SB 40 — REMOTE WEDDINGS FOR ACTIVE DUTY MILITARY

b e d s º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 3 - e a n e d r e l u [ A d SFC/SB 40 instructional hours provided by the elementary school by no fewer than fifty-five additional instructional hours.

E.

The additional instructional days required for an extended learning time program shall be implemented for all students in a participating public school and shall be considered an extended school calendar for all students in each participating school.

F.

A school district or charter school that qualified for extended learning time program units in the prior fiscal year shall not be required to add more instructional days in the current school year than it did in the prior school year to qualify for program units in the current school year if the school district or charter school provides the same or more total instructional days and total instructional hours than it provided in the prior school year.

[E.] G.

The number of additional units to which a h school district or charter school is entitled under this u » r section is computed in the following manner:

t h g e MEM x 0.11." l i h r i s SECTION 2.

Section 22-8-23.11 NMSA 1978 (being Laws 2019, h , e h Chapter 206, Section 17 and Laws 2019, Chapter 207, Section 17) t u g e b l is amended to read:

e e , gh n d d i = = o h "22-8-23.11.

K-5 PLUS PROGRAM UNITS.--The number of K-5 l ] b ,d i a º r plus program units is determined by multiplying the MEM in e r = t e w d department-approved K-5 plus [programs ] schools by the cost m a n o d m :

b r e t º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 4 - e a n e d r e l u [ A d differential factor of 0.3 [For each reporting date, MEM in K-5 plus programs shall be equal to the number of qualified students on a reporting date chosen by the department.];

provided that the cohort of students in a K-5 plus public school that spans two fiscal years shall be funded for participation in the required additional instructional days in a single fiscal year." SECTION 3.

Section 22-13D-2 NMSA 1978 (being Laws 2019, Chapter 206, Section 3 and Laws 2019, Chapter 207, Section 3) is amended to read:

"22-13D-2.

K-5 PLUS--ELIGIBILITY--REQUIREMENTS.-- A.

A school district or charter school may apply to participate in the K-5 plus program and is eligible to receive program units for students enrolled in elementary schools approved by the department to participate in the K-5 plus program.

In approving schools for participation in K-5 plus, the department shall prioritize elementary schools:

(1) in which eighty percent or more of the elementary school's students are eligible for free or reduced- h fee lunch;

g o (2) that are low-performing elementary t hr g e i k schools;

and h r i s [(3) that participated in the 2018 K-3 plus or h , t, K-5 plus program;

and e u g e b l (4)] (3) that meet criteria established by e e h n d d i = = o h department rule.

l ] b ,d i a º e B.

Each K-5 plus [program ] school shall:

r i = r t e w d (1) except as provided in Subsection C of this m a n o d m :

b e d s º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 5 - e a n e d r e l u [ A d SFC/SB 40 section, provide no fewer than two hundred five instructional days per school year or twenty-five additional instructional days [prior to the start of the regular school year ] per school year, whichever requires the addition of the fewest number of instructional days, to all elementary school students enrolled in the elementary school;

(2) provide a good-faith attempt to keep students [that participate in the K-5 plus program ] with the same teacher and cohort of students during K-5 plus and the regular school year and minimize mid-year transfers to only those transfers that are in the best interest of the student;

(3) include additional professional development for teachers teaching at a K-5 plus [teachers] school in how young children learn to read;

and (4) be [implemented school-wide ] considered an extended school calendar for all students in each participating h school.

g o C.

An elementary school operating a four-day school t hr g e i k week shall provide no fewer than one hundred seventy-five h r i s instructional days per school year or twenty additional h , t, instructional days per school year, whichever requires the e u g e b l e e h addition of the fewest number of instructional days to all n d d i = = o h elementary students enrolled in the elementary school.

l ] b ,d i a º e D.

A school district or charter school that r i = r t e w d qualified for K-5 plus program units in the prior fiscal year m a n o d m :

b e d s º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 6 - e a n e d r e l u [ A d shall not be required to add more instructional days to the current school year to qualify for program units in the current school year if the school district or charter school provides the same or more total instructional days and total instructional hours than it provided in the prior school year.

[C.] E.

An elementary school is ineligible for K-5 plus program units if it fails to meet the requirements of [Subsection B of ] this section." SECTION 4.

Section 22-13D-3 NMSA 1978 (being Laws 2019, Chapter 206, Section 4 and Laws 2019, Chapter 207, Section 4) is amended to read:

"22-13D-3.

K-5 PLUS--OVERSIGHT--REPORTING.--[A.

] The department shall:

[(1) ] A.

enforce the provisions of the K-5 Plus Act;

[(2) ] B.

issue rules for the development and implementation of K-5 plus [programs ] schools;

[(3) ] C.

assist school districts and charter schools in developing and evaluating K-5 plus [programs ] h schools;

g o [(4) ] D.

develop and disseminate information on t hr g e i k best practices in the area of academic success of early h r i s learners;

h , t, [(5) ] E.

establish reporting and evaluation e u g e b l requirements, including student and program assessments, for K- e e h n d d i = = o h 5 plus schools [participating in the program];

l ] b ,d i a º e [(6) ] F.

annually report to the legislature and the r i = r t e w d governor on the efficacy of K-5 plus [programs ] schools;

and m a n o d m :

b e d s º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 7 - e a n e d r e l u [ A d SFC/SB 40 [(7) ] G.

establish a K-5 plus advisory committee composed of representatives of school districts and charter schools that [participate in the ] have K-5 plus [program] schools, the legislative education study committee, the legislative finance committee and other stakeholders.

The advisory committee shall meet twice a year to advise the department on K-5 plus implementation.

[B.

Students participating in K-5 plus shall be evaluated at the beginning of K-5 plus, and their progress shall be measured through department-approved summative and formative assessments.]" SECTION 5.

Section 22-13D-4 NMSA 1978 (being Laws 2019, Chapter 206, Section 5 and Laws 2019, Chapter 207, Section 5) is amended to read:

"22-13D-4.

K-5 PLUS--APPLICATION.-- A.

School districts and charter schools that wish h to [participate in the ] establish a HECºnew»HEC K-5 plus g o [program] school shall apply [to participate in] through their t hr g e i k annual educational plans submitted to the department pursuant h r i s to the Public School Finance Act.

h , t, HECº B.

For public schools that previously offered a e u g e b l K-5 plus program, each school district and charter school, in e e h n d d i lieu of submitting an application in its annual educational = = o h l ] b ,d plan, shall notify the department of its intent to provide the i a º e K-5 plus program and no formal application shall be r i = r t e w d required.»HEC m a n o d m :

b e d s º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 8 - e a n e d r e l u [ A d HECºB.»HEC HECºC.»HEC For planning purposes, no later than October 15 of each year, a school district or charter school that wishes to apply for a new K-5 plus [program] school for the next fiscal year shall submit to the department the actual number of students participating in its approved K-5 plus [programs] schools in the current year and an estimate of the number of students the school district or charter school expects will participate in each K-5 plus [programs] school in the next year.

[The department shall not approve a new K-5 plus program unless the school district or charter school notifies the department of its intent to start a new program as required by this section.] Nothing in this subsection shall be construed to prohibit the department from approving a new K-5 plus school in a school district or charter school that did not submit the information required by this subsection to the department if sufficient funding is available to fund the school.

HECºC.»HEC HECºD.»HEC No later than November 15 of each year, the department shall notify the legislature of h the number of students participating in K-5 plus [programs ] g o schools in the current school year and of the number of t hr g e i k students projected to participate in K-5 plus [programs ] h r i s schools in the next school year." h , t, HECºSECTION 6.

TEMPORARY PROVISION--EXTENDED SCHOOL YEAR e u g e b l e e h PROGRAMS FOR THE 2021-2022 SCHOOL YEAR--LIMITATION.-- n d d i = = o h A.

The legislature finds that learning loss during l ] b ,d i a º e the 2019-2020 and 2020-2021 school year due to public school r i = r t e w d m a n o closures and extended periods of remote learning requires an d m :

b e d s º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 9 - e a n e d r e l u [ A d SFC/SB 40 increase in instructional time once it is safe to return to in- person instruction.

ToFor obtain a marriage license, the couple2021-2022 shallschool personallyyear, appearif atin-person theinstruction officeis ofnot theprohibited countyby clerkexecutive issuingorder: the license [and] unless an unavailable party provides a notarized affidavit pursuant to Subsection C of this section.

A(1) coupleeach appearingpublic personallyelementary atschool the office of the county clerk shall provide sufficientK-5 identificationplus pursuant to satisfy the countyK-5 clerkPlus asAct toor eachan person'sextended identitylearning andtime qualificationprogram to receive a marriage license pursuant to ChapterSection 40,22-8-23.10 Article 1 NMSA 1978.1978;

[Onand application(2) toeach apublic judgeschool ofthat theis districtnot court,an theelementary court,school eas tprovided 17in forParagraph good(1) cause, may authorize a person unable to appear w l n d 18 personally to obtain a license from the county clerk, and a = = 19 a l certified copy of thethis judicialsubsection authorization shall beprovide filedan iextended alearning etime rprogram 20pursuant withto theSection county22-8-23.10 clerk.]NMSA a1978. t m m 21 C.

IfC. a party to a marriage is unable to be present d r e 22 at the office of the county clerk to obtain a marriage license, c e s k 23 the unavailable party may proceed remotely if that party e a n b 24 provides a notarized affidavit to the county clerk.

ThePrior uto [approving affidavita school district's or charter school's fiscal year 2022 operating budget, the secretary of public education shall include:ensure that each school district or charter school has made plans in its operating h budget to require K-5 plus or extended learning time programs u » r t h for all students.

.223015.1g -e 4l -i (1)D. the unavailable party's full name, including the maiden surname of a female applicant;

address;Student participation in a K-5 plus school or an h r i s extended learning time program shall be mandatory and in person h , e h t u g if in-person instruction is not prohibited by executive order.

datee b l e e , gh Each public school shall apply the provisions of birth;the Attendance n d d i = = o h for Success Act to additional instructional days required by l ] b ,d i a º r e r = this section.

placet ofe birth,w includingd city,m countya andn state;o E.

citizenship;Notwithstanding the provisions of Chapter 22, d m :

b r e t º o t n = .219676.4AIC March 18, 2021 (9:29am) s k m e - 10 - e a n e d r e l u [ A d Articles 8 and social13 securityNMSA number,1978, ifin any;lieu of submitting an application in its annual educational plan, each school district and charter school shall notify the department of its intent to provide the additional instructional time required by this section no later than April 15, 2021, and no formal application process shall be required for the 2021-2022 school year.

(2)F. a declaration that the unavailable party is not presently married;

(3)Notwithstanding athe declarationprovisions thatof Sections 22-8-23.11 and 22-8-23.12 NMSA 1978, the partynumber of MEM used to calculate the marriagenumber whoof isapproved availableK-5 isplus notprogram presentlyunits marriedor extended learning time program units for each school district or charter school with an approved program during the 2021-2022 school year shall be calculated using the greater of the average of MEM in each approved public school on the second and isthird notreporting relateddates toof the unavailable2020-2021 partyschool as:year or the MEM in each approved public school on the first reporting date of the 2021-2022 school year.

(a)G. an ancestor or descendant, by blood or adoption;

(b)Subject to the availability of funds, nothing in this section shall be construed to prohibit a brotherpublic orelementary sister,h ofschool thefrom wholeparticipating orin halfboth bloodK-5 orplus byand adoption;an extended u » r t h learning time program.»HEC g e l i - 11 - h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

(c)b ar parent'se brothert orº sister,o oft then whole= or.219676.4AIC halfMarch blood18, or2021 by(9:29am) adoption;s k m e e a n e d r e l u [ A d

(d) a son or daughter of a brother or e t 17 sister, of the whole or half blood or by adoption;

w l n d 18 (e) a current or former stepchild or = = 19 a l stepparent;

or i a e r 20 (f) a son or daughter of a parent's a t m m 21 brother or sister, of the whole or half blood or by adoption;

d r e 22 (4) a declaration that the unavailable party c e s k 23 desires to marry and the name, age and address of the person to e a n b 24 whom the unavailable party desires to be married;

u [ (5) the approximate date on which the marriage .223015.1 - 5 - is to occur;

(6) the reason the unavailable party is unable to appear personally before the county clerk for the issuance of the license;

and (7) the appointment of any adult, other than the other party to the marriage, to act as proxy for the purpose of participating in the ceremony, if the unavailable party is:

(a) a member of the armed forces of the United States on active duty;

and (b) unable to attend the ceremony.

[C.] D.

The county clerk:

(1) shall collect the social security number of an applicant for a marriage license only as provided for in Section 27-1-10 NMSA 1978;

(2) shall not make available a social security e t 17 number to another person except as provided for in Section w l n d 18 27-1-10 NMSA 1978;

and = = 19 a l (3) may, thirty days after the commencement of i a e r 20 each fiscal year, dispose of, in a secure manner, those social a t m m 21 security numbers collected in the previous fiscal year that d r e 22 have not been requested as provided for in Section 27-1-10 NMSA c e s k 23 1978." e a n b 24 - 6 - u [ .223015.1