0001|                            HOUSE BILL 417
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                         ROBERTO J. GONZALES
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0005|     
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0006|                                   
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0007|     
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0008|            FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO EDUCATION; AMENDING THE INSTRUCTIONAL MATERIALS
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0012|     DISTRIBUTION TO COUNT ADDITIONAL PUPILS AS SIX PUPILS.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 22-15-9 NMSA 1978 (being Laws 1967,
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0016|     Chapter 16, Section 213, as amended) is amended to read:
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0017|          "22-15-9.  DISTRIBUTION OF FUNDS FOR INSTRUCTIONAL
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0018|     MATERIAL.--
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0019|               A.  On or before July 1 of each year, the
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0020|     department of education shall allocate to each school
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0021|     district, state institution or private school not less than
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0022|     ninety percent of its estimated entitlement as determined from
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0023|     the estimated forty-day membership for the next school year. 
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0024|     A school district's, state institution's or private school's
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0025|     entitlement is that portion of the total amount of the annual
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0001|     appropriation less a deduction for a reasonable reserve for
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0002|     emergency expenses that its forty-day membership bears to the
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0003|     forty-day membership of the entire state.  <u>For the purpose of
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<u></u>0004| <u>    this allocation, additional pupils shall be counted as six
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<u></u>0005| <u>    pupils.</u>  The allocation for adult basic education shall be
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0006|     based on a full-time equivalency obtained by multiplying the
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0007|     total previous year's enrollment by .25.  <s>[For the purpose of
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<s></s>0008| <s>    this allocation, additional pupils shall be counted as four
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<s></s>0009| <s>    pupils.]</s>
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0010|               B.  On or before January 15 of each year, the
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0011|     department of education shall recompute each entitlement using
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0012|     the forty-day membership for that year, except for adult basic
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0013|     education, and shall allocate the balance of the annual
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0014|     appropriation adjusting for any over- or under-estimation made
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0015|     in the first allocation. 
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0016|               C.  An amount not to exceed thirty percent of the
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0017|     allocations attributed to each local school district, state
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0018|     institution or adult basic education center may be used for
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0019|     instructional material not included on the multiple list
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0020|     provided for in Section 22-15-8 NMSA 1978.  Adult basic
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0021|     education centers may expend up to one hundred percent of
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0022|     their instructional material funds for items that are not on
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0023|     the multiple list.
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0024|               D.  The department of education shall establish
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0025|     procedures for the distribution of funds directly to local
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0001|     school districts, state institutions and adult basic education
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0002|     centers.  The department of education shall distribute funds
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0003|     to private schools on a reimbursement basis for instructional
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0004|     material included on the multiple list provided for in Section
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0005|     22-15-8 NMSA 1978.
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0006|               E.  A school district, state institution or adult
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0007|     basic education center that has funds remaining for the
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0008|     purchase of instructional material at the end of the fiscal
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0009|     year shall retain those funds for expenditure in subsequent
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0010|     years.  Any balance remaining in an instructional material
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0011|     account of a private school at the end of the fiscal year
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0012|     shall remain available for reimbursement by the department of
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0013|     education for instructional material purchases in subsequent
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0014|     years."
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0015|                              
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