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AN ACT

RELATING TO EDUCATION; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. SHORT TITLE.--This act may be cited as the "Education Appropriation Act".

Section 2. DEFINITIONS.--As used in the Education Appropriation Act:

A. "federal funds" means any payments by the United States government to state

government or state agencies for specific purposes or in lieu of taxes, including grants,

reimbursements and payments made in accordance with contracts or cooperative agreements, and

shared revenue except those payments made in accordance with the federal Mineral Lands Leasing

Act (30 USCA 181, et seq.) and the State and Local Fiscal Assistance Act of 1972 (31 USCA 1221-

1264), as amended;

B. "general fund" means that fund created by Section 6-4-2 NMSA 1978 and includes

severance tax income fund and federal Mineral Lands Leasing Act receipts; and

C. "other state funds" means:

(1) unencumbered nonreverting balances in state agency accounts, other than in

internal service funds accounts, appropriated by the Education Appropriation Act;

(2) all revenue available to state agencies from sources other than the general

fund, internal service funds, interagency transfers and federal funds; and

(3) all revenue, the use of which is restricted by statute or agreement.

Section 3. FORMAT.--The general format of the appropriations set forth in the Education

Appropriation Act with respect to symbols used, column headings and amounts stated are those

used in the General Appropriation Act of 1996.

Section 4. APPROPRIATIONS.--The appropriation for public school support in fiscal year

1998 shall be:

PUBLIC SCHOOL SUPPORT:

(1) State equalization guarantee

distribution:

1,260,256.1 1,000.0

1,261,256.1

(2) Transportation distributions:

(a) Operations

70,084.9

(b) School-owned bus

replacements

2,457.0

rent fees

11,073.2

Subtotal

83,615.1

(3) Supplemental distributions:

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General State

Funds/Inter- Federal

Item

Fund

Funds

Agency Trnsf Funds

Total

(a) Out-of-state tuition

390.0

(b) Emergency

1,436.0

300.0

Subtotal

2,126.0

The rate of distribution of the state equalization guarantee distribution shall be based

on a program unit value determined by the superintendent of public instruction. The

superintendent of public instruction shall establish a preliminary unit value that shall be used

to establish tentative budgets for the 1997-98 school year. Upon completion of final budgets or

verification of the number of units statewide for fiscal year 1998, the superintendent of public

instruction may adjust the program unit value. Included in the state equalization guarantee are

sufficient funds to implement any funding formula changes.

The superintendent of public instruction may fund mid-year increases in student membership

resulting from expansion at military bases from the supplemental emergency fund. The

superintendent of public instruction may fund additional increases from the supplemental

emergency fund to prevent any school district from receiving less than its previous year's total

program cost as a result of any funding formula changes. The superintendent of public

instruction shall certify to the secretary of finance and administration that the need exists

before supplemental emergency funds may be released.

Included in the state equalization guarantee is twenty million eight hundred sixty-five

thousand eight hundred dollars ($20,865,800) to provide an additional statewide average two

percent salary increase for all public school employees, and included in the transportation

distributions for operations is five hundred seventy-six thousand six hundred dollars ($576,600)

to provide for an additional statewide average two percent salary increase for all public school

transportation employees.

The general fund appropriation to the public school fund shall be reduced by the amounts

transferred to the public school fund from the current school fund and from the federal Mineral

Lands Leasing Act (30 USCA 181, et seq.) receipts otherwise unappropriated.

Unexpended or unencumbered balances in the distributions authorized remaining at the end

of fiscal year 1998 from appropriations made from the general fund shall revert to the general

fund.

INSTRUCTIONAL MATERIAL FUND:

28,620.7 2,053.4

30,674.1

The appropriation to the instructional material fund is made from federal Mineral Lands

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General State

Funds/Inter- Federal

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Fund

Funds

Agency Trnsf Funds

Total

Leasing Act (30 USCA 181, et seq.) receipts.

EDUCATIONAL TECHNOLOGY FUND:

4,400.0

INCENTIVES FOR SCHOOL IMPROVEMENT

FUND:

500.0

Prior to distribution of the funds included in the general fund appropriation to the

incentives for school improvement fund, the state department of education shall develop a

formula by which to measure school achievement in the areas of academic performance with

consideration for socioeconomic variables. The funds shall be used to provide financial

incentives to individual schools that exceed expected academic performance. The department

shall submit its formula to the legislative education study committee for review.

TOTAL PUBLIC SCHOOL SUPPORT: 1,379,517.9 3,053.4

1,382,571.3

ADULT BASIC EDUCATION FUND:

4,700.0

2,159.8

6,859.8

FEDERAL FLOW THROUGH GRANTS:

200,426.7

STATE DEPARTMENT OF PUBLIC EDUCATION:

(1) Administration:

(a) Personal services

5,167.0

3.7

2,692.3

7,863.0

(b) Employee benefits

1,467.6

1.3

767.7

2,236.6

280.4

4.9

159.2

444.5

(d) Maintenance and repairs

75.8

74.5

5.2

155.5

(e) Supplies and materials

141.7

21.4

7.9

80.3

251.3

(f) Contractual services

343.0

14.6

728.9

1,086.5

(g) Operating costs

455.6

535.8

991.4

(h) Other costs

365.2

365.7

(i) Capital outlay

2.7

54.5

23.0

69.2

149.4

(j) Out-of-state travel

20.3

59.0

79.3

(k) Other financing uses

3.2

150.2

153.4

Authorized FTE: 166.0 Permanent; 65.0 Term; .2 Temporary

Subtotal

7,957.8 165.0

40.8

5,613.0

13,776.6

The general fund appropriation to the state department of public education includes two

hundred thousand dollars ($200,000) from federal Mineral Lands Leasing Act (30 USCA 181, et

seq.) receipts.

Unexpended or unencumbered balances in the state department of public education remaining

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at the end of fiscal year 1998 from appropriations made from the general fund shall not revert.

(2) Special projects:

3,914.0

The state department of public education shall conduct an application and review process

of special projects to determine the specific dollar amounts to be distributed to local school

districts or individual projects.

(3) Apprenticeship assistance:

600.0

(4) Regional education cooperatives:

(a) Region 9

128.1

1,856.7

1,984.8

Authorized FTE: 27.0 Term

(b) High Plains

1,970.7

1,184.0

3,154.7

Authorized FTE: 44.63 Term

1,324.7

1,278.9

2,603.6

Authorized FTE: 34.30 Term

(d) Northeast

24.9

790.1

815.0

Authorized FTE: 2.00 Term

(e) Northwest

816.5

Authorized FTE: 2.00 Term

SPECIAL APPROPRIATIONS:

The following special appropriations are made from the general fund to the following

agencies for expenditure in fiscal year 1998:

STATE DEPARTMENT OF PUBLIC EDUCATION:

(1) Accountability data system

375.0

(2) Statewide capital outlay needs

and equity analysis

400.0

(3) Strategic planning for public

schools

70.0

(4) Educator background check

60.0

(5) School-to-work

100.0

The general fund appropriation of seventy thousand dollars ($70,000) for strategic

planning includes one term full-time-equivalent position and operating expenses for the state

department of public education to continue strategic planning for public schools.

The general fund appropriation of three hundred seventy-five thousand dollars ($375,000)

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Funds

Agency Trnsf Funds

Total

for the accountability data system is contingent upon the educational technology bureau

submitting the information systems framework to the legislative finance committee.

The general fund appropriation of four hundred thousand dollars ($400,000) for the

statewide capital outlay needs and equity analysis is to enable the public school capital outlay

council to contract for a comprehensive analysis of statewide public school capital outlay and

infrastructure needs and make recommendations to the legislature for an equitable and efficient

method by which to meet those needs.

The general fund appropriation of sixty thousand dollars ($60,000) for educator background

checks is contingent upon passage of legislation requiring applicants for initial certification

to submit to a background check.

LEGISLATIVE EDUCATION STUDY

COMMITTEE STRATEGIC PLANNING:

70.0

COMMISSION ON HIGHER EDUCATION:

(1) Advanced placement

150.0

(2) Student teacher scholarships

100.0

Section 5. SEVERABILITY.--If any part or application of this act is held invalid, the

remainder or its application to other situations or persons shall not be affected.

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this

act take effect immediately.