | 0019| | 0020| Included in the above distributions are sufficient funds for an average two percent | 0021| salary increase for all public school personnel.". | 0022| | 0023| 6. On page 3, line 13, strike "(.007)" and insert in lieu thereof "(.006)". | 0024| | 0025| 7. On page 3, strike lines 15 through 18 in their entirety. | 0001| | 0002| 8. On page 4, line 3, under the column "General Fund", strike "3,050.0" and insert in | 0003| lieu thereof "3,400.0". | 0004| | 0005| 9. On page 4, line 4, under the column "General Fund", strike "1,279,675.0" and insert | 0006| in lieu thereof "1,304,259.6". | 0007| | 0008| 10. On page 4, line 5, under the column "General Fund", strike "3,000.0" and under the | 0009| column "Federal Funds", strike "1,645.3". | 0010| | 0011| 11. On page 4, between lines 5 and 6, insert the following items, appropriations under | 0012| the columns "General Fund" and "Federal Funds" and language to read: | 0013| | 0014| "(a) General education development 342.9 182.8 | 0015| (b) Project forward 414.9 221.2 | 0016| (c) Adult basic education 1,739.0 926.9 | 0017| (d) English as a second language 589.9 314.4 | 0018| Subtotal 3,086.7 1,645.3 | 0019| | 0020| | 0021| | 0022| The state department of public education shall proportionately distribute the adult basic | 0023| education appropriation to each adult basic education instructional site based on the number | 0024| of students in each program as verified by the department for the 1995-96 school year. Each | 0025| site shall keep accurate counts of the students in the programs and report to the department. | 0001| Transfer of funds from one program to another shall be determined on a site-by-site basis and | 0002| must be approved by the legislative finance committee and the commission on higher | 0003| education.". | 0004| | 0005| 12. On page 4, line 14, under the column "General Fund", strike "295.0" and insert in | 0006| lieu thereof "75.0". | 0007| | 0008| 13. On page 4, lines 22 and 23, strike "two hundred ninety-five thousand dollars | 0009| ($295,000)" and insert in lieu thereof "seventy-five thousand dollars ($75,000)". | 0010| | 0011| 14. On page 5, between lines 5 and 6, insert the following: | 0012| | 0013| "Unexpended or unencumbered balances in the state department of public education remaining at | 0014| the end of fiscal year 1997 from appropriations made from the general fund shall not revert.". | 0015| | 0016| 15. On page 5, line 13, under the column "Other State Funds", strike "681.5" and insert | 0017| in lieu thereof "1,367.1". | 0018| | 0019| 16. On page 5, between lines 14 and 15, insert the following items, appropriations under | 0020| the columns "Other State Funds" and "Federal Funds" and language to read: | 0021| | 0022| "(d) Northeast 24.3 721.6 | 0023| Authorized FTE: 3.9 Term | 0024| | 0025| (e) Pecos Valley 413.9 838.4 | 0001| Authorized FTE: 21.8 Term | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| The appropriations to the Northeast and Pecos Valley regional | 0010| education cooperatives are contingent upon the state department of public education completing | 0011| and distributing a regional education cooperative operating manual for all existing regional | 0012| education cooperatives. The manual shall delineate the oversight role of the state department | 0013| of public education and shall be approved by the legislative finance committee and the | 0014| legislative education study committee. | 0015| | 0016| In distributing money appropriated to the state department of public education for | 0017| special projects, the department shall conduct an application and review process to determine | 0018| the specific dollar amounts to be distributed to local school districts or individual | 0019| projects. After distribution, the department shall report to the legislative education study | 0020| committee and the legislative finance committee the number of projects funded, the name and | 0021| description of projects funded, the amount awarded to each, the criteria utilized in selecting | 0022| the projects, the amount of administrative costs and direct services provided by a project, | 0023| the amount of required matching funds, funds available from other than state sources, the | 0024| population and school districts served by a project, the performance indicators and the | 0025| ability to replicate successful projects. | 0001| | 0002| In distributing the general fund appropriation for apprenticeship assistance, the state | 0003| department of public education shall conduct an application and review process to determine | 0004| the amounts to be allocated for individual programs. The department shall report to the | 0005| legislative education study committee and the legislative finance committee regarding the | 0006| number of programs funded, including the name and description of programs funded, the amount | 0007| awarded to each, the criteria utilized in making awards, the administrative costs and direct | 0008| services provided by a program, required matching funds, the availability of funds from other | 0009| than state sources, the areas served, the performance indicators and the ability to replicate | 0010| successful programs.". | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| 17. On page 5, between lines 17 and 18, insert the following items, appropriations under | 0017| the column "General Fund" and language to read: | 0018| | 0019| "SPECIAL APPROPRIATIONS: | 0020| STATE DEPARTMENT OF PUBLIC EDUCATION | 0021| | 0022| (1) Staff development 178.0 | 0023| (2) World class teacher project 100.0 | 0024| (3) Year-round/double sessions 200.0 | 0025| (4) School to work 100.0 | 0001| (5) National board cert. - 4% sal. inc. 30.0 | 0002| (6) Capital outlay cost-benefit study 100.0 | 0003| | 0004| The general fund appropriation of one hundred seventy-eight thousand dollars ($178,000) | 0005| for staff development shall be distributed equally to each local school district to design and | 0006| implement professional development plans for all school employees based on criteria adopted by | 0007| the state board of education. The board shall develop and adopt a statewide professional | 0008| development framework based on the school districts' plans and submit a written report to the | 0009| legislative education study committee by November 1, 1996 with recommendations for future | 0010| funding of professional development. | 0011| | 0012| The general fund appropriation of two hundred thousand dollars ($200,000) for year-round | 0013| schools or double session schools shall be distributed proportionately by the superintendent | 0014| of public instruction to local school districts operating year round and to districts | 0015| operating high schools on a double-session schedule at a rate determined by the superintendent | 0016| of public instruction. | 0017| | 0018| The general fund appropriation of one hundred thousand dollars ($100,000) for school to | 0019| work shall be used to establish a school-to- work planning system to provide opportunities for | 0020| students in the work force. | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| The general fund appropriation of thirty thousand dollars ($30,000) shall be distributed | 0003| in appropriate increments to each school district for the purpose of providing a four percent | 0004| salary increase for national board certified teachers after the superintendent of public | 0005| instruction receives official notice from the national board for professional teaching | 0006| standards verifying that a teacher in the district has received national board certification. | 0007| | 0008| The general fund appropriation of one hundred thousand dollars ($100,000) for a capital | 0009| outlay cost-benefit study shall be used to contract for a statewide study of the | 0010| infrastructure needs of school districts. The public school capital outlay council shall | 0011| develop criteria for a request for proposals and shall select the contractor for the study. | 0012| The contractor shall present a completed report of the study with recommendations to the | 0013| public school capital outlay council and the legislative education study committee no later | 0014| than December 1, 1996. | 0015| | 0016| LEGISLATIVE EDUCATION STUDY COMMITTEE: | 0017| STRATEGIC PLANNING 100.0 | 0018| | 0019| The legislative education study committee, in cooperation with the legislature, the | 0020| executive, the judiciary, the state board of education and the public, shall develop and reach | 0021| consensus on a statewide strategic plan for New Mexico's public schools that provides a well-defined vision and articulated steps to define and achieve national preeminence in | 0022| education.". | 0023| | 0024| 18. Adjust all totals and subtotals accordingly., | 0025| | 0001| and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE. | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| The roll call vote on Amendments #1-13 and 15-17 was 9 For | 0008| 2 Against | 0009| Yes: 9 | 0010| No: Dolliver, Weeks | 0011| Excused: Nicely | 0012| Absent: None | 0013| | 0014| | 0015| Respectfully submitted, | 0016| | 0017| | 0018| _____________________________ | 0019| Sanuel F. Vigil, Chairman | 0020| | 0021| | 0022| | 0023| Adopted___________________ Not Adopted___________________ | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| | 0002| | 0003| Date ______________ | 0004| | 0005| | 0006| | 0007| The roll call vote was 9 For 3 Against | 0008| Yes: 9 | 0009| No: Dolliver, Nicely, Weeks | 0010| Excused: None | 0011| Absent: None |