New Mexico 2025 Regular Session

New Mexico House Bill HB387 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 387
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Rebecca Dow and Luis M. Terrazas and Jimmy G. Mason
48	48	and Rod Montoya
49	49	AN ACT
50	50	RELATING TO EDUCATION; ENACTING THE EDUCATION OPPORTUNITY
51	51	ACCOUNT ACT; PROVIDING POWERS AND DUTIES; PROVIDING FOR
52	52	EDUCATION OPPORTUNITY ACCOUNTS; PROVIDING ALLOWABLE USES;
53	53	PROVIDING PROCEDURES AND APPLICATION REQUIREMENTS FOR PARENTS
54	54	AND EDUCATION SERVICE PROVIDERS; CREATING A REVIEW COMMISSION;
55	55	MAKING APPROPRIATIONS.
56	56	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
57	57	SECTION 1. A new section of the Public School Code is
58	58	enacted to read:
59	59	"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
60	60	"Education Opportunity Account Act"."
61	61	SECTION 2. A new section of the Public School Code is
62	62	enacted to read:
63	63	"[NEW MATERIAL] DEFINITIONS.--As used in the Education
64	64	.229415.2 underscored material = new
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91	91	Opportunity Account Act:
92	92	A. "curriculum" means a complete course of study
93	93	for a particular primary or secondary content area or grade
94	94	level;
95	95	B. "education" means a primary or secondary
96	96	education;
97	97	C. "education opportunity account" means the
98	98	account into which money is deposited by the department to pay
99	99	for qualifying education expenses of a participating student;
100	100	D. "education service provider" means a private
101	101	school located in New Mexico that is qualified to provide
102	102	educational goods and services to participating students and
103	103	that receives payments from education opportunity accounts;
104	104	provided that "education service provider" does not mean an
105	105	online school;
106	106	E. "eligible student" means a school-age person who
107	107	is a resident of New Mexico, who has not received a high school
108	108	diploma or a high school equivalency credential and who is
109	109	eligible for enrollment or re-enrollment in a public school;
110	110	F. "participating student" means a student who is
111	111	participating in the program; and
112	112	G. "program" means the education opportunity
113	113	account program."
114	114	SECTION 3. A new section of the Public School Code is
115	115	enacted to read:
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144	144	"[NEW MATERIAL] EDUCATION OPPORTUNITY ACCOUNT PROGRAM--
145	145	CREATED--FUNDING USES.--
146	146	A. The "education opportunity account program" is
147	147	created in the department to allow the department, in contract
148	148	with parents of participating students, to pay for private
149	149	school and other eligible expenses through "education
150	150	opportunity accounts". The department:
151	151	(1) shall establish education opportunity
152	152	accounts for students who qualify for the program;
153	153	(2) shall determine the amount each
154	154	participating student is eligible to receive, which amount is
155	155	equal to the average amount spent by school districts and
156	156	charter schools on public school students in the same grade,
157	157	weighted by special education and at-risk program units, if
158	158	applicable; provided that a participating student shall not
159	159	receive more than the student's qualifying educational
160	160	expenses;
161	161	(3) shall make monthly deposits into each
162	162	education opportunity account; and
163	163	(4) may contract for financial management
164	164	services for education opportunity accounts.
165	165	B. Money in a participating student's education
166	166	opportunity account shall be used by the department, in
167	167	contract with parents of participating students, only in
168	168	accordance with the provisions of the Education Opportunity
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197	197	Account Act and only for the following qualifying education
198	198	expenses:
199	199	(1) tuition and fees at a private elementary
200	200	or secondary school that teaches, among other courses, reading,
201	201	language arts, mathematics, science and social studies
202	202	appropriate for the grade level of the participating student;
203	203	(2) tutoring services provided by a qualified
204	204	person;
205	205	(3) textbooks and other instructional
206	206	materials, including computer hardware and software, required
207	207	by the education service provider to deliver education to the
208	208	participating student;
209	209	(4) fees for nationally standardized
210	210	assessments, advanced placement examination fees and other
211	211	assessments required by the education service provider;
212	212	(5) tuition or fees for summer and after-
213	213	school elementary or secondary programs;
214	214	(6) public transportation to and from school;
215	215	and
216	216	(7) other educational charges approved by the
217	217	department.
218	218	C. The department and the parent of a participating
219	219	student shall enter into an annual contract that specifies what
220	220	qualifying education expenses will be purchased each semester
221	221	or other term, the cost of the educational services to be
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250	250	provided and by whom the educational services will be provided.
251	251	The department shall not deposit into an education opportunity
252	252	account more than the combined cost of educational services
253	253	provided to the participating student in that year. A parent
254	254	shall not pay more for educational services than the parent of
255	255	a similarly situated school-age person pays. Money in an
256	256	education opportunity account shall not be refunded, rebated or
257	257	shared with a parent or participating student in any manner. A
258	258	refund or rebate for educational services purchased through an
259	259	education opportunity account shall be credited directly to
260	260	that account. A parent may make payments for the cost of
261	261	educational services not covered by an education opportunity
262	262	account, but in no case shall a parent deposit personal funds
263	263	into a participating student's account.
264	264	D. Money in a participating student's education
265	265	opportunity account shall be issued at the direction of the
266	266	participating student's parent to an education service
267	267	provider, in the name of the student.
268	268	E. If an education service provider requires
269	269	partial payment of tuition or fees prior to the start of the
270	270	academic year to reserve space for a participating student
271	271	admitted to the education service provider, such partial
272	272	payment may be paid by the department prior to the start of the
273	273	school year in which the education opportunity account is
274	274	awarded and deducted in an equitable manner from subsequent
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303	303	monthly account deposits to ensure that adequate funds remain
304	304	available throughout the school year; provided that if the
305	305	participating student does not attend the education service
306	306	provider to which partial payment was made, the partial payment
307	307	shall be returned to the department by the education service
308	308	provider for credit to the account.
309	309	F. Funds deposited in an education opportunity
310	310	account shall not constitute taxable income for state tax
311	311	purposes of the parent or the participating student.
312	312	G. Except as provided in Subsection H of this
313	313	section, any unexpended or unencumbered balance in an education
314	314	opportunity account may remain in the account until one of the
315	315	following occurs, at which time the department shall close the
316	316	account and the unexpended or unencumbered balance shall revert
317	317	to the general fund:
318	318	(1) the parent withdraws the participating
319	319	student from the program;
320	320	(2) the student graduates from high school; or
321	321	(3) the account is closed by the department
322	322	because of misuse of funds as determined by the department.
323	323	H. The department shall revert unexpended or
324	324	unencumbered balances every two years unless it waives the
325	325	reversion of a specific education opportunity account for
326	326	extenuating circumstances.
327	327	I. Nothing in the Education Opportunity Account Act
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356	356	shall be construed to require a participating student to be
357	357	enrolled only in a private school, but the participating
358	358	student must be in compliance with the Attendance for Success
359	359	Act."
360	360	SECTION 4. A new section of the Public School Code is
361	361	enacted to read:
362	362	"[NEW MATERIAL] EDUCATION OPPORTUNITY ACCOUNT--APPLICATION
363	363	PROCESS--RENEWAL--SUSPENSION.--
364	364	A. A parent may apply to the department to
365	365	establish an education opportunity account for an eligible
366	366	student.
367	367	B. The department shall accept and approve
368	368	applications year-round and shall establish procedures and
369	369	rules for approving applications in an expeditious manner.
370	370	C. The department shall create a standard form that
371	371	parents shall submit to establish a student's eligibility for
372	372	the program and shall ensure that the application is publicly
373	373	available and may be submitted through various sources,
374	374	including the internet.
375	375	D. The department shall approve an application for
376	376	an education opportunity account if:
377	377	(1) the parent submits an application for an
378	378	education opportunity account in accordance with the
379	379	application procedures established by the department;
380	380	(2) the student, on whose behalf the parent is
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409	409	applying, is an eligible student;
410	410	(3) funds are available for the program or the
411	411	education opportunity account; and
412	412	(4) the parent signs a contract with the
413	413	department agreeing:
414	414	(a) to provide an education for the
415	415	participating student in at least the subjects of reading,
416	416	language arts, mathematics, science and social studies;
417	417	(b) not to enroll the student as a
418	418	full-time student in a public school while participating in the
419	419	program;
420	420	(c) to use the funds in the education
421	421	opportunity account only for qualifying education expenses to
422	422	educate the student; and
423	423	(d) to comply with the rules and
424	424	requirements of the program.
425	425	E. The department shall annually renew a student's
426	426	education opportunity account if funds are available.
427	427	F. Upon notice to the department, a participating
428	428	student may choose to stop receiving education opportunity
429	429	account funding and enroll full time in a public school.
430	430	Enrolling as a full-time student in a public school shall
431	431	result in the immediate suspension of payment of additional
432	432	funds into the student's education opportunity account;
433	433	provided that, for education opportunity accounts that have
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462	462	been open for at least one full school year, the department may
463	463	allow an education opportunity account to remain open and
464	464	active for the parent to pay qualifying education expenses to
465	465	educate the student from money remaining in the account. The
466	466	department shall revert unexpended or unencumbered balances in
467	467	a student's education opportunity account and close the
468	468	education opportunity account at the beginning of the next
469	469	school year if the student is enrolled in a public school.
470	470	G. If an eligible student decides to return to the
471	471	program, payments into the student's education opportunity
472	472	account may resume if the education opportunity account is
473	473	still open and active. A new education opportunity account may
474	474	be established if the student's education opportunity account
475	475	is closed.
476	476	H. The department may adopt rules to provide the
477	477	least disruptive process for a student who chooses to stop
478	478	participating in the program and enroll full time in a public
479	479	school."
480	480	SECTION 5. A new section of the Public School Code is
481	481	enacted to read:
482	482	"[NEW MATERIAL] ADDITIONAL POWERS AND DUTIES--ALLOWABLE
483	483	USES OF FUNDS--EDUCATION SERVICE PROVIDERS.--
484	484	A. The department shall:
485	485	(1) maintain an updated list of qualified
486	486	education service providers and ensure that the list is
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515	515	publicly available through various sources, including the
516	516	internet;
517	517	(2) provide parents with a written explanation
518	518	of the allowable uses of education opportunity account funds,
519	519	the responsibilities of parents in ensuring the education of
520	520	their children, the duties of the department and the role of
521	521	any private financial management firms or other private
522	522	organizations that the department may contract with to
523	523	administer the program or any aspect of the program;
524	524	(3) ensure that parents of students with
525	525	disabilities receive notice that participation in the program
526	526	is a parental placement pursuant to the federal Individuals
527	527	with Disabilities Education Act, along with an explanation of
528	528	the rights that parentally placed students may possess under
529	529	federal law and any applicable state laws and rules;
530	530	(4) implement a commercially viable, cost-
531	531	effective and user-friendly system for processing payments for
532	532	services from an education opportunity account to an education
533	533	service provider by electronic or online funds transfer;
534	534	provided that the department:
535	535	(a) provides flexibility to parents by
536	536	facilitating direct payments to education service providers as
537	537	well as requests for preapproval of and reimbursements for
538	538	qualifying education expenses; and
539	539	(b) may contract with private
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568	568	institutions to develop the payment system;
569	569	(5) implement, as soon as practicable, a
570	570	commercially viable, cost-effective and user-friendly system,
571	571	as part of the same system that facilitates the electronic or
572	572	online funds transfers, for parents to publicly rate, review
573	573	and share information about education service providers;
574	574	(6) continue making deposits into a student's
575	575	education opportunity account until the:
576	576	(a) department has been notified or
577	577	determines that the student is no longer a participating
578	578	student;
579	579	(b) department determines that there was
580	580	misuse of the funds in the education opportunity account;
581	581	(c) student withdraws from the program;
582	582	(d) student enrolls full time in a
583	583	public school; or
584	584	(e) student graduates from high school;
585	585	(7) audit individual education opportunity
586	586	accounts;
587	587	(8) make a parent or participating student
588	588	ineligible for the program in the event of misuse of education
589	589	opportunity account funds; provided that if a parent is
590	590	determined to be ineligible for the program and the
591	591	participating student is free from personal misconduct, that
592	592	student may be eligible for an education opportunity account if
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621	621	placed with a new guardian or other person with the legal
622	622	authority to act on behalf of the student;
623	623	(9) refer suspected cases of misuse of
624	624	education opportunity account funds to law enforcement if
625	625	evidence of fraudulent use of education opportunity account
626	626	funds exists;
627	627	(10) create procedures to ensure that a fair
628	628	process exists to determine whether a misuse of education
629	629	opportunity account funds has occurred; and
630	630	(11) create procedures to ensure that a fair
631	631	process exists to determine whether an education service
632	632	provider may be barred from receiving payments from education
633	633	opportunity accounts; provided that an education service
634	634	provider may appeal the department's decision to bar the
635	635	education service provider from receiving payments from
636	636	education opportunity accounts; and provided further that if
637	637	the department bars an education service provider from
638	638	receiving payments, the department shall notify parents of
639	639	participating students of the department's decision.
640	640	B. The department may:
641	641	(1) contract with private organizations to
642	642	administer the program or specific functions of the program,
643	643	including contracting with private financial management firms
644	644	to manage education opportunity accounts;
645	645	(2) withhold from deposits or deduct from an
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674	674	education opportunity account an amount to cover the costs of
675	675	administering the program, in an amount up to a maximum of five
676	676	percent annually in the first two years of the program and up
677	677	to a maximum of three percent annually thereafter;
678	678	(3) bar an education service provider from
679	679	accepting payments from education opportunity accounts if the
680	680	department determines that the education service provider has:
681	681	(a) substantially misrepresented
682	682	information or failed to refund any overpayments in a timely
683	683	manner; or
684	684	(b) failed to provide participating
685	685	students with sufficient educational goods or services;
686	686	(4) accept gifts, grants and donations from
687	687	any source to cover administrative costs, to inform the public
688	688	about the program or to fund additional education opportunity
689	689	accounts; and
690	690	(5) adopt rules in accordance with the State
691	691	Rules Act that are consistent with the Education Opportunity
692	692	Account Act and necessary for the administration of that act,
693	693	including rules:
694	694	(a) establishing or contracting for the
695	695	establishment of an online anonymous fraud reporting service;
696	696	(b) establishing an anonymous telephone
697	697	hotline for fraud reporting;
698	698	(c) requiring a surety bond for
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727	727	education service providers receiving more than one hundred
728	728	thousand dollars ($100,000) in education opportunity account
729	729	funds; or
730	730	(d) for refunding payments from
731	731	education service providers to education opportunity accounts."
732	732	SECTION 6. A new section of the Public School Code is
733	733	enacted to read:
734	734	"[NEW MATERIAL] EDUCATION SERVICE PROVIDERS--
735	735	APPLICATIONS--AUTONOMY--NOT ACTING FOR THE STATE.--
736	736	A. The department by rule shall provide the
737	737	application process and procedures for prospective education
738	738	service providers to apply for listing as an eligible education
739	739	service provider. An application form signed by a prospective
740	740	education service provider warrants that the education service
741	741	provider:
742	742	(1) will not refund, rebate or share money
743	743	from education opportunity accounts with parents or
744	744	participating students and shall return refunds to the
745	745	department; and
746	746	(2) will provide the education services
747	747	contained in the agreement entered into with a parent.
748	748	B. An education service provider is not an agent of
749	749	the state or federal government, a local school board or school
750	750	district or governing authority or charter school. No action
751	751	of an education service provider shall be construed as an
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780	780	action by the state or any of its departments, institutions or
781	781	political subdivisions.
782	782	C. An education service provider shall not be
783	783	required to alter its creed, practices, admissions policy or
784	784	curriculum to accept payments pursuant to the Education
785	785	Opportunity Account Act except as provided in that act."
786	786	SECTION 7. A new section of the Public School Code is
787	787	enacted to read:
788	788	"[NEW MATERIAL] STUDENT RECORDS.--Upon being notified that
789	789	a participating student is enrolled with an education service
790	790	provider, a public school that previously enrolled the
791	791	participating student shall provide the education service
792	792	provider with the student's school records. The public school
793	793	and the education service provider shall comply with the
794	794	provisions of the federal Family Educational Rights and Privacy
795	795	Act of 1974 when sharing student records."
796	796	SECTION 8. A new section of the Public School Code is
797	797	enacted to read:
798	798	"[NEW MATERIAL] EDUCATION OPPORTUNITY REVIEW COMMISSION.--
799	799	A. The department shall create the "education
800	800	opportunity review commission" to assist the department in
801	801	determining what expenditures meet the requirements to be
802	802	considered qualifying education expenses to educate a
803	803	participating student and to provide recommendations to the
804	804	department on how to implement, administer and improve the
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833	833	program.
834	834	B. The education opportunity review commission
835	835	shall consist of nine voting members who shall be:
836	836	(1) five parents of participating students and
837	837	represent no fewer than four counties of the state; and
838	838	(2) four New Mexico licensed educators.
839	839	C. The voting members shall be appointed by the
840	840	secretary and shall serve at the pleasure of the secretary.
841	841	The secretary, or the secretary's designee, shall serve as the
842	842	nonvoting chair of the education opportunity review commission.
843	843	D. The department may request that the education
844	844	opportunity review commission meet, in person or through a
845	845	virtual or telephonic platform, to:
846	846	(1) determine whether an expenditure from an
847	847	education opportunity account is or was a qualifying expense;
848	848	and
849	849	(2) review appeals of denials of an education
850	850	service provider and make a recommendation to the secretary.
851	851	E. When requested, the education opportunity review
852	852	commission shall, by majority vote, recommend to the
853	853	department:
854	854	(1) if a particular use of funds constitutes a
855	855	qualifying expense; and
856	856	(2) if an education service provider should be
857	857	allowed to receive, or continue receiving, payments from
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886	886	education opportunity accounts."
887	887	SECTION 9. A new section of the Public School Code is
888	888	enacted to read:
889	889	"[NEW MATERIAL] REPORT TO LEGISLATURE AND GOVERNOR.--The
890	890	department shall report to the legislature and the governor by
891	891	December 1 of each year on the program and its participants.
892	892	The report shall include the number, grades and ages of
893	893	participating students and where they attend school or receive
894	894	other educational services; the geographic distribution of
895	895	participating students by county; other demographic and
896	896	economic data about participating students and parents; the
897	897	number and locations of education service providers, the
898	898	services they provide and the number of students they serve;
899	899	the total amount of deposits into education opportunity
900	900	accounts and the cost of financial management contracts; the
901	901	total expenditures for education service providers and the
902	902	average cost of educational services being provided to
903	903	participating students, by type of service and geographic
904	904	region; and other information requested by the legislature or
905	905	governor and considered reportable by the department."
906	906	SECTION 10. A new section of the Public School Code is
907	907	enacted to read:
908	908	"[NEW MATERIAL] EDUCATION OPPORTUNITY ACCOUNT FUND--
909	909	CREATED.--
910	910	A. The "education opportunity account fund" is
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939	939	created in the state treasury. The fund consists of money
940	940	appropriated by the legislature, federal money granted to the
941	941	state for the purposes of the fund, income from investment of
942	942	the fund and money otherwise accruing to the fund. Money in
943	943	the fund shall not revert to any other fund at the end of a
944	944	fiscal year. The department shall administer the fund, and
945	945	money in the fund is appropriated to the department to carry
946	946	out the purposes of the Education Opportunity Account Act.
947	947	B. Money in the fund shall be disbursed on warrants
948	948	signed by the secretary of the department pursuant to vouchers
949	949	signed by the secretary or the secretary's authorized
950	950	representative."
951	951	SECTION 11. APPROPRIATIONS.--
952	952	A. The following amounts are appropriated from the
953	953	general fund to the education opportunity account fund for
954	954	expenditure in fiscal year 2025 and subsequent fiscal years for
955	955	the following purposes:
956	956	(1) five hundred eighty thousand dollars
957	957	($580,000) for the public education department to administer
958	958	the education opportunity account program; and
959	959	(2) one hundred million dollars ($100,000,000)
960	960	to carry out the purposes of the Education Opportunity Account
961	961	Act.
962	962	B. Any unexpended or unencumbered balance remaining
963	963	at the end of a fiscal year shall not revert to the general
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992	992	fund.
993	993	SECTION 12. SEVERABILITY.--If any part or application of
994	994	the Education Opportunity Account Act is held invalid, the
995	995	remainder or its application to other situations or persons
996	996	shall not be affected.
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