H 194 PUBLIC SCHOOL FINANCE CHANGES

Rep Nathan Small

Actions: [2] HEC/HAFC-HEC

Scheduled: Not Scheduled

 House Bill 194 (HB 194) to Public School Finance to create a K-12 plus factor. HB 194 also increases the length of a school year, increases the At-Risk Program unit, and the responsibility factor for principals and assistant principals. Provides technical cleanup. Repeals sections of the NMSA 1978 regarding the k-5 plus and Extended Learning Time Programs. 
 

 House Bill 194 (HB 194) to Public School Finance to create a K-12 plus factor. HB 194 also increases the length of a school year, increases the At-Risk program unit, and the responsibility factor for principals and assistant principals.

SECTION 1 adds a new section of the Public School Finance Act to create tiers in the calculation of the K-12 plus factor as described:
A. A school district or charter school is eligible for the K-12 plus program unit (unit) if it provides more than 180 instructional days for a public school with a five-day school week, or 152 days for a public school with a four-day school week, and meets the requirements of this section.
B. The number units is determined by multiplying the MEM in department-approved K-12 plus schools by the cost differential factor of sixteen thousandths and the number of instructional days provided between: (1) 181 and 90 instructional days for a public school with a five-day school week; and (2) 153 and 160 instructional days for a public school with a four-day school week. 
C. The number of units is determined by multiplying the MEM in department-approved K-12 plus schools by the cost differential factor of twenty-four thousandths and the number of instructional days provided between: (1) 191 and 105 instructional days for a public school with a five-day school week; and (2) 161 and 172 instructional days for a public school with a four-day school week.
D. To be eligible the unit as provided in Subsection C, a school district or charter school shall provide: (1) out-of-school time program opportunities for academic learning, extracurricular or enrichment programming for students that do not supplant federally funded programs; and (2) a minimum of 80 non-instructional hours per school year for professional work time for instructional staff. 
E. As used in this section, "K-12" means kindergarten through twelfth grade.”

SECTION 2 amends Public School Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) to increase the number of instructional days from 990 hours per year to 1,140 hours , except for half-day kindergarten, which is increased from 450 hours per year to 550 hours.
Subsection B is inserted to define an hour of instruction as follows:
An instructional hour is a period at school during which students receive instruction aligned to academic content and performance standards and includes: (1) a school program set forth in Sections 22-13-1 and 22-13-1.1 NMSA 1978; (2) enrichment programs that focus on problem solving and cognitive skills development; (3) content that provides technical knowledge, skills and competency-based applied learning; (4) research- or evidence-based social emotional or academic interventions; and (5) instruction that occurs at the same time breakfast is served or consumed in accordance with the breakfast after the bell program or federal requirements.
C. Allows up to 60 instructional hours per school year may be used for professional work hours, which may be embedded during the course of a normal school day. A "professional work hour" means time during which a teacher participates in professional work aligned to challenging academic content and performance standards, including: (1) home visiting or parent-teacher conferences; (2) educator training or professional development; and (3) mentorship, coaching and collaboration between school employees. 

SECTION 3 amends Public Schools Section 22-8-6 NMSA 1978 (being Laws 1967, Chapter 16, Section 60, as amended) Operating Budgets to delete Subsection E(3), which required each school district and locally chartered or state-chartered charter schools education plan shall require a narrative explain the services produced to students enrolled in specified programs.

SECTION 4 amends Public School Section 22-8-18 NMSA 1978 (being Laws 1974, Chapter 8, Section 8, as amended by Laws 2019, Chapter 206, Section 13 and by Laws 2019, Chapter 207, Section 13) addressing program cost calculation with a formula including itemized units. Item (16) extended learning time is deleted.

SECTION 5 amends Public Schools Section 22-8-23.3 NMSA 1978 (being Laws 1997, Chapter 40, Section 7, as amended) to pro increase the calculation for At-Risk program units from from: Three-Year Average Total Rte X 0.30 to 0.33.

SECTION 6 amends Public Schools Section 22-8-23.12 NMSA 1978 (being Laws 2019, Chapter 206, Section 18 and Laws 2019, Chapter 207, Section 18) addressing New Program Funding to delete the K-5 Plus Act and insert the K-12 plus programs.

SECTION 7 amends Public Schools Section 22-10A-7 NMSA 1978 (being Laws 2003, Chapter 153, Section 38, as amended) regarding Level One Licensure to delete from Subsection G the provision that teachers in an extended learning time program or K-5 plus program shall receive additional salary.

SECTION 8 amends Public Schools Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended) regarding Level Two Licensure to delete from Subsection D the provision that teachers in an extended learning time program or K-5 plus program shall receive additional salary.

SECTION 9 amends Public Schools Section 22-10A-11 NMSA 1978 (being Laws 2003, Chapter 153, Section 42, as amended) regarding Level Three Licensure to delete from Subsection C the provision that teachers in an extended learning time program or K-5 plus program shall receive additional salary.
Subsection E is inserted as follows:
E. The responsibility factor for principals and assistant principals, as defined in Section 22-10A-2 NMSA 1978, shall be multiplied by 0.1 of the school's family income index amount as calculated in the Family Income Index Act." 

SECTION 10 repeals numerous Sections of Public Schools, as follows: 
Sections 22-8-23.10, 22-8-23.11 and 22-13D-1 through 22-13D-4 NMSA 1978 (being Laws 2019, Chapter 206, Section 16 and Laws 2019, Chapter 207, Section 16; Laws 2019, Chapter 206, Section 17 and Laws 2019, Chapter 207, Section 17; Laws 2019, Chapter 206, Section 2 and Laws 2019, Chapter 207, Section 2; Laws 2019, Chapter 206, Section 3 and Laws 2019, Chapter 207, Section 3; Laws 2019, Chapter 206, Section 4 and Laws 2019, Chapter 207, Section 4; and Laws 2019, Chapter 206, Section 5 and Laws 2019, Chapter 207, Section 5, as amended) are repealed.

SECTION 11 makes this applicable to the 2023-2024 school year and subsequent school years. 

 House Bill 194 relates to House Bill 130.