HB 253 — PUBLIC EDUCATION CHANGES

and [S.] T.

On or before October 15 of each year, each local school board or governing body of a state-chartered charter school shall submit [annually, on or before October 15] to the department:

e t 17 (1) an estimate for the succeeding fiscal year w l n d 18 of:

= = 19 (a) the membership of qualified students a l i a e r 20 to be enrolled in the basic program;

a t m m 21 (b) the membership of students to be d r e 22 enrolled as distance learning students;

c e s k 23 [(b)] (c) the full-time-equivalent e a n b 24 membership of students to be enrolled in approved early u [ childhood education programs;

and .233731.4 - 6 - HEC/HB 253 [(c)] (d) the membership of students to be enrolled in approved special education programs;

and (3) any other information related to the HEC/HB 253/a/ec Page 6 financial needs of the school district or state-chartered charter school as may be requested by the department.

[All] The information [requested] submitted pursuant to Subsection A of this section shall be submitted on forms prescribed and furnished by the department and [shall comply] in accordance with the department's rules and procedures.

e t 17 (2) [submit annually] on or before September 1 w l n d 18 of each year, submit to the department of finance and = = 19 administration, the legislative finance committee and the a l i a e r 20 legislative education study committee the department's a t m m 21 recommendations [of the department] for:

d r e 22 (a) amendments to the public school c e s k 23 finance formula;

e a n b 24 (b) appropriations for the succeeding u [ fiscal year to the public school fund;

and .233731.4 - 7 - HEC/HB 253 (c) appropriations for the succeeding fiscal year for pupil transportation and instructional materials;

and (3) [submit annually] on or before November 30 of each year, submit to the department of finance and administration, the legislative finance committee and the legislative education study committee any adjustments to the department's recommendationsHEC/HB [of253/a/ec thePage department]7 recommendations for appropriations related to additional enrollment growth program units pursuant to Section 22-8-23.1 NMSA 1978." SECTION 3.

The dates for which MEM is reported are as e t 17 follows:

w l n d 18 (1) the first reporting date is the second = = 19 Wednesday in October of each year;

a l i a e r 20 (2) the second reporting date is December 1 or a t m m 21 the first working day in December of each year;

and d r e 22 (3) the third reporting date is the second c e s k 23 Wednesday in February of each year.

e a n b 24 C.

The superintendent of each school district or u [ head administrator of [a] each state-chartered charter school .233731.4 - 8 - HEC/HB 253 shall maintain the following reports for each reporting period:

(3) the special education MEM in each public school in class C and class D programs as defined in Section HEC/HB 253/a/ec Page 8 22-8-21 NMSA 1978;

[and] (5) the full-time-equivalent MEM for bilingual multicultural education programs;

The superintendent of each school district and the head administrator of each state-chartered charter school shall furnish all reports required by law or the department to e t 17 the department [within ten working days of] on or before the w l n d 18 close of each reporting period or as otherwise requested by the = = 19 department.

Failure of the department to approve timely a l i a e r 20 submissions shall not cause a school district or charter school a t m m 21 to be found noncompliant with the requirements of this section.

d r e 22 E.

For purposes of this section, "working day" c e s k 23 means every calendar day excluding Saturdays, Sundays and legal e a n b 24 holidays.

uF. [ [E.

All]The F.information required pursuant to this section shall be submitted in a manner prescribed by the department.

The information required pursuant to .233731.4 - 9 - HEC/HB 253 this section shall be [on forms] submitted in a manner prescribed [and furnished] by the department.

[F.] G.

The department may withhold up to one hundred HEC/HB 253/a/ec Page 9 percent of allotments of funds to any school district or state-chartered charter school where the superintendent or head administrator has failed to comply with the requirements of this section.

[G.] H.

The provisions of this section may be modified or suspended by the department for any school district, [or] school or state-chartered charter school e t 17 operating under the Variable School Calendar Act.

The w l n d 18 department shall require MEM reports consistent with the = = 19 calendar of operations of such school district, [or] school or a l i a e r 20 state-chartered charter school and shall calculate an a t m m 21 equivalent MEM for use in projecting school district or charter d r e 22 school revenue." c e s k 23 SECTION 4.

Section 22-8-23 NMSA 1978 (being Laws 1975, e a n b 24 Chapter 119, Section 1, as amended by Laws 2019, Chapter 206, u [ Section 14 and by Laws 2019, Chapter 207, Section 14) is .233731.4 - 10 - HEC/HB 253 amended to read:

An approved public school [including a charter school] with a MEM of fewer than four hundred, including early childhood education full-time-equivalentfull- time-equivalent MEM but excluding membership in class C and class D programs and excluding full-full-time-equivalent time-equivalent membership in three- and four-year-old developmentally disabled programs, that is geographically located in a school HEC/HB 253/a/ec Page 10 district with fewer than two thousand MEM, is eligible for additional program units.

Separate schools established to provide special programs, including [but not limited to] vocational and alternative education, shall not be classified as public schools for purposes of generating size adjustment program units.

The number of additional program units to which a school district or charter school is entitled under this subsection is the sum of elementary-junior high e t 17 units and senior high units computed in the following manner:

w l n d 18 Elementary-Junior High Units = = 19 200 - MEM a l i a e r 20 _________ x 1.0 x MEM = Units a t m m 21 200 d r e 22 where MEM is equal to the membership of an approved elementary c e s k 23 or junior high school, including early childhood education e a n b 24 full-time-equivalent membership but excluding membership in u [ class C and class D programs and excluding full-time-equivalent .233731.4 - 11 - HEC/HB 253 membership in three- and four-year-old developmentally disabled programs;

Senior High Units 200 - MEM _________ x 2.0 x MEM = Units 200 or, Senior High Units HEC/HB 253/a/ec Page 11 400 - MEM _________ x 1.6 x MEM = Units 400 whichever calculation for senior high units is higher, where MEM is equal to the membership of an approved senior high school, excluding membership in class C and class D programs.

An approved public school with a MEM of fewer than four hundred, including early childhood education full- e t 17 time-equivalent MEM but excluding MEM in class C and class D w l n d 18 programs and excluding full-time-equivalent MEM in three- and = = 19 four-year-old developmentally disabled programs, geographically a l i a e r 20 located in a school district with two thousand MEM or more is a t m m 21 eligible for additional program units computed in the following d r e 22 manner:

c e s k 23 (1) for fiscal year 2020, eighty percent of e a n b 24 the sum of elementary-junior high units and senior high units u [ as prescribed in Subsection A of this section;

.233731.4 - 12 - HEC/HB 253 (2) for fiscal year 2021, sixty percent of the sum of elementary-junior high units and senior high units as prescribed in Subsection A of this section;

(4) for fiscal year 2023, twenty percent of the sum of elementary-junior high units and senior high units HEC/HB 253/a/ec Page 12 as prescribed in Subsection A of this section;

The number of additional program units to which a school district e t 17 is entitled under this subsection is the number of district w l n d 18 units computed in the following manner:

= = 19 District Units a l i a e r 20 4,000 - MEM a t m m 21 ___________ x 0.15 x MEM = Units d r e 22 4,000 c e s k 23 where MEM is equal to the total district membership, e a n b 24 including early childhood education full-time-equivalent u [ membership.

.233731.4 - 13 - HEC/HB 253 D.

A school district [as defined in Subsection R of Section 22-1-2 NMSA 1978] with a MEM of fewer than two hundred, including early childhood education full-time-equivalentfull-time- equivalent MEM, is eligible for additional program units if the department certifies that the school district has implemented practices to reduce scale inefficiencies, including shared service agreements with regional education cooperatives or other school districts for noninstructional functions and distance education.

The numbers of additional HEC/HB 253/a/ec Page 13 program units to which a school district is entitled under this subsection is the number of units computed in the following manner:

A school district with a rural population rate greater than forty percent or a charter school initially e t 17 chartered before July 1, 2018 and geographically located in a w l n d 18 school district with a rural population rate greater than forty = = 19 percent is eligible for additional program units.

The number a l i a e r 20 of additional program units to which a school district or a t m m 21 charter school is entitled pursuant to this subsection is d r e 22 determined by multiplying the full-time-equivalent MEM by the c e s k 23 rural population rate and the cost differential factor of [0.03 e a n b 24 for fiscal year 2020, 0.06 for fiscal year 2021, 0.09 for u [ fiscal year 2022, 0.12 for fiscal year 2023 and 0.15 for fiscal .233731.4 - 14 - HEC/HB 253 year 2024 and subsequent fiscal years] 0.15;

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 7 of this act] Chapter 22, Article 30 NMSA 1978 may be cited as the ["Statewide Cyber Academy Act"] "Distance Learning Act"." SECTION 6.

Section 22-30-2 NMSA 1978 (being Laws 2007, Chapter 292, Section 2 and Laws 2007, Chapter 293, Section 2) HEC/HB 253/a/ec Page 14 is amended to read:

DEFINITIONS.--As used in the [StatewideDistance CyberLearning Academy Act:

"course"distance provider"learning course" means aan person that supplies educational course contentprovided forthrough distancevirtual learninginstruction; courses;

e t 17 B.

"distance learning course"student" means ana educationalqualified wstudent lin naccordance dwith 18the courseprovisions thatof is taught where the studentPublic andSchool primaryFinance instructorAct =who =is 19enrolled arein separateda byfull-time timedistance orlearning spaceprogram; and linked by technology;

aand l i a e r 20 C.

"distance"full-time distance learning student"program" means a qualifiedpublic aschool tinstructional mprogram m 21 student as defined in Sectionwhich 22-8-2students NMSAreceive 1978virtual whoinstruction isand enrolledare dnot rrequired eto 22attend inschool oneat ora moreschool distancebuilding." learningSECTION courses7. for credit;

c e s k 23 D.

"learning management system" means a software e a n b 24 application that facilitates online instruction and interaction u [ between teachers and distance learning students;

.233731.4 - 15 - HEC/HB 253 E.

"local distance learning site" means a school district or charter school that offers and grants credit for distance learning courses to distance learning students enrolled in the school district or charter school;

F.

"primary enrolling district" means the school district or charter school in which the distance learning student is enrolled;

G.

"regional host" means an educational institution, school district or other entity selected by the statewide cyber academy to coordinate the delivery of distance learning courses within a broad geographic region of the state;

H.

"service center" means the single central facility where administrative and management functions of the statewide cyber academy are physically located in New Mexico;

and I.

"statewide cyber academy" means the department's e t 17 collaborative program that offers distance learning courses to w l n d 18 all local distance learning sites] Distance Learning Act:

= = 19 A.

"distance learning course" means an educational a l i a e r 20 course provided through virtual instruction;

a t m m 21 B.

"distance learning student" means a qualified d r e 22 student in accordance with the provisions of the Public School c e s k 23 Finance Act who is enrolled in a full-time distance learning e a n b 24 program;

and u [ C.

"full-time distance learning program" means a .233731.4 - 16 - HEC/HB 253 public school instructional program in which students receive virtual instruction and are not required to attend school at a school building." SECTION 7.

STATEWIDE CYBER ACADEMY CREATED.--The "statewide cyber academy" [program] is created as a program in the department.

[The statewide cyber academy is a collaborative program among the department, the higher education department, telecommunications networks and representatives of other state agencies engaged in providing distance education.] The statewide cyber academy [shall] may provide distance learning courses for [grades six through twelve] sixth grade through twelfth grade and professional development for teachers, instructional support providers and e t 17 school administrators." w l n d 18 SECTION 8.

Section 22-30-4 NMSA 1978 (being Laws 2007, = = 19 Chapter 292, Section 4 and Laws 2007, Chapter 293, Section 4) a l i a e r 20 is amended to read:

aHEC/HB t253/a/ec mPage m15 21 "22-30-4.

DEPARTMENT RULES.--The department shall d r e 22 promulgate rules to carry out the provisions of the [Statewide c e s k 23 Cyber Academy] Distance Learning Act." e a n b 24 SECTION 9.

Section 22-30-5 NMSA 1978 (being Laws 2007, u [ Chapter 292, Section 5 and Laws 2007, Chapter 293, Section 5) .233731.4 - 17 - HEC/HB 253 is amended to read:

[STATEWIDE CYBER ACADEMY] FULL-TIME DISTANCE LEARNING PROGRAM--DUTIES.--[ThePROGRAM-- statewideDUTIES.-- cyberA. academy shall:

A.

establish a distance learning course delivery system that is efficient and cost-effective and that uses a statewide service center and regional hosts to provide approved distance learning courses;

B.

select regional hosts based on pre-existing experience and capacity to facilitate the delivery of distance educational programs, including public post-secondary educational institutions, regional education cooperatives and school districts;

C.

provide technical and program support to regional hosts and local distance learning sites;

D.

ensure that all distance learning courses offered by course providers are taught by highly qualified e t 17 teachers or members of the faculty of accredited post-secondary w l n d 18 educational institutions and meet state academic content and = = 19 performance standards;

a l i a e r 20 E.

provide for reasonable and equitable means to a t m m 21 allocate the costs of distance learning courses among the d r e 22 statewide cyber academy, the course providers and the school c e s k 23 districts whose students are enrolled in a distance learning e a n b 24 course;

u [ F.

give first priority to the delivery of distance .233731.4 - 18 - HEC/HB 253 learning courses for credit to distance learning students who have the greatest need because of geographic location or circumstances in which a school district may have difficulty delivering essential course instruction due to financial restraints or lack of highly qualified teachers;

provided that in fiscal year 2008 the statewide cyber academy shall include, among those distance learning students who are determined to have the greatest need, distance learning students served by school districts that are members of regional education cooperatives three, eight and nine;

G.

ensure that the statewide cyber academy's learning management system is compatible with school district and department data collection, analysis and reporting systems;

H.

ensure that all deficiencies in the infrastructure, hardware and software in the statewide cyber academy are corrected in accordance with educational technology e t 17 adequacy standards pursuant to Section 22-15A-11 NMSA 1978;

w l n d 18 I.

comply with all rules governing privacy and = = 19 confidentiality of student records for secure record storage;

a l i a e r 20 J.

offer distance learning courses to distance a t m m 21 learning students;

d r e 22 K.

offer professional development via distance c e s k 23 learning, using a learning management system;

e a n b 24 L.

assist the council on technology in education in u [ its development of the statewide plan required by Section .233731.4 - 19 - HEC/HB 253 22-15A-7 NMSA 1978, including a statewide cyber academy plan that addresses short- and long-range goals;

M.

define and coordinate the roles and responsibilities of the collaborating agencies to establish a distance learning governance and accountability framework;

and N.

conduct an annual evaluation and provide an annual report to the department and the legislature that includes a detailed report of expenditures;

a description of services provided, including the number and location of local distance learning sites, public schools and distance learning students served;

the courses offered;

the credits generated by local distance learning sites;

and student and teacher accountability reporting data.] A.

(1) administer the program in compliance with e t 17 the Public School Code, including Section 22-2-8.1 NMSA 1978 w l n d 18 regarding required instructional hours and Section 22-10A-20 = = 19 NMSA 1978 regarding class load and teaching load limits;

a l i a e r 20 (2) administer the program in compliance with a t m m 21 state and federal law regarding student privacy, student record d r e 22 confidentiality and secure student record storage;

c e s k 23 (3) only provide distance learning courses e a n b 24 that are taught by licensed teachers or faculty members of u [ accredited post-secondary educational institutions and that .233731.4 - 20 - HEC/HB 253 meet the department's academic content and performance standards;

(4) on or before October 15 of each year, notify the department as to the number of students enrolled HEC/HB 253/a/ec Page 16 in the program and the grade level of the enrolled students;

Section 22-30-6 NMSA 1978 (being Laws 2007, e t 17 Chapter 292, Section 6 and Laws 2007, Chapter 293, Section 6) w l n d 18 is amended to read:

= = 19 "22-30-6.

DISTANCE LEARNING STUDENTS--ENROLLMENT.-- aA. l i a e r 20 [A.

A student must be enrolled in a public school adistrict tshall mnot mrequire 21 or a state-supportedstudent school and must have the permission of the d r e 22 student's local distance education learning site to enroll in a cfull-time e s k 23 distance learning course.program.

A distance learning student shall e a n b 24 only be counted in the student's primary enrolling district for u [ the purpose of determining the membership used to calculate a .233731.4 - 21 - HEC/HB 253 school district's state equalization guarantee.

A student shall have only one primary enrolling district.

A homecharter school studentshall maynot participaterequire ina thestudent statewideto cyberenroll academy by enrolling for one-half or more of the minimum course requirements approved by the department for public school students in thea schoolfull-time districtdistance inlearning whichprogram. the student resides;

or, if the student is enrolled for less than one-half of the minimum course requirements, the student may participate in the statewide cyber academy by paying not more than thirty-five percent of the current unit value per curricular unit.

The provisions of Subsections A studentand enrolledB inof athis nonpublicsection schooldo maynot participateapply into thea statewideschool cyberdistrict academyor charter school if temporary enrollment of the schooldistrict's or charter school's students in whicha thefull-time studentdistance learning program is enrollednecessary entersor intoappropriate during a contractpublic withhealth theemergency schoolHEC/HB district253/a/ec inPage which17 declared pursuant to the nonpublicPublic schoolHealth isEmergency located.Response Act." SECTION 11.

D.

A student who is detained in or committed to a e t 17 juvenile detention facility or a facility for the long-term w l n d 18 care and rehabilitation of delinquent children may participate = = 19 in the statewide cyber academy if the facility in which the a l i a e r 20 student is enrolled enters into a contract with the school a t m m 21 district in which the facility is located.] d r e 22 A.

A school district shall not require a student to c e s k 23 enroll in a full-time distance learning program.

e a n b 24 B.

A charter school shall not require a student to u [ enroll in a full-time distance learning program.

.233731.4 - 22 - HEC/HB 253 C.

The provisions of Subsections A and B of this section do not apply to a school district or charter school if temporary enrollment of the district's or charter school's students in a full-time distance learning program is necessary or appropriate during a public health emergency declared pursuant to the Public Health Emergency Response Act." SECTION 11.

DISTANCE LEARNING AND COMPUTER-BASED COURSES.--COURSES.--A [Public schools that offer distance learning and computer-based courses of study shall provide accompanying electronic formats that are usable by a person with a disability using assistive technology, and those formats shall be based on the American standard code for information interchange, hypertext markup language and extensible markup language] A school district or charter school that has a full-time distance learning program e t 17 or offers distance learning courses or other computer-based w l n d 18 courses of study shall provide accompanying instructional = = 19 materials or other materials in an electronic format usable by a l i a e r 20 a person with a disability or compatible with the person's a t m m 21 assistive technology." d r e 22 SECTION 12.

A new section of the Distance Learning Act is c e s k 23 enacted to read:

e"DEPARTMENT a n b 24 "[NEW MATERIAL] DEPARTMENT EVALUATION OF PROGRAMS.--By the u [ end of the 2027-20282028-2029 school year and at least every five years .233731.4 - 23 - HEC/HB 253 thereafter, the department shall evaluate all full-time distance learning programs to certify that the programs are in compliance with the Public School Code and related rules, including provisions related to instructional hours, class load and teaching load limits.

If the department determines that a full-time distance learning program was not in compliance during the period preceding the evaluation, the department may withhold up to one hundred percent of allotments of funding for distance learning students from the HEC/HB 253/a/ec Page 18 school district or state-chartered charter school that operates the full-time distance learning program until the local superintendent or head administrator submits, and the department approves, a plan by which the school district or state-chartered charter school will come into compliance with the Public School Code and related rules." SECTION 13.

TEMPORARY PROVISIONS.-- e t 17 A.

For the purposes of the Public School Finance w l n d 18 Act in fiscal year 2026, a school district with MEM over eight = = 19 thousand shallwhose calculateMEM on the totalfirst numberreporting date of programfiscal unitsyear to2026 ais lat ileast aten epercent rlower 20than which the school district is entitled by using the school a t m m 21 district's MEM on the first reporting date of fiscal year 20262025 dshall rcalculate ethe 22total ifnumber thatof MEMprogram isunits atto leastwhich tenthe percentschool lowerdistrict thanis entitled by averaging the school cdistrict's eMEM son kthe 23first reporting date of fiscal year 2025 and the school district's MEM on the first reporting date of fiscal year 2025.2026.

e a n b 24 B.

For the purposes of the Public School Finance u [ Act in fiscal years 2026 and 2027, a school district is not .233731.4 - 24 - HEC/HB 253 eligible for enrollment growth program units pursuant to Section 22-8-23.1 NMSA 1978 for students enrolled in a full- time distance learning program.

For fiscal year 2027, a school district or charter school shall not reorganize to create a school district, school or school program that has a majority of HEC/HB 253/a/ec Page 19 students enrolled in a full-time distance learning program.

The study shall evaluate the status of full-time distance learning programs or similar programs and assess the outcomes of students enrolled in the programs, with particular focus on those students who are in kindergarten through fifth grade, the cost of operating the programs and potential legislative action regarding full-full-time e t 17 time distance learning programs.

On or before November 1, w l n d 18 2026, the legislative education study committee shall submit a = = 19 final report on the comprehensive study to the governor, the a l i a e r 20 public education department and the legislative finance a t m m 21 committee.

d r e 22 E.

As used in this section, "full-time distance c e s k 23 learning program" means a public school instructional program e a n b 24 in which students receive virtual instruction and are not u [ required to attend school at a school building.

.233731.4 - 25 - HEC/HB 253 SECTION 14.

HEC/HB 253/a/ec Page 20 SECTION 16.

-HEC/HB 26253/a/ec -Page 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d5 r7 e9 2225 c e s k 23 e a n b 24 u [ .233731.4