Summary:

 Senate Bill 201 (SB 201) amends Public School Finance to change the use of the Public Education Reform Fund to allow funding for reform projects included in accountability and evaluation plans approved by the Department of Finance and Administration. SB 201 requires the Department of Finance and Administration to consult with the Legislative Finance Committee and the Legislative Education Study Committee prior to approving instructions for accountability and evaluation plans. 
 

Legislation Overview:

 Senate Bill 291 amends Public School Finance to Change the use of the Public Education Reform Fund (Fund).
SECTION 1 amends in Membership Projections and Budget Requests in Subsection C, to insert C(2)(d) and C(3). 
C(2) is amended to change the reporting date to September 1 and to delete “secretary” and insert that the report will be made to the Department of Finance and Administration (DFA), the Legislative Finance Committee (LFC) and the Legislative Education Study Committee (LESC) with the recommendations of the department for: (b) appropriations for the succeeding fiscal year to the public school fund. The requirement for inclusion in the executive budget is deleted. 
C(2)(d) is inserted as follows:
(d) appropriations for the succeeding fiscal year for programs with accountability and evaluation plans pursuant to Section 22-8-23.13 NMSA 1978 that demonstrate causal evidence of improving approved performance measures pursuant to Section 6-3A-8 NMSA 1978; 
C(3) is inserted as follows:
(3) submit annually, on or before November 30, to the DFA, the LFC and the LESC any adjustments to the recommendations of the department for appropriations related to additional enrollment growth program units pursuant to Section 22-8-23.1 NMSA 1978. 
SECTION 2 amends the Public Education Reform Fund as follows: 
Subsection B regarding legislative appropriation is amended to delete “evidence-based” and the specifications applied to the initiatives, which will allow for funding reform projects included in accountability and evaluation plans. Subsection B has inserted text directing evaluating public education reforms affecting performance measures pursuant to Section 6-3A-5 NMSA 1978. 
Subsection C is inserted as follows: 
C. The DFA, after consultation with the LFC and the LESC, shall approve instructions for accountability and evaluation plans and shall send the instructions by May 1 to the department. The notification shall set forth the process for completing and submitting accountability and evaluation plans and shall direct the department to provide the information specified in this subsection.
Subsection D is inserted as follows:
D. The department shall submit an accountability and evaluation plan for each program receiving an appropriation from the Fund to the DFA, the LFC and the LESC by June 15 of each year, and a final accountability and evaluation plan shall be approved by the DFA, after consultation with the LFC and the LESC, by September 1 of the first year of the appropriation. 

Current Law:

 Senate Bill 201 makes changes in the Public Education Reform Fund. If the changes are not added, the current law will continue to fund the current programs without adding reform projects. The sections referred to in this bill are:
Section 22-8-12.1 NMSA 1978 (being Laws 1978, Chapter 128, Section 5, as amended) 
Section 22-8-23.13 NMSA 1978 (being Laws 2019, Chapter 206, Section 19 and Laws 2019, Chapter 207, Section 19) 

Amendments:

 Senate Bill 201 is amended by the Senate Education Committee:
Amends Section 1 in Subsection C(2) of  
MEMBERSHIP PROJECTIONS AND BUDGET REQUESTS, which requires that the department shall submit reports to delete paragraph (d) that called for appropriations with accountability and evaluation plans that demonstrate causal evident of improving performance measures.  
SECTION 2 is amended by the Senate Education Committee in Subsections B and C of PUBLIC EDUCATION REFORM FUND CREATED to read as follows: 
B. Subject to legislative appropriation, money in the fund is appropriated to the department for the purposes of implementing and evaluating public education reforms and initiatives affecting performance measures approved pursuant to Section 6-3A-5 NMSA 1978. 
C. The department of finance and administration, the legislative finance committee and the legislative education study committee, shall approve instructions for accountability and evaluation plans and shall send the instructions on or before May 1 to the department. The notification shall set forth the process for completing and submitting accountability and evaluation plans and shall direct the department to:
(2) describe the specific activities of the program, including expected roles and responsibilities of all participating entities, and how those activities and entities will achieve expected program outcomes; This paragraph specifies including expected roles and responsibilities in the description of the specific activities.
(3) provide a summary of whether the program is evidence-based, research-based, promising or does not yet have rigorous research pursuant to Section 6-3A-3 NMSA 1978  pursuant to on its effectiveness; This paragraph adds the code reference. 
(5) provide a program evaluation plan to assess the causal impact of the program on expected outcomes whenever possible or, when not possible to assess causal impact, provide a rationale for the proposed evaluation design; and … This paragraph adds that the evaluation should include the causal impact of the program on expected outcomes whenever possible …
(6) provide a description of methods, including planned statistical analysis, the agency or entity responsible for performing the evaluation and the time line for releasing performance and program evaluation results to the department of finance and administration, the legislative finance committee, the legislative education study committee and the public. This paragraph adds an additional item for the report to include "the agency or entity responsible for performing the evaluation". 
Subsection D is deleted in its entirety and a new Subsection D and Subsection E are inserted.
D. The department shall submit an accountability and evaluation plan for each program receiving an appropriation from the public education reform fund to the department of finance and administration, the legislative finance committee and the legislative education study committee on or before July 1 of the year the appropriation is made and, if the department of finance and administration, the legislative finance committee and the legislative education study committee require, a revised plan on or before September 1 of the same year. 
E. On or before September 1 of the final year of an appropriation for a program or project, the department, the department of finance and administration, the legislative finance committee and the legislative education study committee shall consider the evaluation performed on the program or project and make recommendations regarding recurring funding for the following fiscal year.