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:

"SHORT TITLE.--This act may be cited as the "Legislative Parental Involvement Act"."

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

"PURPOSE.--The purpose of the Legislative Parental Involvement Act is to promote school and community partnerships that will increase parental involvement in public schools to promote the social, emotional and academic growth of children; to foster relationships and improve communications between home, school, the parent, the student and the community; and to provide greater accountability among parents, school personnel and students."

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

"DEFINITIONS.--As used in the Legislative Parental Involvement Act:

A. "fund" means the legislative parental involvement fund;

B. "parental involvement" means that parents of students at a public school are involved in school activities, including participating in a parent-teacher organization, assisting in classroom activities, chaperoning student activities, participating in school fund-raising activities or attending parent-teacher conferences or other school-related functions;

C. "parental involvement funds" means the money raised by a participating school and state matching funds; and

D. "participating school" means a public school that has at least fifty percent parental involvement and participates in the legislative parental involvement program."

Section 4. A new section of the Public School Code is enacted to read:


A. The "legislative parental involvement program" is created in the department of education to distribute state matching funds to participating schools for increasing parental involvement based on a ratio of the amount of money raised by the participating school and the participating school's percentage of students eligible for free and reduced fee lunch programs. The department may promulgate rules to implement the program, including the monitoring component provided for in Section 7 of the Legislative Parental Involvement Act.

B. A public school that meets the definition of a participating school is eligible for state matching funds through the legislative parental involvement program.

C. On or before November 15 and April 15 of each school year, a participating school shall report to the department of education the amount and sources of money raised by the participating school.

D. The student council and the parent-teacher association of the participating school shall determine how parental involvement funds are to be expended; provided that if the public school does not have a student council or parent-teacher association, the school principal shall constitute a committee of parents and students to determine the expenditures. Parental involvement funds may be used to purchase educational materials, including textbooks, library books, educational media and technological enhancements, but shall not be used for salaries or capital outlay expenditures."

Section 5. A new section of the Public School Code is enacted to read:


A. The "legislative parental involvement fund" is created in the state treasury. The fund shall consist of any state money appropriated to the fund, any federal money allocated to the state for the purposes of the Legislative Parental Involvement Act, undistributed annual balances and earnings of the fund and any gifts, grants, donations or bequests made to the fund. The balance remaining in the fund at the end of the fiscal year shall not revert to the general fund.

B. The department of education shall administer the fund and money in the fund is appropriated to the department to carry out the purposes of the Legislative Parental Involvement Act. No more than three percent of the fund may be retained by the department for administrative purposes. Money in the fund other than that used for administrative purposes shall be distributed directly to schools that qualify for funding under the provisions of that act."

Section 6. A new section of the Public School Code is enacted to read:


A. The department of education shall distribute state matching funds from the fund once in the fall semester and once in the spring semester. For the fall semester, on or before December 1 of each year, and for the spring semester, on or before May 1 of each year, the department shall distribute fifty percent of the balance of the fund as of July 1 of the fiscal year of distribution, less three percent for administration. The money shall be distributed pursuant to the formula provided in Subsection B of this section on a first-come, first-served basis; provided that no single annual award shall exceed twenty thousand dollars ($20,000) per participating school.

B. The ratios for state matching funds shall be:

Students Receiving Free and Reduced Ratio of

Fee Lunches by School as Percentage Participating-

of Fortieth Day Membership for Fall School Money

Semester and Eightieth Day Membership Generated to State

for Spring Semester Matching Funds


greater than 90% 1:4

less than 90%, but greater than 75% 1:3

less than 75%, but greater than 50% 1:2

less than 50%, but greater than 25% 1:1

less than 25% 1:.5."

Section 7. A new section of the Public School Code is enacted to read:


A. Annually, at a time specified by the department of education, each school district that has participating schools shall file a report with the department regarding distributions received, expenditures made, parental involvement activities held, the impact of parental involvement on student achievement and any related information required by the department of education. The department shall compile the results of the legislative parental involvement program and report annually to the legislative education study committee.

B. The department of education shall develop procedures for schools to measure and report increases in parental involvement and the effect of parental involvement on both specific student academic achievement and school academic achievement.

C. If the department of education determines that a participating school is not complying with the provisions of the legislative parental involvement program, it shall notify the participating school and the school district that the participating school may not receive funding for the program for the next semester."

Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.