0001|                            HOUSE BILL 55
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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|                            KIP W. NICELY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO EDUCATION; PROVIDING FOR REPORTS OF AVERAGE DAILY
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0012|     ATTENDANCE.
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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 22-1-2 NMSA 1978 (being Laws 1967,
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0016|     Chapter 16, Section 2, as amended) is amended to read:
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0017|          "22-1-2.  DEFINITIONS.--As used in the Public School
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0018|     Code:
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0019|               A.  "state board" means the state board of
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0020|     education;
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0021|               B.  "state superintendent" means the superintendent
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0022|     of public instruction;
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0023|               C.  "department of education" means the state
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0024|     department of public education;
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0025|               D.  "certified school instructor" means any person
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<center>- 1 -</center>

0001|     holding a valid certificate authorizing the person to teach,
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0002|     supervise an instructional program, counsel or provide special
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0003|     instructional services in the public schools of the state;
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0004|               E.  "certified school administrator" means any
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0005|     person holding a valid certificate authorizing the person to
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0006|     administer in the public schools of the state;
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0007|               F.  "certified school employee" or "certified
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0008|     school personnel" means any employee who is either a certified
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0009|     school instructor or a certified school administrator or both;
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0010|               G.  "non-certified school employee" means any
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0011|     employee who is not a certified school employee;
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0012|               H.  "certificate" means a certificate issued by the
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0013|     state board authorizing a person to teach, supervise an
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0014|     instructional program, counsel, provide special instructional
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0015|     services or administer in the public schools of the state;
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0016|               I.  "chief" or "director" means the state
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0017|     superintendent or his designee unless the context clearly
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0018|     indicates otherwise;
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0019|               J.  "private school" means a school offering on-
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0020|     site programs of instruction not under the control,
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0021|     supervision or management of a local school board, exclusive
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0022|     of home instruction offered by the parent, guardian or one
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0023|     having custody of the student;
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0024|               K.  "school district" means an area of land
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0025|     established as a political subdivision of the state for the
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<center>- 2 -</center>

0001|     administration of public schools and segregated geographically
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0002|     for taxation and bonding purposes;
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0003|               L.  "local school board" means the governing body
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0004|     of a school district;
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0005|               M.  "public school" means that part of a school
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0006|     district that is a single attendance center where instruction
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0007|     is offered by a certified school instructor or a group of
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0008|     certified school instructors and is discernible as a building
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0009|     or group of buildings generally recognized as either an
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0010|     elementary, secondary, junior high or high school or any
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0011|     combination thereof;
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0012|               N.  "school year" means the total number of
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0013|     teaching days offered by public schools in a school district
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0014|     during a period of twelve consecutive months;
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0015|               O.  "consolidation" means the combination of part
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0016|     or all of the geographical area of an existing school district
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0017|     with part or all of the geographical area of one or more
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0018|     contiguous existing school districts;
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0019|               P.  "consolidated school district" means a school
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0020|     district created by order of the state board by combining part
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0021|     or all of the geographical area of an existing school district
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0022|     with part or all of the geographical area of one or more
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0023|     contiguous existing school districts;
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0024|               Q.  "state institution" means the New Mexico
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0025|     military institute, the New Mexico school for the visually
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0001|     handicapped, the New Mexico school for the deaf, the New
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0002|     Mexico boys' school, the New Mexico youth diagnostic and
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0003|     development center, the Los Lunas medical center, the Fort
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0004|     Stanton hospital, the Las Vegas medical center or the Carrie
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0005|     Tingley crippled children's hospital;
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0006|               R.  "state educational institution" means an
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0007|     institution enumerated in Article 12, Section 11 of the
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0008|     constitution of New Mexico;
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0009|               S.  "<s>[forty-day]</s> <u>average daily attendance</u>
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0010|     report" means the report of qualified student membership
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0011|     <u>present at school</u> of each school district and of those
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0012|     eligible to be qualified students but enrolled in a private
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0013|     school or a home school for the <s>[first forty days]</s>
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0014|     <u>fortieth, one hundred twentieth and one hundred sixtieth day</u>
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0015|     of school;
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0016|               T.  "school" means any supervised program of
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0017|     instruction designed to educate a person in a particular
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0018|     place, manner and subject area;
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0019|               U.  "school-age person" means any person who is at
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0020|     least five years of age prior to 12:01 a.m. on September 1 of
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0021|     the school year and who has not received a high school diploma
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0022|     or its equivalent.  A maximum age of twenty-one shall be used
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0023|     for persons who are classified as special education membership
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0024|     as defined in Section 22-8-2 NMSA 1978 or as residents of
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0025|     state institutions;
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<center>- 4 -</center>

0001|               V.  "home school" means the operation by a parent,
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0002|     guardian or other person having custody of a school-age person
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0003|     who instructs a home study program that provides a basic
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0004|     academic educational program, including <s>[but not limited to]</s>
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0005|     reading, language arts, mathematics, social studies and
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0006|     science;
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0007|               W.  "school building" means a public school, an
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0008|     administration building and related school structure or
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0009|     facilities, including teacher housing, as may be owned,
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0010|     acquired or constructed by the local school board and as
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0011|     necessary to carry out the powers and duties of the local
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0012|     school board;
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0013|               X.  "commercial advertiser" means a person who
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0014|     advertises a product or service for profit or not for profit
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0015|     and has a permitted advertisement; and
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0016|               Y.  "school bus private owner" means a person who
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0017|     owns a school bus, other than a <s>[local]</s> school district, the
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0018|     department of education, the state or any other political
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0019|     subdivision of the state."
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0020|          Section 2.  Section 22-2-8.2 NMSA 1978 (being Laws 1986,
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0021|     Chapter 33, Section 3, as amended) is amended to read:
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0022|          "22-2-8.2.  STAFFING PATTERNS--CLASS LOAD--TEACHING
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0023|     LOAD.--
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0024|               A.  The individual class load for elementary school
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0025|     teachers shall not exceed twenty students for kindergarten;
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<center>- 5 -</center>

0001|     provided that any teacher in kindergarten with a class load of
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0002|     fifteen to twenty students shall be entitled to the assistance
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0003|     of an instructional assistant.
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0004|               B.  The average class load for elementary school
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0005|     teachers at an individual school shall not exceed twenty-two
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0006|     students when averaged among grades one, two and three;
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0007|     provided that any teacher in grade one with a class load of
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0008|     twenty-one or more shall be entitled to the full-time
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0009|     assistance of an instructional assistant.
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0010|               C.  <s>[Effective with the 1994-95 school year]</s> The
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0011|     average class load for an elementary school teacher at an
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0012|     individual school shall not exceed twenty-four students when
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0013|     averaged among grades four, five and six.
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0014|               D.  The daily teaching load per teacher for grades
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0015|     seven through twelve shall not exceed one hundred sixty
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0016|     students, except the daily teaching load for teachers of
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0017|     required English courses in grades seven and eight shall not
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0018|     exceed one hundred thirty-five with a maximum of twenty-seven
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0019|     students per class and the daily teaching load for teachers of
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0020|     required English courses in grades nine through twelve shall
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0021|     not exceed one hundred fifty students with a maximum of thirty
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0022|     students per class.
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0023|               E.  Students receiving special education services
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0024|     integrated into a regular classroom for any part of the day
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0025|     shall be counted in the calculation of class load averages. 
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0001|     Students receiving special education services not integrated
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0002|     into the regular classroom shall not be counted in the
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0003|     calculation of class load averages.  Only classroom teachers
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0004|     charged with responsibility for the regular classroom
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0005|     instructional program shall be counted in determining average
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0006|     class loads.  In elementary schools offering only one grade
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0007|     level, average class loads may be calculated by averaging
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0008|     appropriate grade levels between schools in the school
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0009|     district. 
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0010|               F.  The state superintendent may waive the
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0011|     individual school class load requirements established in this
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0012|     section.  Waivers shall be applied for annually and a waiver
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0013|     shall not be granted for more than two consecutive years. 
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0014|     Waivers may only be granted if a school district demonstrates:
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0015|                    (1)  no portable classrooms are available;
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0016|                    (2)  no other available sources of funding
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0017|     exist to meet its need for additional classrooms;
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0018|                    (3)  the district is planning alternatives to
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0019|     increase building capacity for implementation within one year;
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0020|     and
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0021|                    (4)  the parents of all children affected by
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0022|     the waiver have been notified in writing:
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0023|                         (a)  of the statutory class load
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0024|     requirements;
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0025|                         (b)  that the school district has made a
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0001|     decision to deviate from these class load requirements; and
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0002|                         (c)  of the school district plan to
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0003|     achieve compliance with the class load requirements.
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0004|               G.  If a waiver is granted pursuant to Subsection F
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0005|     of this section to an individual school, the average class
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0006|     load for elementary school teachers at that school shall not
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0007|     exceed twenty students in grade one and shall not exceed
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0008|     twenty-five students when averaged among grades two, three,
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0009|     four, five and six.
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0010|               H.  Each school district shall report to the
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0011|     department of education the size and composition of classes
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0012|     subsequent to the <s>[fortieth day and the December 1 count]</s>
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0013|     <u>fortieth, one hundred twentieth and one hundred sixtieth
</u>    |
<u></u>0014| <u>    day</u>.  Failure to meet class load requirements within two
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0015|     years shall be justification for the disapproval of the school
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0016|     district's budget by the state superintendent.
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0017|               I.  The department of education shall report to the
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0018|     legislative education study committee by November 30 of each
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0019|     year regarding each school district's ability to meet class
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0020|     load requirements imposed by law.
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0021|               J.  Notwithstanding the provisions of Subsection F
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0022|     of this section, the state board may waive the individual
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0023|     class load and teaching load requirements established in this
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0024|     section upon a demonstration of a viable alternative
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0025|     curricular plan and a finding by the state board that the plan
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0001|     is in the best interest of the school district and that, on an
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0002|     annual basis, the plan has been presented to and is supported
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0003|     by the affected teaching staff.  The department of education
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0004|     shall evaluate the impact of each alternative curricular plan
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0005|     annually.  Annual reports shall be made to the legislative
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0006|     education study committee.
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0007|               K.  <s>[Effective with the 1987-88 school year]</s>
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0008|     Certified school instructors shall not be required to perform
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0009|     noninstructional duties except in emergency situations as
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0010|     defined by the state board.  For purposes of this subsection,
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0011|     "noninstructional duties" means noon hall duty, noon ground
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0012|     duty and noon cafeteria duty."
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0013|          Section 3.  Section 22-8-13 NMSA 1978 (being Laws 1974,
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0014|     Chapter 8, Section 3, as amended) is amended to read:
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0015|          "22-8-13.  REPORTS.--
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0016|               A.  Each local school board shall require each
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0017|     public school in its school district to keep accurate records
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0018|     concerning membership in the public school.  The
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0019|     superintendent of each school district shall maintain the
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0020|     following reports for each twenty-day reporting period:
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0021|                    (1)  the basic program MEM by grade in each
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0022|     public school;
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0023|                    (2)  the early childhood education MEM;
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0024|                    (3)  the special education MEM in each public
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0025|     school in class C and class D programs as defined in Section
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0001|     22-8-21 NMSA 1978;
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0002|                    (4)  the number of class A and class B
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0003|     programs as defined in Section 22-8-21 NMSA 1978; and
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0004|                    (5)  the full-time-equivalent MEM for
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0005|     bilingual multicultural education programs.
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0006|               B.  The superintendent of each school district
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0007|     shall furnish to the department reports of the information
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0008|     required in Paragraphs (1) through (5) of Subsection A of this
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0009|     section for the <s>[first forty days]</s> <u>fortieth, one hundred
</u>    |
<u></u>0010| <u>    twentieth and one hundred sixtieth day</u> of the school year. 
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0011|     <s>[The forty-day report]</s> <u>These reports</u> and all other reports
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0012|     required by law or by the state board shall be furnished
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0013|     within five days of the close of the reporting period.
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0014|               C.  All information required pursuant to this
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0015|     section shall be on forms prescribed and furnished by the
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0016|     department.  A copy of any report made pursuant to this
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0017|     section shall be kept as a permanent record of the school
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0018|     district and shall be subject to inspection and audit at any
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0019|     reasonable time.
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0020|               D.  The department shall withhold allotments of
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0021|     funds to any school district where the superintendent has
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0022|     failed to comply until the superintendent complies with and
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0023|     agrees to continue complying with requirements of this
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0024|     section.
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0025|               E.  The provisions of this section may be modified
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0001|     or suspended by the department for any school district or
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0002|     school operating under the Variable School Calendar Act.  The
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0003|     department shall require MEM reports consistent with the
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0004|     calendar of operations of such school district or school and
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0005|     shall calculate an equivalent MEM for use in projecting school
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0006|     district revenue."
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0007|          Section 4.  Section 22-8-25 NMSA 1978 (being Laws 1981,
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0008|     Chapter 176, Section 5, as amended) is amended to read:
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0009|          "22-8-25.  STATE EQUALIZATION GUARANTEE DISTRIBUTION--
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0010|     DEFINITIONS--DETERMINATION OF AMOUNT.--
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0011|               A.  The state equalization guarantee distribution
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0012|     is that amount of money distributed to each school district to
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0013|     ensure that the school district's operating revenue, including
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0014|     its local and federal revenues as defined in this section, is
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0015|     at least equal to the school district's program cost.
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0016|               B.  "Local revenue", as used in this section, means
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0017|     ninety-five percent of receipts to the school district derived
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0018|     from that amount produced by a school district property tax
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0019|     applied at the rate of fifty cents ($.50) to each one thousand
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0020|     dollars ($1,000) of net taxable value of property allocated to
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0021|     the school district and to the assessed value of products
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0022|     severed and sold in the school district as determined under
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0023|     the Oil and Gas Ad Valorem Production Tax Act and upon the
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0024|     assessed value of equipment in the school district as
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0025|     determined under the Oil and Gas Production Equipment Ad
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0001|     Valorem Tax Act.
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0002|               C.  "Federal revenue", as used in this section,
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0003|     means ninety-five percent of receipts to the school district,
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0004|     excluding amounts which, if taken into account in the
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0005|     computation of the state equalization guarantee distribution,
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0006|     result, under federal law or regulations, in a reduction in or
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0007|     elimination of federal school funding otherwise receivable by
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0008|     the school district, derived from the following:
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0009|                    (1)  the school district's share of forest
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0010|     reserve funds distributed in accordance with Section 22-8-33
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0011|     NMSA 1978; and
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0012|                    (2)  grants from the federal government as
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0013|     assistance to those areas affected by federal activity
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0014|     authorized in accordance with Sections 236 through 240 of
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0015|     Title 20 of the United States Code (commonly known as "PL 874
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0016|     funds") or an amount equal to the revenue the district was
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0017|     entitled to receive if no application was made for such funds
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0018|     but deducting from those grants the additional amounts to
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0019|     which school districts would be entitled because of the
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0020|     provisions of Subparagraph (D) of Paragraph (2) of Subsection
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0021|     (d) of Section 238 of Title 20 of the United States Code.
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0022|               D.  To determine the amount of the state
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0023|     equalization guarantee distribution, the state superintendent
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0024|     shall:
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0025|                    (1)  calculate the number of program units to
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0001|     which each school district is entitled using <s>[the basic
</s>    |
<s></s>0002| <s>    program membership of the fortieth day for all programs.
</s>    |
<s></s>0003| <s>    provided that]</s> <u>either the average daily attendance report
</u>    |
<u></u>0004| <u>    from the prior year or the average daily attendance report
</u>    |
<u></u>0005| <u>    from the prior school year plus the average annual percentage
</u>    |
<u></u>0006| <u>    MEM increase for the previous five school years.</u>  Special
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0007|     education program units shall be calculated using the
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0008|     membership in special education programs on December 1; or
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0009|                    (2)  calculate the number of program units to
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0010|     which a school district operating under an approved year-round
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0011|     school calendar is entitled using the basic program membership
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0012|     on an appropriate date established by the state board; or
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0013|                    (3)  calculate the number of program units to
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0014|     which a school district with a basic program MEM of 200 or
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0015|     less is entitled by using the <s>[basic program membership on
</s>    |
<s></s>0016| <s>    the fortieth day of either the prior or the current year,
</s>    |
<s></s>0017| <s>    whichever is greater]</s> <u>average daily attendance report of the
</u>    |
<u></u>0018| <u>    prior year</u>; provided that special education program units
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0019|     shall be calculated using the membership in special education
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0020|     programs on December 1 of either the prior or the current
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0021|     year; and
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0022|                    (4)  using the results of the calculations in
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0023|     Paragraph (1), (2) or (3) of this subsection and the
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0024|     instructional staff training and experience index from the
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0025|     October report of the prior school year, establish a total
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<center>- 13 -</center>

0001|     program cost of the school district;
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0002|                    (5)  calculate the local and federal revenues
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0003|     as defined in this section;
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0004|                    (6)  deduct the sum of the calculations made
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0005|     in Paragraph (5) of this subsection from the program cost
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0006|     established in Paragraph (4) of this subsection; and
    |
0007|                    (7)  deduct the total amount of guaranteed
    |
0008|     energy savings contract payments that the state superintendent
    |
0009|     determines will be made to the school district from the
    |
0010|     <s>[public school energy efficiency fund]</s> <u>public school
</u>    |
<u></u>0011| <u>    utility conservation fund</u> during the fiscal year for which
    |
0012|     the state equalization guarantee distribution is being
    |
0013|     computed.
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0014|               E.  The amount of the state equalization guarantee
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0015|     distribution to which a school district is entitled is the
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0016|     balance remaining after the deductions made in Paragraphs (6)
    |
0017|     and (7) of Subsection D of this section.
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0018|               F.  The state equalization guarantee distribution
    |
0019|     shall be distributed prior to June 30 of each fiscal year. 
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0020|     The calculation shall be based on the local and federal
    |
0021|     revenues specified in this section received from June 1 of the
    |
0022|     previous fiscal year through May 31 of the fiscal year for
    |
0023|     which the state equalization guarantee distribution is being
    |
0024|     computed.  In the event that a district has received more
    |
0025|     state equalization guarantee funds than its entitlement, a
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<center>- 14 -</center>

0001|     refund shall be made by the district to the state general
    |
0002|     fund.
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0003|               G.  Notwithstanding the methods of calculating the
    |
0004|     state equalization guarantee distribution in this section and
    |
0005|     Laws 1974, Chapter 8, Section 22, if a school district
    |
0006|     received funds under Section 2391 of Title 42 USCA and if the
    |
0007|     federal government takes into consideration grants authorized
    |
0008|     by Sections 236 through 240 of Title 20 of the United States
    |
0009|     Code and all other revenues available to the school district
    |
0010|     in determining the level of federal support for the school
    |
0011|     district for the sixty-fourth and succeeding fiscal years, the
    |
0012|     state equalization guarantee distribution for school districts
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0013|     receiving funds under this subsection shall be computed as
    |
0014|     follows:
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0015|          fiscal year program cost           prior fiscal year
    |
0016|          excluding special education        state equalization
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0017|          for the year for which the    x    guarantee distribution
    |
0018|          state equalization guarantee       excluding special
    |
0019|          distribution is being computed          education
    |
0020|       ____________________________________
    |
0021|          prior fiscal year program cost
    |
0022|          excluding special education
    |
0023|     plus special education funding in accordance with Paragraphs
    |
0024|     (1), (2) or (3) and (4) of Subsection D of this section and
    |
0025|     Section 22-8-21 NMSA 1978 plus an amount that would be
    |
<center>- 15 -</center>

0001|     produced by applying a rate of eight dollars forty-two and
    |
0002|     one-half cents ($8.425) to each one thousand dollars ($1,000)
    |
0003|     of net taxable value of property as defined in the Property
    |
0004|     Tax Code for property taxation purposes in the school district
    |
0005|     and to each one thousand dollars ($1,000) of the assessed
    |
0006|     value of products severed and sold in the school district as
    |
0007|     determined under the Oil and Gas Ad Valorem Production Tax Act
    |
0008|     and upon the assessed value of equipment in the school
    |
0009|     district as determined under the Oil and Gas Production
    |
0010|     Equipment Ad Valorem Tax Act and then reduced by the total
    |
0011|     amount of guaranteed energy savings contract payments, if any,
    |
0012|     that the state superintendent determines will be made to the
    |
0013|     school district from the <s>[public school energy efficiency
</s>    |
<s></s>0014| <s>    fund]</s> <u>public school utility conservation fund</u> during the
    |
0015|     fiscal year for which the state equalization guarantee
    |
0016|     distribution is being computed, equals the fiscal year state
    |
0017|     equalization guarantee distribution for the year for which the
    |
0018|     state equalization guarantee distribution is being computed.
    |
0019|          If at any time grants from the federal government as
    |
0020|     assistance to those areas affected by federal activity
    |
0021|     authorized in accordance with Sections 236 through 240 of
    |
0022|     Title 20 of the United States Code (commonly known as "PL 874
    |
0023|     funds") are reduced or are no longer available, the state
    |
0024|     equalization guarantee distribution shall be computed by the
    |
0025|     formula contained in this subsection plus an increase by fifty
    |
<center>- 16 -</center>

0001|     percent of the amount the prior year's PL 874 funds exceed PL
    |
0002|     874 funds for the year for which the state equalization
    |
0003|     guarantee distribution is being computed."
    |