New Mexico 2025 Regular Session

New Mexico Senate Bill SB82 Compare Versions

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1-SB 82
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28+SENATE BILL 82
29+57
30+TH LEGISLATURE
31+-
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33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+William P. Soules
48+FOR THE PUBLIC SCHOOL CAPITAL OUTLAY OVERSIGHT TASK FORCE
49+AND THE LEGISLATIVE EDUCATION STUDY COMMITTEE
2850 AN ACT
2951 RELATING TO PUBLIC SCHOOL CAPITAL OUTLAY; EXTENDING THROUGH
3052 FISCAL YEAR 2027 THE PROVISION THAT REDUCES LOCAL SHARES BY
3153 ONE-THIRD FOR SOME SCHOOL DISTRICTS AND ONE-HALF FOR CERTAIN
3254 SMALL SCHOOL DISTRICTS; ELIMINATING SOME OF THE CRITERIA THE
3355 PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL IS REQUIRED TO CONSIDER
34-BEFORE MAKING AN ADJUSTMENT TO A SCHOOL DISTRICT'S LOCAL
35-SHARE; MAKING CONFORMING AMENDMENTS.
56+BEFORE MAKING AN ADJUSTMENT TO A SCHOOL DISTRICT'S LOCAL SHARE;
57+MAKING CONFORMING AMENDMENTS.
3658 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3759 SECTION 1. Section 22-24-5 NMSA 1978 (being Laws 1975,
3860 Chapter 235, Section 5, as amended) is amended to read:
3961 "22-24-5. PUBLIC SCHOOL CAPITAL OUTLAY PROJECTS--
4062 APPLICATION--GRANT ASSISTANCE.--
4163 A. Applications for grant assistance, approval of
42-applications, prioritization of projects and grant awards
43-shall be conducted pursuant to the provisions of this
44-section.
45-B. Except as provided in Sections 22-24-4.3,
46-22-24-5.4 and 22-24-5.6 NMSA 1978, the following provisions
47-govern grant assistance from the fund for a public school
48-capital outlay project not wholly funded pursuant to
49-Section 22-24-4.1 NMSA 1978:
50-(1) all school districts are eligible to
51-apply for funding from the fund, regardless of percentage of SB 82
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64+applications, prioritization of projects and grant awards shall
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92+be conducted pursuant to the provisions of this section.
93+B. Except as provided in Sections 22-24-4.3,
94+22-24-5.4 and 22-24-5.6 NMSA 1978, the following provisions
95+govern grant assistance from the fund for a public school
96+capital outlay project not wholly funded pursuant to Section
97+22-24-4.1 NMSA 1978:
98+(1) all school districts are eligible to apply
99+for funding from the fund, regardless of percentage of
78100 indebtedness;
79-(2) priorities for funding shall be
80-determined by using the statewide adequacy standards
81-developed pursuant to Subsection C of this section; provided
82-that:
101+(2) priorities for funding shall be determined
102+by using the statewide adequacy standards developed pursuant to
103+Subsection C of this section; provided that:
83104 (a) the council shall apply the
84105 standards to charter schools to the same extent that they are
85106 applied to other public schools;
86107 (b) the council may award grants
87108 annually to school districts for the purpose of repairing,
88109 renovating or replacing public school building systems in
89110 existing buildings as identified in Section 22-24-4.6
90111 NMSA 1978;
91112 (c) the council shall adopt and apply
92113 adequacy standards appropriate to the unique needs of the
93114 constitutional special schools; and
94115 (d) in an emergency in which the health
95-or safety of students or school personnel is at immediate
96-risk or in which there is a threat of significant property
97-damage, the council may award grant assistance for a project
98-using criteria other than the statewide adequacy standards;
99-(3) the council shall establish criteria to
100-be used in public school capital outlay projects that receive
101-grant assistance pursuant to the Public School Capital
102-Outlay Act. In establishing the criteria, the council shall SB 82
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116+or safety of students or school personnel is at immediate risk
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145+or in which there is a threat of significant property damage,
146+the council may award grant assistance for a project using
147+criteria other than the statewide adequacy standards;
148+(3) the council shall establish criteria to be
149+used in public school capital outlay projects that receive
150+grant assistance pursuant to the Public School Capital
151+Outlay Act. In establishing the criteria, the council shall
129152 consider:
130153 (a) the feasibility of using design,
131-build and finance arrangements for public school capital
132-outlay projects;
154+build and finance arrangements for public school capital outlay
155+projects;
133156 (b) the potential use of more durable
134157 construction materials that may reduce long-term operating
135158 costs;
136159 (c) concepts that promote efficient but
137160 flexible utilization of space; and
138161 (d) any other financing or construction
139-concept that may maximize the dollar effect of the state
140-grant assistance;
162+concept that may maximize the dollar effect of the state grant
163+assistance;
141164 (4) no more than ten percent of the combined
142165 total of grants in a funding cycle shall be used for
143-retrofitting existing facilities for technology
144-infrastructure;
145-(5) no later than May 1 of each calendar
146-year, the phase two formula value shall be calculated for
147-each school district in accordance with the following
148-procedure:
149-(a) the sum of the final prior five
150-years net taxable value for a school district multiplied by
151-nine ten-thousandths for that school district is calculated
152-for each school district;
153-(b) the maximum allowable gross square SB 82
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166+retrofitting existing facilities for technology infrastructure;
167+(5) no later than May 1 of each calendar year,
168+the phase two formula value shall be calculated for each school
169+district in accordance with the following procedure:
170+.228682.1
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180-foot per student multiplied by the replacement cost per
181-square foot divided by forty-five is calculated for each
182-school district;
198+(a) the sum of the final prior five
199+years net taxable value for a school district multiplied by
200+nine ten-thousandths for that school district is calculated for
201+each school district;
202+(b) the maximum allowable gross square
203+foot per student multiplied by the replacement cost per square
204+foot divided by forty-five is calculated for each school
205+district;
183206 (c) the value calculated pursuant to
184207 Subparagraph (a) of this paragraph divided by the value
185208 calculated pursuant to Subparagraph (b) of this paragraph is
186209 calculated for each school district;
187210 (d) in those instances in which the
188211 calculation pursuant to Subparagraph (c) of this paragraph
189212 yields a value equal to or greater than one, the phase two
190213 formula value shall be zero for the subject school district;
191214 (e) in those instances in which the
192215 calculation pursuant to Subparagraph (c) of this paragraph
193-yields a value of ninety-hundredths or more but less than
194-one, the phase two formula value shall be one minus the value
216+yields a value of ninety-hundredths or more but less than one,
217+the phase two formula value shall be one minus the value
195218 calculated in Subparagraph (c) of this paragraph; and
196219 (f) in those instances in which the
197220 calculation pursuant to Subparagraph (c) of this paragraph
198221 yields a value less than ninety-hundredths, the phase two
199222 formula value shall be one minus the value calculated in
200-Subparagraph (c) of this paragraph plus the school district
201-population density factor;
202-(6) the state share of a project approved by
203-the council shall be funded within available resources
204-pursuant to the provisions of this paragraph. Except as SB 82
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231-provided in Section 22-24-5.7 NMSA 1978 and except as
232-adjusted pursuant to Paragraph (8), (9) or (10) of this
233-subsection, the amount to be distributed from the fund for an
234-approved project shall equal the total project cost
235-multiplied by the following percentage, except that in no
236-case shall the state share be less than six percent:
251+Subparagraph (c) of this paragraph plus the school district
252+population density factor;
253+(6) the state share of a project approved by
254+the council shall be funded within available resources pursuant
255+to the provisions of this paragraph. Except as provided in
256+Section 22-24-5.7 NMSA 1978 and except as adjusted pursuant to
257+Paragraph (8), (9) or (10) of this subsection, the amount to be
258+distributed from the fund for an approved project shall equal
259+the total project cost multiplied by the following percentage,
260+except that in no case shall the state share be less than six
261+percent:
237262 (a) for fiscal year 2024 through fiscal
238-year 2027, the percentage shall be the phase two formula
263+year [2026] 2027, the percentage shall be the phase two formula
239264 value plus a percentage equal to one-third of the difference
240-between one and the phase two formula value; provided that,
241-for school districts with fewer than 200 MEM, the percentage
242-shall be the phase two formula value plus a percentage equal
243-to one-half of the difference between one and the phase two
244-formula; and
245-(b) for fiscal year 2028 and
265+between one and the phase two formula value; provided that, for
266+school districts with fewer than 200 MEM, the percentage shall
267+be the phase two formula value plus a percentage equal to one-
268+half of the difference between one and the phase two formula;
269+and
270+(b) for fiscal year [2027 ] 2028 and
246271 thereafter, the percentage shall be the phase two formula
247272 value;
248273 (7) as used in this subsection:
249274 (a) "governmental entity" includes an
250275 Indian nation, tribe or pueblo;
251-(b) "phase two formula value" for a
252-state-chartered charter school means the phase two formula
253-value calculated pursuant to Paragraph (5) of this subsection
254-for the school district in which the state-chartered charter
255-school is physically located; SB 82
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304+(b) "phase two formula value" for a
305+state-chartered charter school means the phase two formula
306+value calculated pursuant to Paragraph (5) of this subsection
307+for the school district in which the state-chartered charter
308+school is physically located;
282309 (c) "subject school district" means the
283-school district that has submitted the application for
284-funding and in which the approved public school capital
285-outlay project will be located; and
286-(d) "total project cost" means the
287-total amount necessary to complete the public school capital
288-outlay project less any insurance reimbursement received by
289-the school district for the project;
310+school district that has submitted the application for funding
311+and in which the approved public school capital outlay project
312+will be located; and
313+(d) "total project cost" means the total
314+amount necessary to complete the public school capital outlay
315+project less any insurance reimbursement received by the school
316+district for the project;
290317 (8) the amount calculated pursuant to
291318 Paragraph (6) of this subsection may be increased by an
292319 additional five percent if the council finds that the subject
293320 school district has been exemplary in implementing and
294321 maintaining a preventive maintenance program. The council
295322 shall adopt such rules as are necessary to implement the
296323 provisions of this paragraph;
297324 (9) the council may adjust the amount of a
298325 school district's local share otherwise required if it
299-determines that the school district has made a good-faith
326+determines that [a] the school district has made a good-faith
300327 effort to use all of its local resources. Before making any
301328 adjustment to the local share, the council shall consider
302-whether:
303-(a) the school district has
304-insufficient bonding capacity over the next four years to
305-provide the local match necessary to complete the project
306-and, for all educational purposes, has a residential property SB 82
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333-tax rate of at least ten dollars ($10.00) on each one
334-thousand dollars ($1,000) of taxable value, as measured by
335-the sum of all rates imposed by resolution of the local
336-school board plus rates set to pay interest and principal on
337-outstanding school district general obligation bonds; or
338-(b) the school district has fewer than
339-an average of one thousand five hundred full-time-equivalent
340-students on the second and third reporting dates of the prior
341-school year and, for all educational purposes, has a
342-residential property tax rate of at least seven dollars
343-($7.00) on each one thousand dollars ($1,000) of taxable
344-value, as measured by the sum of all rates imposed by
345-resolution of the local school board plus rates set to pay
346-interest and principal on outstanding school district general
347-obligation bonds;
348-(10) the local match for the constitutional
349-special schools shall be set at fifty percent for projects
350-that qualify under the educational adequacy category and one
351-hundred percent for projects that qualify in the support
352-spaces category; provided that the council may adjust or
353-waive the amount of any direct appropriation offset to or
354-local share required for the constitutional special schools
355-if an applicant constitutional special school has
356-insufficient or no local resources available; and
357-(11) no application for grant assistance SB 82
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357+whether:
358+(a) the school district has insufficient
359+bonding capacity over the next four years to provide the local
360+match necessary to complete the project and, for all
361+educational purposes, has a residential property tax rate of at
362+least ten dollars ($10.00) on each one thousand dollars
363+($1,000) of taxable value, as measured by the sum of all rates
364+imposed by resolution of the local school board plus rates set
365+to pay interest and principal on outstanding school district
366+general obligation bonds; or
367+(b) the school district [1) ] has fewer
368+than an average of eight hundred full-time-equivalent students
369+on the second and third reporting dates of the prior school
370+year [2) has at least seventy percent of its students eligible
371+for free or reduced-fee lunch; 3) has a phase two formula value
372+calculated pursuant to Paragraph (5) of this subsection that
373+would be greater than fifty percent; and 4) ] and, for all
374+educational purposes, has a residential property tax rate of at
375+least seven dollars ($7.00) on each one thousand dollars
376+($1,000) of taxable value, as measured by the sum of all rates
377+imposed by resolution of the local school board plus rates set
378+to pay interest and principal on outstanding school district
379+general obligation bonds; [or
380+(c) the school district: 1) has an
381+enrollment growth rate over the previous school year of at
382+.228682.1
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384-from the fund shall be approved unless the council determines
385-that:
410+least two and one-half percent; 2) pursuant to its five-year
411+facilities plan, will be building a new school within the next
412+two years; and 3) for all educational purposes, has a
413+residential property tax rate of at least ten dollars ($10.00)
414+on each one thousand dollars ($1,000) of taxable value, as
415+measured by the sum of all rates imposed by resolution of the
416+local school board plus rates set to pay interest and principal
417+on outstanding school district general obligation bonds ]
418+(10) the local match for the constitutional
419+special schools shall be set at fifty percent for projects that
420+qualify under the educational adequacy category and one hundred
421+percent for projects that qualify in the support spaces
422+category; provided that the council may adjust or waive the
423+amount of any direct appropriation offset to or local share
424+required for the constitutional special schools if an applicant
425+constitutional special school has insufficient or no local
426+resources available; and
427+(11) no application for grant assistance from
428+the fund shall be approved unless the council determines that:
386429 (a) the public school capital outlay
387-project is needed and included in the school district's
388-five-year facilities plan among its top priorities;
430+project is needed and included in the school district's five-
431+year facilities plan among its top priorities;
389432 (b) the school district has used its
390433 capital resources in a prudent manner;
391434 (c) the school district has provided
392-insurance for buildings of the school district in accordance
393-with the provisions of Section 13-5-3 NMSA 1978;
394-(d) the school district has submitted a
395-five-year facilities plan that includes: 1) enrollment
396-projections; 2) a current preventive maintenance plan that
397-has been approved by the council pursuant to Section
398-22-24-5.3 NMSA 1978 and that is followed by each public
399-school in the district; 3) the capital needs of charter
400-schools located in the school district; and 4) projections
401-for the facilities needed in order to maintain a full-day
402-kindergarten program;
403-(e) the school district is willing
404-and able to pay any portion of the total cost of the
405-public school capital outlay project that, according to
406-Paragraph (6), (8) or (9) of this subsection, is not funded
407-with grant assistance from the fund;
408-(f) the application includes the SB 82
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435-capital needs of any charter school located in the school
436-district or the school district has shown that the facilities
437-of the charter school have a smaller deviation from the
438-statewide adequacy standards than other district facilities
439-included in the application; and
463+insurance for buildings of the school district in accordance
464+with the provisions of Section 13-5-3 NMSA 1978;
465+(d) the school district has submitted a
466+five-year facilities plan that includes: 1) enrollment
467+projections; 2) a current preventive maintenance plan that has
468+been approved by the council pursuant to Section 22-24-5.3 NMSA
469+1978 and that is followed by each public school in the
470+district; 3) the capital needs of charter schools located in
471+the school district; and 4) projections for the facilities
472+needed in order to maintain a full-day kindergarten program;
473+(e) the school district is willing and
474+able to pay any portion of the total cost of the public school
475+capital outlay project that, according to Paragraph (6), (8) or
476+(9) of this subsection, is not funded with grant assistance
477+from the fund;
478+(f) the application includes the capital
479+needs of any charter school located in the school district or
480+the school district has shown that the facilities of the
481+charter school have a smaller deviation from the statewide
482+adequacy standards than other district facilities included in
483+the application; and
440484 (g) the school district has agreed, in
441485 writing, to comply with any reporting requirements or
442-conditions imposed by the council pursuant to
443-Section 22-24-5.1 NMSA 1978.
444-C. After consulting with the public school capital
445-outlay oversight task force and other experts, the council
446-shall regularly review and update statewide adequacy
447-standards applicable to all school districts. The standards
448-shall establish the acceptable level for the physical
449-condition and capacity of buildings, the educational
450-suitability of facilities, the need for career-technical
451-education facilities or classrooms and the need for education
452-technology infrastructure. Except as otherwise provided in
453-the Public School Capital Outlay Act, the amount of
454-outstanding deviation from the standards shall be used by the
455-council in evaluating and prioritizing public school capital
456-outlay projects.
457-D. The acquisition of a facility by a school
458-district or charter school pursuant to a financing agreement
459-that provides for lease payments with an option to purchase SB 82
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486+conditions imposed by the council pursuant to Section 22-24-5.1
487+NMSA 1978.
488+.228682.1
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486-for a price that is reduced according to lease payments made
487-may be considered a public school capital outlay project and
488-eligible for grant assistance under this section pursuant to
489-the following criteria:
516+C. After consulting with the public school capital
517+outlay oversight task force and other experts, the council
518+shall regularly review and update statewide adequacy standards
519+applicable to all school districts. The standards shall
520+establish the acceptable level for the physical condition and
521+capacity of buildings, the educational suitability of
522+facilities, the need for career-technical education facilities
523+or classrooms and the need for education technology
524+infrastructure. Except as otherwise provided in the Public
525+School Capital Outlay Act, the amount of outstanding deviation
526+from the standards shall be used by the council in evaluating
527+and prioritizing public school capital outlay projects.
528+D. The acquisition of a facility by a school
529+district or charter school pursuant to a financing agreement
530+that provides for lease payments with an option to purchase for
531+a price that is reduced according to lease payments made may be
532+considered a public school capital outlay project and eligible
533+for grant assistance under this section pursuant to the
534+following criteria:
490535 (1) no grant shall be awarded unless the
491536 council determines that, at the time of exercising the option
492537 to purchase the facility by the school district or charter
493538 school, the facility will equal or exceed the statewide
494-adequacy standards and the building standards for public
495-school facilities;
496-(2) no grant shall be awarded unless the
497-school district and the need for the facility meet all of the
498-requirements for grant assistance pursuant to the Public
499-School Capital Outlay Act;
500-(3) the total project cost shall equal the
501-total payments that would be due under the agreement if the
502-school district or charter school would eventually acquire
503-title to the facility;
504-(4) the portion of the total project cost to
505-be paid from the fund may be awarded as one grant, but
506-disbursements from the fund shall be made from time to time
507-as lease payments become due;
508-(5) the portion of the total project cost to
509-be paid by the school district or charter school may be paid
510-from time to time as lease payments become due; and SB 82
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539+adequacy standards and the building standards for public school
540+facilities;
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537-(6) neither a grant award nor any provision
538-of the Public School Capital Outlay Act creates a legal
539-obligation for the school district or charter school to
540-continue the lease from year to year or to purchase the
541-facility.
542-E. In order to encourage private capital
543-investment in the construction of public school facilities,
544-the purchase of a privately owned school facility that is, at
545-the time of application, in use by a school district may be
546-considered a public school capital outlay project and
547-eligible for grant assistance pursuant to this section if the
548-council finds that:
549-(1) at the time of the initial use by the
550-school district, the facility to be purchased equaled or
551-exceeded the statewide adequacy standards and the building
552-standards for public school facilities;
553-(2) at the time of application, attendance
554-at the facility to be purchased is at seventy-five percent or
555-greater of design capacity and the attendance at other
556-schools in the school district that the students at the
557-facility would otherwise attend is at eighty-five percent or
558-greater of design capacity; and
559-(3) the school district and the capital
560-outlay project meet all of the requirements for grant
561-assistance pursuant to the Public School Capital Outlay Act; SB 82
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569+(2) no grant shall be awarded unless the
570+school district and the need for the facility meet all of the
571+requirements for grant assistance pursuant to the Public School
572+Capital Outlay Act;
573+(3) the total project cost shall equal the
574+total payments that would be due under the agreement if the
575+school district or charter school would eventually acquire
576+title to the facility;
577+(4) the portion of the total project cost to
578+be paid from the fund may be awarded as one grant, but
579+disbursements from the fund shall be made from time to time as
580+lease payments become due;
581+(5) the portion of the total project cost to
582+be paid by the school district or charter school may be paid
583+from time to time as lease payments become due; and
584+(6) neither a grant award nor any provision of
585+the Public School Capital Outlay Act creates a legal obligation
586+for the school district or charter school to continue the lease
587+from year to year or to purchase the facility.
588+E. In order to encourage private capital investment
589+in the construction of public school facilities, the purchase
590+of a privately owned school facility that is, at the time of
591+application, in use by a school district may be considered a
592+public school capital outlay project and eligible for grant
593+assistance pursuant to this section if the council finds that:
594+.228682.1
595+- 11 - underscored material = new
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588-provided that, when determining the deviation from the
589-statewide adequacy standards for the purposes of evaluating
590-and prioritizing the project, the students using the facility
591-shall be deemed to be attending other schools in the school
592-district.
622+(1) at the time of the initial use by the
623+school district, the facility to be purchased equaled or
624+exceeded the statewide adequacy standards and the building
625+standards for public school facilities;
626+(2) at the time of application, attendance at
627+the facility to be purchased is at seventy-five percent or
628+greater of design capacity and the attendance at other schools
629+in the school district that the students at the facility would
630+otherwise attend is at eighty-five percent or greater of design
631+capacity; and
632+(3) the school district and the capital outlay
633+project meet all of the requirements for grant assistance
634+pursuant to the Public School Capital Outlay Act; provided
635+that, when determining the deviation from the statewide
636+adequacy standards for the purposes of evaluating and
637+prioritizing the project, the students using the facility shall
638+be deemed to be attending other schools in the school district.
593639 F. It is the intent of the legislature that grant
594640 assistance made pursuant to this section allows every school
595-district to meet the standards developed pursuant to
596-Subsection C of this section; provided, however, that nothing
597-in the Public School Capital Outlay Act or the development of
598-standards pursuant to that act prohibits a school district
599-from using other funds available to the district to exceed
600-the statewide adequacy standards.
601-G. Upon request, the council shall work with, and
602-provide assistance and information to, the public school
603-capital outlay oversight task force.
604-H. The council may establish committees or task
605-forces, not necessarily consisting of council members, and
606-may use the committees or task forces, as well as existing
607-agencies or organizations, to conduct studies, conduct
608-surveys, submit recommendations or otherwise contribute
609-expertise from the public schools, programs, interest groups
610-and segments of society most concerned with a particular
611-aspect of the council's work.
612-I. Upon the recommendation of the authority, the SB 82
613-Page 13
641+district to meet the standards developed pursuant to Subsection
642+C of this section; provided, however, that nothing in the
643+Public School Capital Outlay Act or the development of
644+standards pursuant to that act prohibits a school district from
645+using other funds available to the district to exceed the
646+statewide adequacy standards.
647+.228682.1
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675+G. Upon request, the council shall work with, and
676+provide assistance and information to, the public school
677+capital outlay oversight task force.
678+H. The council may establish committees or task
679+forces, not necessarily consisting of council members, and may
680+use the committees or task forces, as well as existing agencies
681+or organizations, to conduct studies, conduct surveys, submit
682+recommendations or otherwise contribute expertise from the
683+public schools, programs, interest groups and segments of
684+society most concerned with a particular aspect of the
685+council's work.
686+I. Upon the recommendation of the authority, the
639687 council shall develop building standards for public school
640688 facilities and shall promulgate other such rules as are
641689 necessary to carry out the provisions of the Public School
642690 Capital Outlay Act.
643691 J. No later than December 15 of each year, the
644692 council shall prepare a report summarizing its activities
645-during the previous fiscal year. The report shall describe
646-in detail all projects funded, the progress of projects
647-previously funded but not completed, the criteria used to
648-prioritize and fund projects and all other council actions.
649-The report shall be submitted to the public education
650-commission, the governor, the legislative finance committee,
651-the legislative education study committee and the
652-legislature.
653-K. For any school district that received a
654-standards- or systems-based award from the council in fiscal
655-year 2023, the state share for any future phase of the
656-project for which funding has not yet been awarded shall be
657-the amount calculated pursuant to Subsection B of this
658-section for fiscal year 2024, regardless of the state share
659-at the time of the initial award.
660-L. As used in this section:
661-(1) "MEM" means membership; and
662-(2) "membership" means the total enrollment
663-of qualified students on the current roll of a class or school SB 82
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693+during the previous fiscal year. The report shall describe in
694+detail all projects funded, the progress of projects previously
695+funded but not completed, the criteria used to prioritize and
696+fund projects and all other council actions. The report shall
697+be submitted to the public education commission, the governor,
698+the legislative finance committee, the legislative education
699+study committee and the legislature.
700+.228682.1
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690-on a specified day. The current roll is established by the
728+K. For any school district that received a
729+standards- or systems-based award from the council in fiscal
730+year 2023, the state share for any future phase of the project
731+for which funding has not yet been awarded shall be the amount
732+calculated pursuant to Subsection B of this section for fiscal
733+year 2024, regardless of the state share at the time of the
734+initial award.
735+L. As used in this section:
736+(1) "MEM" means membership; and
737+(2) "membership" means the total enrollment of
738+qualified students on the current roll of a class or school on
739+a specified day. The current roll is established by the
691740 addition of original entries and reentries minus withdrawals.
692741 Withdrawals of students, in addition to students formally
693742 withdrawn from the public school, include students absent from
694743 the public school for as many as ten consecutive school days;
695744 provided that withdrawals do not include students in need of
696745 early intervention and habitual truants the school district is
697-required to intervene with and keep in an educational
698-setting."
746+required to intervene with and keep in an educational setting."
747+- 14 -
748+.228682.1