SB 201
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AN ACT
RELATING TO PUBLIC SCHOOL FINANCE; CHANGING 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;
REQUIRING 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-12.1 NMSA 1978 (being
Laws 1978, Chapter 128, Section 5, as amended) is amended to
read:
"22-8-12.1. MEMBERSHIP PROJECTIONS AND BUDGET
REQUESTS.--
A. Each local school board or governing body of a
state-chartered charter school shall submit annually, on or
before October 15, to the department:
(1) an estimate for the succeeding fiscal
year of:
(a) the membership of qualified
students to be enrolled in the basic program;
(b) the full-time-equivalent membership
of students to be enrolled in approved early childhood SB 201
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education programs; and
(c) the membership of students to be
enrolled in approved special education programs;
(2) all other information necessary to
calculate program costs; and
(3) any other information related to the
financial needs of the school district or state-chartered
charter school as may be requested by the department.
B. All information requested pursuant to
Subsection A of this section shall be submitted on forms
prescribed and furnished by the department and shall comply
with the department's rules and procedures.
C. The department shall:
(1) review the financial needs of each
school district or state-chartered charter school for the
succeeding fiscal year;
(2) submit annually, on or before
September 1, to the department of finance and administration,
the legislative finance committee and the legislative
education study committee the recommendations of the
department for:
(a) amendments to the public school
finance formula;
(b) appropriations for the succeeding
fiscal year to the public school fund; and SB 201
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(c) appropriations for the succeeding
fiscal year for pupil transportation and instructional
materials; and
(3) submit annually, on or before
November 30, to the department of finance and administration,
the legislative finance committee and the legislative
education study committee 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. Section 22-8-23.13 NMSA 1978 (being Laws
2019, Chapter 206, Section 19 and Laws 2019, Chapter 207,
Section 19) is amended to read:
"22-8-23.13. PUBLIC EDUCATION REFORM FUND CREATED.--
A. The "public education reform fund" is created
as a nonreverting fund in the state treasury and consists of
appropriations; unspecified gifts, grants and donations to
the fund; and income from investment of the fund.
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.
C. The department of finance and administration,
the legislative finance committee and the legislative
education study committee shall approve instructions for SB 201
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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:
(1) identify the goals, objectives and
expected outputs and outcomes of the program receiving an
appropriation from the public education reform fund;
(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;
(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 on
its effectiveness;
(4) provide a list of performance measures
and a monitoring plan to regularly assess program performance;
(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
(6) provide a description of methods,
including planned statistical analysis, the agency or entity SB 201
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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.
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."