44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO EARLY CHILDHOOD AND FAMILY SUPPORT EDUCATION PROGRAMS; EXPANDING PROGRAMS; REQUIRING ACCOUNTABILITY; MAKING APPROPRIATIONS.

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

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] EARLY CHILDHOOD AND FAMILY SUPPORT EDUCATION PROGRAMS.--

A. The department of education, upon approval of optional early childhood and family support education programs, shall distribute money to those school districts that address program elements, including:

(1) initial implementation or expansion of full-day kindergarten;

(2) initial implementation or expansion of half-day programs for children ages three through five; and

(3) initial implementation or expansion of summer programs or transition programs for children ages three through five.

B. In requesting funding for early childhood and family support education programs, school districts shall establish partnerships with local community-based public or private programs that offer pre-school educational services. Each funded proposal shall include and demonstrate a family involvement component that is based on family support principles for each of the program elements described in Subsection A of this section. School districts shall maintain fiscal agent responsibility in a partnership.

C. In requesting funding for early childhood and family support education programs, school districts shall demonstrate a plan for a five-year phase-in as follows:

(1) effective with the 2001-2002 school year, the district shall serve those children most in need based upon the indicators in the at-risk factor;

(2) effective with the 2002-2005 school years, the district shall expand services to additional children in need or provide additional services to those children most in need; and

(3) effective with the 2005-2006 school year, the district shall expand services to the remainder of children in need or provide additional services to those children most in need."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PROGRAM APPROVAL.--

A. An approved early childhood and family support education program shall reflect the employment and economic development needs of the local community and encompass health, safety and nutrition. The program shall support the educational and developmental needs of children, address cultural diversity and provide family support.

B. A school district that receives funding for an early childhood and family support education program shall evaluate and document the results of the program in terms of the number of children and families served, the services provided and the gains achieved by the children and their families and then report those results to the department of education.

C. A school district that receives funding for an early childhood and family support education program shall implement or expand a program for job skills and leadership development for mothers and fathers of participants who are recipients of federal and state support. To satisfy federal and state temporary assistance for needy families block grant maintenance of effort requirements, a school district that receives funding shall identify and report families participating in the program who are eligible pursuant to the New Mexico Works Act.

D. Student and family participation in an early childhood and family support education program shall be voluntary on the part of parents."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DUTIES OF THE DEPARTMENT OF EDUCATION.--

A. By July 1, 2000, the department of education shall develop guidelines for the approval process for early childhood and family support education programs, disseminate those guidelines to all school districts and provide technical assistance in developing proposals. The department, in partnership with other agencies and interested persons, shall define approval criteria inclusive of at-risk indicators, quality performance indicators and benchmarks that ensure positive results for participants and provide accountability to the public.

B. The department of education shall monitor early childhood and family support education programs and ensure that they serve the children most in need based upon age-appropriate assessments. If the department determines that a program is not meeting the benchmarks necessary to ensure the progress of students in the program, the department shall notify the school district that failure of the program to meet the benchmarks within sixty days will result in the cessation of funding for the program. The department shall compile the program results submitted by the school districts and make an annual report to the legislative education study committee."

Section 4. Section 22-2-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 5, as amended) is amended to read:

"22-2-2. STATE BOARD--DUTIES.--Without limiting those powers granted to the state board pursuant to Section 22-2-1 NMSA 1978, the state board shall perform the following duties:

A. properly and uniformly enforce the provisions of the Public School Code;

B. determine policy for the operation of all public schools and vocational education programs in the state;

C. appoint a state superintendent;

D. purchase and loan instructional material to students pursuant to the Instructional Material Law and adopt rules relating to the use and operation of instructional material depositories in the instructional material distribution process;

E. designate courses of instruction to be taught in all public schools in the state;

F. assess and evaluate all state institutions and those private schools that desire state accreditation;

G. determine the qualifications for and issue a certificate to any person teaching, assisting teachers, supervising an instructional program, counseling, providing special instructional services or administering in public schools, according to law and according to a system of classification adopted and published by the state board;

H. suspend or revoke a certificate held by a certified school instructor or certified school administrator, according to law, for incompetency, immorality or [for] any other good and just cause;

I. make full and complete reports on consolidation of school districts to the legislature;

J. prescribe courses of instruction, requirements for graduation and standards for all public schools, including early childhood and family support education programs offered by the public schools, for private schools seeking state accreditation and for the educational programs conducted in state institutions other than the New Mexico military institute;

K. adopt rules for the administration of all public schools and bylaws for its own administration;

L. require periodic reports on forms prescribed by it from all public schools and attendance reports from private schools;

M. authorize adult educational programs to be conducted in schools under its jurisdiction and adopt and promulgate rules governing all such adult educational programs;

N. require any school under its jurisdiction that sponsors athletic programs involving sports to mandate that the participating student obtain catastrophic health and accident insurance coverage, such coverage to be offered through the school and issued by an insurance company duly licensed pursuant to the laws of New Mexico;

O. require all accrediting agencies for public schools in the state to act with its approval;

P. accept and receive all grants of money from the federal government or any other agency for public school purposes and disburse the money in the manner and for the purpose specified in the grant;

Q. require prior approval for any educational program in a public school that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency;

R. approve or disapprove all rules promulgated by any association or organization attempting to regulate any public school activity and invalidate any rule in conflict with any rule promulgated by the state board. The state board shall require any association or organization attempting to regulate any public school activity to comply with the provisions of the Open Meetings Act and be subject to the inspection of the Public Records Act. The state board may require performance and financial audits of any association or organization attempting to regulate any public school activity. The state board shall have no power or control over the rules or the bylaws governing the administration of the internal organization of the association or organization;

S. review decisions made by the governing board or officials of any organization or association regulating any public school activity, and any decision of the state board shall be final in respect thereto;

T. accept or reject any charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the state;

U. establish and maintain regional centers, at its discretion, for conducting cooperative services between public schools and school districts within and among those regions and to facilitate regulation and evaluation of school programs;

V. assess and evaluate for accreditation purposes at least one-third of all public schools each year through visits by department of education personnel to investigate the adequacy of pupil gain in standard required subject matter, adequacy of pupil activities, functional feasibility of public school and school district organization, adequacy of staff preparation and other matters bearing upon the education of the students;

W. provide for management and other necessary personnel to operate any public school or school district that has failed to meet requirements of law, state board standards or state board rules; provided that the operation of the public school or school district shall not include any consolidation or reorganization without the approval of the local board of that school district. Until such time as requirements of law, standards or rules have been met and compliance is assured, the powers and duties of the local school board shall be suspended;

X. establish and implement a plan that provides for technical assistance to local school boards through workshops and other in-service training methods; provided, however, that no plan shall require mandatory attendance by any member of a local school board;

Y. submit a plan applying for funds available under Public Law 94-142 and disburse these funds in the manner and for the purposes specified in the plan;

Z. enforce requirements for home schools. Upon finding that a home school is not in compliance with law, the state board has authority to order that a student attend a public school or a private school; and

AA. develop a systemic framework for professional development that provides training to ensure quality teachers and principals and that improves and enhances student achievement. The state board shall work with public school educators, the commission on higher education and institutions of higher education to establish the framework. The framework shall include:

(1) the criteria for school districts to apply for professional development funds, including an evaluation component that will be used by the department of education in approving local school district professional development plans; and

(2) guidelines for developing extensive professional development activities for school districts, including teaching strategies, curriculum materials, distance learning networks and web sites to ensure that the state board's rules pertaining to content standards and benchmarks are used by New Mexico teachers."

Section 5. Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended) is amended to read:

"22-2-8.1. LENGTH OF SCHOOL DAY--MINIMUM.--

A. Regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:

(1) pre-kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year;

[(1)] (2) kindergarten, for half-day programs, two and one-half hours per day or four hundred fifty hours per year or, for full-day programs, five hours per day or nine hundred hours per year;

[(2)] (3) grades one through six, five and one-half hours per day or nine hundred ninety hours per year; and

[(3)] (4) grades seven through twelve, six hours per day or one thousand eighty hours per year.

B. Nothing in this section precludes a local school board from setting length of school days in excess of the minimum requirements established by Subsection A of this section.

C. The state superintendent may waive the minimum length of school days in those districts where such minimums would create undue hardships as defined by the state board."

Section 6. Section 22-8-2 NMSA 1978 (being Laws 1978, Chapter 128, Section 3, as amended) is amended to read:

"22-8-2. DEFINITIONS.--As used in the Public School Finance Act:

A. "ADM" or "MEM" means membership;

B. "membership" means the total enrollment of qualified students on the current roll of a class or school on a specified day. The current roll is established by the addition of original entries and reentries minus withdrawals. Withdrawals of students, in addition to students formally withdrawn from the public school, include students absent from the public school for as many as ten consecutive school days;

C. "basic program ADM" or "basic program MEM" means the MEM of qualified students but excludes the full-time-equivalent MEM in early childhood education and three- and four-year-old students receiving special education services;

D. "cost differential factor" is the numerical expression of the ratio of the cost of a particular segment of the school program to the cost of the basic program in grades four through six;

E. "department" or "division" means the state

department of public education;

F. "early childhood education ADM" or "early childhood education MEM" means the full-time-equivalent MEM of students attending approved early childhood education programs;

G. "full-time-equivalent ADM" or "full-time- equivalent MEM" is that membership calculated by applying to the MEM in an approved public school program the ratio of the number of hours per school day devoted to the program to six hours or the number of hours per school week devoted to the program to thirty hours;

H. "operating budget" means the annual financial plan required to be submitted by a local school board;

I. "program cost" is the product of the total number of program units to which a school district is entitled multiplied by the dollar value per program unit established by the legislature;

J. "program element" is that component of a public school system to which a cost differential factor is applied to determine the number of program units to which a school district is entitled, including but not limited to MEM, full-time-equivalent MEM, teacher, classroom or public school;

K. "program unit" is the product of the program element multiplied by the applicable cost differential factor;

L. "public money" or "public funds" means all money from public or private sources received by a local school board or officer or employee of a local school board for public use;

M. "qualified student" means a public school student who:

(1) has not graduated from high school;

(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the state board for public school students; and

(3) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or

(4) is at least three years of age at any time during the school year and is receiving special education services pursuant to [regulation] rule of the state board or, from July 1, 2000 through June 30, 2003, is enrolled in an approved early childhood and family support education program; or

(5) has not reached his twenty-second birthday on the first day of the school year and is receiving special education services pursuant to [regulation] rule of the state board; and

N. "state superintendent" means the superintendent of public instruction or his designee."

Section 7. Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended) is amended to read:

"22-8-18. PROGRAM COST CALCULATION--LOCAL SCHOOL BOARD RESPONSIBILITY.--

A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) through [(4) in] (5) of this subsection by the [instruction] instructional staff training and experience index and adding the program units itemized as Paragraphs [(5)] (6) through [(8) in] (9) of this subsection. The itemized program units are as follows:

(1) early childhood education;

(2) early childhood and family support education;

[(2)] (3) basic education;

[(3)] (4) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

[(4)] (5) bilingual multicultural education;

[(5)] (6) size adjustment;

[(6)] (7) at-risk program;

[(7)] (8) enrollment growth or new district adjustment; and

[(8)] (9) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers.

B. The total program cost calculated as prescribed in Subsection A of this section includes the cost of early childhood, special, bilingual, multicultural and vocational education and other remedial or enrichment programs. It is the responsibility of the local school board to determine its priorities in terms of the needs of the community served by that board. Funds generated under the Public School Finance Act are discretionary to local school boards, provided that the special program needs as enumerated in this section are met."

Section 8. Section 22-8-19 NMSA 1978 (being Laws 1974, Chapter 8, Section 9, as amended) is amended to read:

"22-8-19. EARLY CHILDHOOD EDUCATION AND EARLY CHILDHOOD AND FAMILY SUPPORT EDUCATION PROGRAM UNITS.--

A. The number of early childhood education program units is determined by multiplying the early childhood education MEM by the cost differential factor 1.44. No early childhood education student shall be counted for more than 0.5 early childhood education MEM.

B. For the purpose of calculating early childhood and family support education program units, effective with school year 2001-2002, the early childhood education MEM of 1.0, not including developmentally disabled three- and four-year-old students, shall be multiplied by 0.144; effective with school year 2002-2003, the early childhood education MEM of 1.0, not including developmentally disabled three- and four-year-old students, shall be multiplied by 0.288; effective with school year 2003-2004, the early childhood education MEM of 1.0, not including developmentally disabled three- and four-year-old students, shall be multiplied by 0.432; effective with school year 2004-2005, the early childhood education MEM of 1.0, not including developmentally disabled three- and four-year-old students, shall be multiplied by 0.5766; and effective with school year 2005-2006, the early childhood and family support education MEM, which shall be determined by the number of students served by such programs, shall multiplied by 0.72.

[B.] C. For the purpose of calculating early childhood education program units, developmentally disabled three- and four-year-old students shall be counted in early childhood education membership. No developmentally disabled three- or four-year-old student shall be counted for more than 0.5 early childhood education MEM."

Section 9. [NEW MATERIAL] DUTIES OF THE HUMAN SERVICES DEPARTMENT.--The human services department shall assist the state department of public education and the local school districts in identifying and tracking children in families eligible for benefits pursuant to the New Mexico Works Act. The human services department shall also provide technical assistance to local school districts implementing or expanding a job skills program pursuant to Subsection C of Section 2 of this act.

Section 10. APPROPRIATIONS.--

A. Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal years 2001 and 2002 to develop and disseminate application guidelines and otherwise administer the provisions of this act pertaining to the early childhood and family support education program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

B. Nine million dollars ($9,000,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2001 and subsequent fiscal years for the purpose of funding early childhood and family support education program units at the program unit value established by the superintendent of public instruction. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

Section 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.