0001| AN ACT | 0002| RELATING TO EDUCATION; PROVIDING FOR THE DISTRIBUTION OF INSTRUCTIONAL | 0003| MATERIAL FUNDS DIRECTLY TO LOCAL SCHOOL BOARDS, STATE INSTITUTIONS | 0004| AND ADULT BASIC EDUCATION CENTERS; AMENDING SECTIONS OF THE PUBLIC | 0005| SCHOOL CODE. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 22-15-4 NMSA 1978 (being Laws 1967, Chapter | 0009| 16, Section 208, as amended) is amended to read: | 0010| "22-15-4. BUREAU--DUTIES.--Subject to the policies and | 0011| regulations of the state board, the bureau shall: | 0012| A. administer the provisions of the Instructional Material | 0013| Law; | 0014| B. enforce regulations for the handling, safekeeping and | 0015| distribution of instructional material and instructional material | 0016| funds and for inventory and accounting procedures to be followed by | 0017| school districts, state institutions, private schools and adult basic | 0018| education centers pursuant to the Instructional Material Law; | 0019| C. withdraw or withhold the privilege of participating in | 0020| the free use of instructional material in case of any violation of or | 0021| noncompliance with the provisions of the Instructional Material Law or | 0022| any regulations adopted pursuant thereto; and | 0023| D. enforce regulations relating to the use and operation of | 0024| instructional material depositories in the instructional material | 0025| distribution process." | 0001| Section 2. Section 22-15-5 NMSA 1978 (being Laws 1967, Chapter | 0002| 16, Section 209, as amended) is amended to read: | 0003| "22-15-5. INSTRUCTIONAL MATERIAL FUND.-- | 0004| A. The state treasurer shall establish a fund to be known | 0005| as the "instructional material fund". | 0006| B. The instructional material fund shall be used for the | 0007| purpose of paying for the cost of purchasing instructional material | 0008| pursuant to the Instructional Material Law. Transportation charges | 0009| for the delivery of instructional material to a school district, a | 0010| state institution, a private school as agent or an adult basic | 0011| education center and emergency expenses incurred in providing | 0012| instructional material to students may be included as a cost of | 0013| purchasing instructional material. Charges for rebinding of used | 0014| instructional materials that appear on the multiple list pursuant to | 0015| Section 22-15-8 NMSA 1978 may also be included as a cost of purchasing | 0016| instructional material." | 0017| Section 3. Section 22-15-7 NMSA 1978 (being Laws 1967, Chapter | 0018| 16, Section 211, as amended) is amended to read: | 0019| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.-- | 0020| A. Any qualified student or person eligible to become a | 0021| qualified student attending a public school, a state institution or a | 0022| private school approved by the state board in any grade from first | 0023| through the twelfth grade of instruction is entitled to the free use | 0024| of instructional material. Any student enrolled in an early childhood | 0025| education program as defined by Section 22-13-3 NMSA 1978 or person | 0001| eligible to become an early childhood education student as defined by | 0002| that section attending a private early childhood education program | 0003| approved by the state board is entitled to the free use of | 0004| instructional material. Any student in an adult basic education | 0005| program approved by the state board is entitled to the free use of | 0006| instructional material. | 0007| B. Instructional material shall be distributed to school | 0008| districts, state institutions, private schools and adult basic | 0009| education centers as agents for the benefit of students entitled to | 0010| the free use of the instructional material. | 0011| C. Any school district, state institution, private school | 0012| as agent or adult basic education center receiving instructional | 0013| material pursuant to the Instructional Material Law is responsible for | 0014| distribution of the instructional material for use by eligible | 0015| students and for the safekeeping of the instructional material." | 0016| Section 4. Section 22-15-8 NMSA 1978 (being Laws 1967, Chapter | 0017| 16, Section 212, as amended) is amended to read: | 0018| "22-15-8. MULTIPLE LIST--SELECTION.-- | 0019| A. The state board shall adopt a multiple list to be made | 0020| available to students pursuant to the Instructional Material Law. The | 0021| state board shall ensure that parents and other community members are | 0022| involved in the adoption process at the state level. | 0023| B. Pursuant to the provisions of the Instructional Material | 0024| Law, each school district, state institution, private school as agent | 0025| or adult basic education center may select instructional material for | 0001| the use of its students from the multiple list adopted by the state | 0002| board. Local school boards shall give written notice to parents and | 0003| other community members and shall invite parental involvement in the | 0004| adoption process at the district level. Local school boards shall | 0005| also give public notice, which notice may include publication in a | 0006| newspaper of general circulation in the school district." | 0007| Section 5. Section 22-15-9 NMSA 1978 (being Laws 1967, Chapter | 0008| 16, Section 213, as amended) is amended to read: | 0009| "22-15-9. DISTRIBUTION OF FUNDS FOR INSTRUCTIONAL MATERIAL.-- | 0010| A. On or before July 1 of each year, the department of | 0011| education shall allocate to each school district, state institution or | 0012| private school not less than ninety percent of its estimated | 0013| entitlement as determined from the estimated forty-day membership for | 0014| the next school year. A school district's, state institution's or | 0015| private school's entitlement is that portion of the total amount of | 0016| the annual appropriation less a deduction for a reasonable reserve for | 0017| emergency expenses that its forty-day membership bears to the | 0018| forty-day membership of the entire state. The allocation for adult | 0019| basic education shall be based on a full-time equivalency obtained by | 0020| multiplying the total previous year's enrollment by .25. For the | 0021| purpose of this allocation, additional pupils shall be counted as four | 0022| pupils. | 0023| B. On or before January 15 of each year, the department of | 0024| education shall recompute each entitlement using the forty-day | 0025| membership for that year, except for adult basic education, and shall | 0001| allocate the balance of the annual appropriation adjusting for any | 0002| over- or under-estimation made in the first allocation. | 0003| C. An amount not to exceed thirty percent of the | 0004| allocations attributed to each local school district, state | 0005| institution or adult basic education center may be used for | 0006| instructional material not included on the multiple list provided for | 0007| in Section 22-15-8 NMSA 1978. Adult basic education centers may | 0008| expend up to one hundred percent of their instructional material funds | 0009| for items that are not on the multiple list. | 0010| D. The department of education shall establish procedures | 0011| for the distribution of funds directly to local school districts, | 0012| state institutions and adult basic education centers. The department | 0013| of education shall distribute funds to private schools on a | 0014| reimbursement basis for instructional material included on the | 0015| multiple list provided for in Section 22-15-8 NMSA 1978. | 0016| E. A school district, state institution or adult basic | 0017| education center that has funds remaining for the purchase of | 0018| instructional material at the end of the fiscal year shall retain | 0019| those funds for expenditure in subsequent years. Any balance | 0020| remaining in an instructional material account of a private school at | 0021| the end of the fiscal year shall remain available for reimbursement by | 0022| the department of education for instructional material purchases in | 0023| subsequent years." | 0024| Section 6. Section 22-15-10 NMSA 1978 (being Laws 1967, Chapter | 0025| 16, Section 214, as amended) is amended to read: | 0001| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL MATERIAL.-- | 0002| A. With the approval of the chief, instructional material | 0003| acquired by a school district, state institution, private school or | 0004| adult basic education center pursuant to the Instructional Material | 0005| Law may be sold at a price determined by officials of the school | 0006| district, state institution, private school or adult basic education | 0007| center. The selling price shall not exceed the cost of the | 0008| instructional material to the state. | 0009| B. A school district, state institution, private school or | 0010| adult basic education center may hold the parent, guardian or student | 0011| responsible for the loss, damage or destruction of instructional | 0012| material while the instructional material is in the possession of the | 0013| student. A school district may withhold the grades, diploma and | 0014| transcripts of the student responsible for damage or loss of | 0015| instructional material until the parent, guardian or student has paid | 0016| for the damage or loss. When a parent, guardian or student is unable | 0017| to pay for damage or loss, the school district shall work with the | 0018| parent, guardian or student to develop an alternative program in lieu | 0019| of payment. Where a parent or guardian is determined to be indigent | 0020| according to guidelines established by the state board, the local | 0021| school district shall bear the cost. | 0022| C. A school district, state institution or adult basic | 0023| education center that has funds remaining for the purchase of | 0024| instructional material at the end of the fiscal year shall retain | 0025| those funds for expenditure in subsequent years. | 0001| D. All money collected by a private school for the sale, | 0002| loss, damage or destruction of instructional material received | 0003| pursuant to the Instructional Material Law shall be sent to the | 0004| department of education. | 0005| E. Upon order of the chief, a school district, state | 0006| institution, private school or adult basic education center shall | 0007| transfer to the department of education or its designee instructional | 0008| material, purchased with instructional material funds, that is in | 0009| usable condition and for which there is no use expected by the | 0010| respective schools." | 0011| Section 7. Section 22-15-11 NMSA 1978 (being Laws 1967, Chapter | 0012| 16, Section 215, as amended) is amended to read: | 0013| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL.--Each school | 0014| district, state institution, private school or adult basic education | 0015| center shall keep accurate records of all instructional material, | 0016| including cost records, on forms and by procedures prescribed by the | 0017| division." | 0018| Section 8. Section 22-15-12 NMSA 1978 (being Laws 1967, Chapter | 0019| 16, Section 216, as amended) is amended to read: | 0020| "22-15-12. ANNUAL REPORT.--Annually, at a time specified by the | 0021| department of education, each local school board of a school district | 0022| and each governing authority of a state institution, private school or | 0023| adult basic education center acquiring instructional material pursuant | 0024| to the Instructional Material Law shall file a report with the | 0025| department of education." | 0001| Section 9. EFFECTIVE DATE.--The effective date of the | 0002| provisions of this act is July 1, 1998. |