0001| SENATE EDUCATION COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 317 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO EDUCATION; AMENDING CERTAIN SECTIONS OF THE PUBLIC | 0013| SCHOOL FINANCE ACT TO ALLOW CERTAIN SCHOOL DISTRICTS TO | 0014| CALCULATE THE TRAINING AND EXPERIENCE INDEX USING THE OCTOBER | 0015| PAYROLL OF THE YEAR IN WHICH GRADE LEVELS ARE ADDED; MAKING AN | 0016| APPROPRIATION; DECLARING AN EMERGENCY. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 22-8-24 NMSA 1978 (being Laws 1974, | 0020| Chapter 8, Section 15, as amended by Laws 1993, Chapter 91, | 0021| Section 1 and also by Laws 1993, Chapter 237, Section 3) is | 0022| amended to read: | 0023| "22-8-24. INSTRUCTIONAL STAFF TRAINING AND EXPERIENCE | 0024| INDEX--DEFINITIONS--FACTORS--CALCULATIONS.-- | 0025| A. For the purpose of calculating the instructional | 0001| staff training and experience index, the following definitions | 0002| and limitations shall apply: | 0003| (1) "instructional staff" means the personnel | 0004| assigned to the instructional program of the school district, | 0005| excluding principals, substitute teachers, instructional aides, | 0006| secretaries and clerks; | 0007| (2) the number of instructional staff to be | 0008| counted in calculating the instructional staff training and | 0009| experience index is the actual number of full-time equivalent | 0010| instructional staff on the October payroll; | 0011| (3) the number of years of experience to be | 0012| used in calculating the instructional staff training and | 0013| experience index is that number of years of experience allowed | 0014| for salary increment purposes on the salary schedule of the | 0015| school district; and | 0016| (4) the academic degree and additional credit | 0017| hours to be used in calculating the instructional staff | 0018| training and experience index is the degree and additional | 0019| semester credit hours allowed for salary increment purposes on | 0020| the salary schedule of the school district. | 0021| B. The factors for each classification of academic | 0022| training by years of experience are provided in the following | 0023| table: | 0024| Years of Experience | 0025| Academic | 0001| Classification 0 - 2 3 - 5 6 - 8 9 - 15 Over 15 | 0002| Bachelor's degree | 0003| or less .75 .90 1.00 1.05 1.05 | 0004| Bachelor's degree plus | 0005| 15 credit hours .80 .95 1.00 1.10 1.15 | 0006| Master's degree or | 0007| bachelor's degree | 0008| plus 45 credit | 0009| hours .85 1.00 1.05 1.15 1.20 | 0010| Master's degree plus | 0011| 15 credit hours .90 1.05 1.15 1.30 1.35 | 0012| Post-master's degree | 0013| or master's degree | 0014| plus 45 credit | 0015| hours 1.00 1.15 1.30 1.40 1.50. | 0016| C. The instructional staff training and experience | 0017| index for each school district shall be calculated in accordance | 0018| with instructions issued by the state superintendent. The | 0019| following calculations shall be computed: | 0020| (1) multiply the number of full-time equivalent | 0021| instructional staff in each academic classification by the | 0022| numerical factor in the appropriate "years of experience" column | 0023| provided in the table in Subsection B of this section; | 0024| (2) add the products calculated in Paragraph (1) | 0025| of this subsection; and | 0001| (3) divide the total obtained in Paragraph (2) | 0002| of this subsection by the total number of full-time equivalent | 0003| instructional staff. | 0004| D. In the event that the result of the calculation of | 0005| the training and experience index is 1.0 or less, the district's | 0006| factor shall be no less than 1.0. | 0007| E. In the event that a new school district is created, | 0008| the training and experience index for that district is 1.12. | 0009| F. In the event that additional grade levels are | 0010| authorized by the state superintendent for a school district, the | 0011| training and experience index for the school district shall be | 0012| calculated to include instructional staff added for the additional | 0013| grade levels in the October payroll of the year in which the grade | 0014| levels are added." | 0015| Section 2. Section 22-8-25 NMSA 1978 (being Laws 1981, | 0016| Chapter 176, Section 5, as amended by Laws 1993, Chapter 226, | 0017| Section 23 and also by Laws 1993, Chapter 231, Section 14) is | 0018| amended to read: | 0019| "22-8-25. STATE EQUALIZATION GUARANTEE DISTRIBUTION-- | 0020| DEFINITIONS--DETERMINATION OF AMOUNT.-- | 0021| A. The state equalization guarantee distribution is | 0022| that amount of money distributed to each school district to ensure | 0023| that the school district's operating revenue, including its local | 0024| and federal revenues as defined in this section, is at least equal | 0025| to the school district's program cost. | 0001| B. "Local revenue", as used in this section, means | 0002| ninety-five percent of receipts to the school district derived | 0003| from that amount produced by a school district property tax | 0004| applied at the rate of fifty cents ($.50) to each one thousand | 0005| dollars ($l,000) of net taxable value of property allocated to the | 0006| school district and to the assessed value of products severed and | 0007| sold in the school district as determined under the Oil and Gas Ad | 0008| Valorem Production Tax Act and upon the assessed value of | 0009| equipment in the school district as determined under the Oil and | 0010| Gas Production Equipment Ad Valorem Tax Act. | 0011| C. "Federal revenue", as used in this section, means | 0012| ninety-five percent of receipts to the school district, excluding | 0013| amounts [which] that, if taken into account in the computation of | 0014| the state equalization guarantee distribution, result, under | 0015| federal law or regulations, in a reduction in or elimination of | 0016| federal school funding otherwise receivable by the school | 0017| district, derived from the following: | 0018| (l) the school district's share of forest | 0019| reserve funds distributed in accordance with Section 22-8-33 NMSA | 0020| 1978; and | 0021| (2) grants from the federal government as | 0022| assistance to those areas affected by federal activity authorized | 0023| in accordance with Sections 236 through 240 of Title 20 of the | 0024| United States Code (commonly known as "PL 874 funds") or an amount | 0025| equal to the revenue the district was entitled to receive if no | 0001| application was made for such funds but deducting from those | 0002| grants the additional amounts to which school districts would be | 0003| entitled because of the provisions of Subparagraph (D) of | 0004| Paragraph (2) of Subsection (d) of Section 238 of Title 20 of the | 0005| United States Code. | 0006| D. To determine the amount of the state equalization | 0007| guarantee distribution, the state superintendent shall: | 0008| (l) calculate the number of program units to | 0009| which each school district is entitled using the membership of the | 0010| fortieth day of the school year, except for school districts with | 0011| a MEM of 200 or less where the number of program units shall be | 0012| calculated on the fortieth day membership of either the prior year | 0013| or the current year, whichever is greater, for all programs except | 0014| special education, which shall be calculated by using the | 0015| membership on December 1 of the school year; or | 0016| (2) calculate the number of program units to | 0017| which a school district operating under an approved year-round | 0018| school calendar is entitled using the membership on an appropriate | 0019| date established by the state board; | 0020| (3) using the results of the calculations in | 0021| Paragraph (l) or (2) of this subsection and the instructional | 0022| staff training and experience index from the October report of the | 0023| prior school year establish a total program cost of the school | 0024| district provided that, in the event additional grade levels are | 0025| authorized by the state superintendent for a school district, that | 0001| portion of the training and experience index reflecting | 0002| instructional staff for the additional grade levels shall be | 0003| calculated from the October payroll of the current year; | 0004| (4) calculate the local and federal revenues as | 0005| defined in this section; | 0006| (5) deduct the sum of the calculations made in | 0007| Paragraph (4) of this subsection from the program cost established | 0008| in Paragraph (3) of this subsection; and | 0009| (6) deduct the total amount of guaranteed energy | 0010| savings contract payments that the state superintendent determines | 0011| will be made to the school district from the public school energy | 0012| efficiency fund during the fiscal year for which the state | 0013| equalization guarantee distribution is being computed. | 0014| E. The amount of the state equalization guarantee | 0015| distribution to which a school district is entitled is the balance | 0016| remaining after the deductions made in Paragraphs (5) and (6) of | 0017| Subsection D of this section. | 0018| F. The state equalization guarantee distribution shall | 0019| be distributed prior to June 30 of each fiscal year. The | 0020| calculation shall be based on the local and federal revenues | 0021| specified in this section received from June l of the previous | 0022| fiscal year through May 31 of the fiscal year for which the state | 0023| equalization guarantee distribution is being computed. In the | 0024| event that a district has received more state equalization | 0025| guarantee funds than its entitlement, a refund shall be made by | 0001| the district to the state general fund. | 0002| G. Notwithstanding the methods of calculating the | 0003| state equalization guarantee distribution in this section and Laws | 0004| 1974, Chapter 8, Section 22, if a school district received funds | 0005| under Section 2391 of Title 42 U.S.C.A. and if the federal | 0006| government takes into consideration grants authorized by Sections | 0007| 236 through 240 of Title 20 of the United States Code and all | 0008| other revenues available to the school district in determining the | 0009| level of federal support for the school district for the sixty- | 0010| fourth and succeeding fiscal years, the state equalization | 0011| guarantee distribution for school districts receiving funds under | 0012| this subsection shall be computed as follows: | 0013| fiscal year program cost prior fiscal year | 0014| excluding special education state equalization | 0015| for the year for which the x guarantee | 0016| distribution | 0017| state equalization guarantee excluding special | 0018| distribution is being computed education | 0019| prior fiscal year program cost | 0020| excluding special education | 0021| plus special education funding in accordance with Paragraphs (1) | 0022| or (2) and (3) of Subsection D of this section and Section 22-8- | 0023| 21 NMSA 1978 plus an amount that would be produced by applying a | 0024| rate of eight dollars forty-two and one-half cents ($8.425) to | 0025| each one thousand dollars ($l,000) of net taxable value of | 0001| property as defined in the Property Tax Code for property | 0002| taxation purposes in the school district and to each one thousand | 0003| dollars ($l,000) of the assessed value of products severed and | 0004| sold in the school district as determined under the Oil and Gas | 0005| Ad Valorem Production Tax Act and upon the assessed value of | 0006| equipment in the school district as determined under the Oil and | 0007| Gas Production Equipment Ad Valorem Tax Act and then reduced by | 0008| the total amount of guaranteed energy savings contract payments, | 0009| if any, that the state superintendent determines will be made to | 0010| the school district from the public school energy efficiency fund | 0011| during the fiscal year for which the state equalization guarantee | 0012| distribution is being computed, equals the fiscal year state | 0013| equalization guarantee distribution for the year for which the | 0014| state equalization guarantee distribution is being computed. | 0015| If at any time grants from the federal government as | 0016| assistance to those areas affected by federal activity authorized | 0017| in accordance with Sections 236 through 240 of Title 20 of the | 0018| United States Code (commonly known as "PL 874 funds") are reduced | 0019| or are no longer available, the state equalization guarantee | 0020| distribution shall be computed by the formula contained in this | 0021| subsection plus an increase by fifty percent of the amount the | 0022| prior year's PL 874 funds exceed PL 874 funds for the year for | 0023| which the state equalization guarantee distribution is being | 0024| computed." | 0025| Section 3. APPROPRIATION.--Four hundred thousand dollars | 0001| ($400,000) is appropriated from the general fund to the state | 0002| department of public education in fiscal year 1997 for | 0003| distribution to the Rio Rancho school district for the purpose of | 0004| paying for the cost of instructional staff necessary for | 0005| additional grade levels. Any unexpended or unencumbered balance | 0006| remaining at the end of fiscal year 1997 shall revert to the | 0007| general fund. | 0008| Section 4. EMERGENCY.--It is necessary for the public peace, | 0009| health and safety that this act take effect immediately. | 0010|  |