HB 5 — PUBLIC EDUCATION CHANGES

"state educational institution" means an h institution enumerated in Article 12, Section 11 of the u » r constitution of New Mexico;

t h g e l i Y.

"substitute teacher" means a person who holds a h r i s certificate to substitute for a teacher in the classroom;

h , e h Z.

"teacher" means a person who holds a level one, t u g e b l e e , gh two or three-A license and whose primary duty is classroom n d d i = = o h instruction or the supervision, below the school principal l ] b ,d i a º r level, of an instructional program or whose duties include e r = t e w d m a n o curriculum development, peer intervention, peer coaching or dmentoring mor :serving as a resource teacher for other teachers;

b r e t º o t n = .212362.1 s k m e - 5 - e a n e d r e l u [ A d mentoring or serving as a resource teacher for other teachers;

"certified school instructor" means a [teacher or instructional support provider] licensed school employee;

"[NEW"SHORT MATERIAL] SHORT TITLE.--Sections 2 through 5 of this act may be cited as the "K-5 Plus Act"." SECTION 3.

A new section of the Public School Code is HB 5/a Page 5 enacted to read:

"[NEW"K-5 MATERIAL] 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 h approved by the department to participate in the K-5 plus g o t hr program.

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

h r i s (1) in which eighty percent or more of the h , t, elementary school's students are eligible for free or reduced-reduced-fee e u g e b l e e h fee lunch;

n d d i = = o h (2) that are low-performing elementary l ] b ,d i a º e schools;

r i = r t e w d m a n o (3) that participated in the 2018 K-3 plus or dK-5 mplus :program;

b e d s º o t n = .212362.1 s k m e - 6 - e a n e d r e l u [ A d K-5 plus program;

(3) include additional professional HB 5/a Page 6 development for K-5 plus teachers in how young children learn to read;

HECºand and»HEC (4) be implemented school-wideschool-wide. HECº;

and .»HEC HECº(5) be mandatory for all students in the h participating elementary school no later than the 2022-2023 g o t hr school year.»HEC g e i k C.

An elementary school is ineligible for K-5 plus h r i s program units if it fails to meet the requirements of h , t, e u g Subsection B of this section." e b l e e h SECTION 4.

A new section of the Public School Code is n d d i = = o h enacted to read:

l"K-5 ] b ,d i a º e r i = r "[NEW MATERIAL] K-5 PLUS--OVERSIGHT--REPORTING.-- t e w d m a n o A.

d(1) menforce :the provisions of the K-5 Plus Act;

b e d s º o t n = .212362.1 s k m e - 7 - e a n e d r e l u [ A d (1) enforce the provisions of the K-5 Plus Act;

and (7) establish a K-5 plus advisory committee HB 5/a Page 7 composed of representatives of school districts and charter h schools that participate in the K-5 plus program, the g o t hr legislative education study committee, the legislative finance g e i k committee and other stakeholders.

The advisory committee shall h r i s meet twice a year to advise the department on K-5 plus h , t, implementation.

e u g e b l e e h B.

Students participating in K-5 plus shall be n d d i = = o h evaluated at the beginning of K-5 plus, and their progress l ] b ,d i a º e shall be measured through department-approved summative and r i = r t e w d m a n o formative assessments." dSECTION m5. :

b e d s º o t n = .212362.1 s k m e - 8 - e a n e d r e l u [ A d SECTION 5.

"[NEW"K-5 MATERIAL] K-5 PLUS--APPLICATION.-- A.

The department shall not approve a new K-5 plus HB 5/a Page 8 program unless the school district or charter school notifies the department h of its intent to start a new program as required by this u » r section.

t h g e l i C.

No later than November 15 of each year, the h r i s department shall notify the legislature of the number of h , e h students participating in K-5 plus programs in the current t u g e b l e e , gh school year and of the number of students projected to n d d i = = o h participate in K-5 plus programs in the next school year." l ] b ,d i a º r SECTION 6.

Section 22-8-2 NMSA 1978 (being Laws 1978, e r = t e w d m a n o Chapter 128, Section 3, as amended) is amended to read:

d"22-8-2. m :

b r e t º o t n = .212362.1 s k m e - 9 - e a n e d r e l u [ A d "22-8-2.

"basic program ADM" or "basic program MEM" HB 5/a Page 9 means the MEM of qualified students but excludes the full-time-full- htime-equivalent equivalent MEM in early childhood education and three- and u » r four-year-old students receiving special education services;

t h g e l i D.

"cost differential factor" is the numerical h r i s expression of the ratio of the cost of a particular segment of h , e h the school program to the cost of the basic program in grades t u g e b l e e , gh four through six;

n d d i = = o h E.

"department" or "division" means the public l ] b ,d i a º r education department;

e r = t e w d m a n o F.

"early childhood education ADM" or "early dchildhood meducation :MEM" means the full-time-equivalent MEM of students attending approved early childhood education programs;

b r e t º o t n = .212362.1 s k m e - 10 - e a n e d r e l u [ A d childhood education MEM" means the full-time-equivalent MEM of students attending approved early childhood education programs;

"performance measure" means a HECºquantitive»HECquantitative HECºquantitative»HECHB 5/a Page 10 indicator used to assess the output or outcome of an approved program;

"performance target" means the expected level of h performance of a program's performance measure;

u » r [I.] K.

"program cost" is the product of the total t h g e l i number of program units to which a school district is entitled h r i s multiplied by the dollar value per program unit established by h , e h the legislature;

t u g e b l e e , gh [J.] L.

"program element" is that component of a n d d i = = o h public school system to which a cost differential factor is l ] b ,d i a º r applied to determine the number of program units to which a e r = t e w d m a n o school district is entitled, including MEM, full-time-full-time-equivalent dMEM, mteacher, :classroom or public school;

bM. r e t º o t n = .212362.1 s k m e - 11 - e a n e d r e l u [ A d equivalent MEM, teacher, classroom or public school;

[K.

] M.

[L.N.

] N.

[M.O.

] O.

(2) is regularly enrolled in one-half or HB 5/a Page 11 more of the minimum course requirements approved by the department for public school students;

and (3) in terms of age and other criteriacriteria: :

h (a) is at least five years of age prior g o t hr to 12:01 a.m.

g e i k (b) is at least three years of age at h r i s any time during the school year and is receiving special h , t, education services pursuant to rules of the department;

[or ] e u g e b l e e h (c) except as provided in Subparagraph n d d i = = o h (d) of this paragraph, has not reached the student's l ] b ,d i a º e twenty-second birthday on the first day of the school yearyear; [and r i = r t e w d m a n o is receiving special education services pursuant to rules of d m :

b e d s º o t n = .212362.1 s k m e - 12 - e a n e d r e l u [ A d the department];

[N.] Q.

(1) for fiscal year 2019, the instructional HB 5/a Page 12 staff training and experience index;

(2) for fiscal year 2020, the weighted average of the instructional staff training and experience index at h seventy-five percent and the teacher cost index at twenty-five u » r percent;

t h g e l i (3) for fiscal year 2021, the weighted average h r i s of the instructional staff training and experience index at h , e h fifty percent and the teacher cost index at fifty percent;

t u g e b l e e , gh (4) for fiscal year 2022, the weighted average n d d i = = o h of the instructional staff training and experience index at l ] b ,d i a º r twenty-five percent and the teacher cost index at seventy-five e r = t e w d m a n o percent;

and d(5) mfor :fiscal year 2023 and subsequent fiscal years, the teacher cost index;

b r e t º o t n = .212362.1 s k m e - 13 - e a n e d r e l u [ A d (5) for fiscal year 2023 and subsequentR. fiscal years, the teacher cost index;

and [O.

] R.

The rules, including revisions or amendments, shall become effective [only]HB upon5/a [approvalPage by13 theupon state board and] filing with the state records center and archives and publication.

h B.

All public schools and school districts shall g o t hr comply with the rules and procedures prescribed and shall, upon g e i k request, submit additional reports concerning finances to the h r i s department, including an accounting of the costs of services h , t, related to providing a program included in the educational plan e u g e b l e e h approved by the department.

In addition, upon request, all n d d i = = o h public schools and school districts shall file reports with the ldepartment ]containing bpertinent ,ddetails iregarding aapplications ºfor efederal departmentmoney containingor pertinentfederal detailsgrants- in-aid or regarding applicationsfederal rmoney ior =federal rgrants-in-aid treceived, eincluding wdetails dof mprograms, amatching nfunds, opersonnel forrequirements, federalsalary moneyprovisions orand program numbers, as indicated in the catalog of federal grants-in-aiddomestic orassistance, regardingof the federal dfunds mapplied :for and of those received.

b e d s º o t n = .212362.1 s k m e - 14 - e a n e d r e l u [ A d money or federal grants-in-aid received, including details of programs, matching funds, personnel requirements, salary provisions and program numbers, as indicated in the catalog of federal domestic assistance, of the federal funds applied for and of those received.

Upon request by the department of finance and administration, the legislative finance committee or the legislative education study committee, the department shall [timely] furnish information and data obtained from public schools and school districts [pursuant to Subsection B of this section] and information compiled by the department related to public school finances within ten business days." SECTION 8.

Section 22-8-6 NMSA 1978 (being Laws 1967, HB 5/a Page 14 Chapter 16, Section 60, as amended by Laws 1999, Chapter 281, Section 21 and by Laws 1999, Chapter 291, Section 2) is amended to read:

h "22-8-6.

OPERATING BUDGETS--EDUCATIONAL PLANS-- g o t hr SUBMISSION--FAILURE TO SUBMIT.-- g e i k A.

Prior to April 15 of each year, each local school h r i s board shall submit to the department an operating budget for the h , t, school district and any locally chartered charter [schools] e u g e b l e e h school in the school district for the ensuing fiscal year.

n d d i = = o h [Upon written approval of the state superintendent ] l ] b ,d i a º e B.

The date for the submission of the operating rbudget ifor =each rschool tdistrict eand weach dcharter mschool aas nrequired oby budgetthis forsection eachmay schoolbe districtextended andto eacha charterlater schooldate asfixed dby mthe :secretary.

bC. e d s º o t n = .212362.1 s k m e - 15 - e a n e d r e l u [ A d required by this section may be extended to a later date fixed by the [state superintendent ] secretary.

[B.] C.

[C.] D.

The operating budget required by this section shall include a budget for each charter school of the membership projected for each charter school, the total HB 5/a Page 15 program units generated at that charter school and approximate anticipated disbursements and expenditures at each charter school.

For fiscal year 2021 and subsequent fiscal years, h each school district's and each locally chartered or state-state-chartered g o t hr chartered charter school's educational plan shall include:

g e i k (1) information on the instructional time h r i s offered by the school district or charter school, including the h , t, number of instructional days by school site and the number of e u g e b l e e h hours in each instructional day and the frequency of early- n d d i = = o h release days;

l ] b ,d i a º e (2) a narrative explaining the identified r i = r t e w d m a n o services to improve the academic success of at-risk students;

d(3) ma :narrative explaining the services provided to students enrolled in the following programs:

b(a) eextended dlearning stime ºprograms, oincluding t n = .212362.1 s k m e - 16 - e a nreport eof dhow rthe eextended llearning utime [is Aused dto (3)improve a narrative explaining the servicesacademic providedsuccess toof students enrolledand inprofessional thelearning followingof programs:teachers;

HAFCº(a) bilingual multicultural education programs;»HAFC HAFCº(b) (a)»HAFC extended learning time programs, including a report of how the extended learning time is used to improve the academic success of students and professional(b) learningK-5 ofplus teachers;programs;

and HAFCº(c) (b)»HAFC K-5 plus programs;

(5) a narrative explaining supplemental HB 5/a Page 16 programs or services offered by the school district or charter school to ensure that the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act are h being implemented by the school district or charter school;

g o t hr (6) a narrative describing the amount of g e i k program cost generated for services to students with h r i s disabilities and the spending of these revenues on services to h , t, e u g students with disabilities, which shall include the following:

e b l e e h (a) program cost generated for students n d d i = = o h enrolled in approved special education programs;

l ] b ,d i a º e (b) budgeted expenditures of program r i = r t e w d m a n o cost, for students enrolled in approved special education dprograms, mon :students with disabilities;

b e d s º o t n = .212362.1 s k m e - 17 - e a n e d r e l u [ A d programs, on students with disabilities;

and (7) a common set of performance targets and HB 5/a Page 17 performance measures, as determined by the department in consultation with the department of finance and administration, the legislative finance committee and the legislative education study committee.

h [D.] F.

If a local school board or governing board g o t hr of a charter school fails to submit [a] an operating budget g e i k pursuant to this section, the department shall prepare the h r i s operating budget for the school district or charter school for h , t, the ensuing fiscal year.

A local school board or governing e u g e b l e e h board of a charter school shall be considered as failing to n d d i = = o h submit [a] an operating budget pursuant to this section if the l ] b ,d i a º e budget submitted exceeds the total projected resources of the rschool idistrict =or rcharter tschool eor wif dthe mbudget asubmitted ndoes onot schoolcomply districtwith orthe charterlaw school or ifwith therules budgetand submittedprocedures dof mthe :department." SECTION 9.

b e d s º o t n = .212362.1 s k m e - 18 - e a n e d r e l u [ A d does not comply with the law or with rules and procedures of the department." SECTION 9.

Thereafter, the operating budget shall be submitted to the [publicHB education]5/a Page 18 commission for review.

The approval or amendment authority h of the local school board relative to the charter school g o t hr operating budget is limited to ensuring that sound fiscal g e i k practices are followed in the development of the operating h r i s budget and that the charter school operating budget is within h , t, the allotted resources.

The local school board shall have no e u g e b l e e h veto authority over individual line items within the charter n d d i = = o h school's proposed financial budget or over any item in the l ] b ,d i a º e educational plan, but shall approve or disapprove the operating r i = r t e w d m a n o budget in its entirety.

Upon final approval of the [local]charter dschool moperating :budget by the local school board, the individual charter school operating budget shall be included separately in the budget submission to the department required pursuant to the Public School Finance Act and the Charter Schools Act.

b e d s º o t n = .212362.1 s k m e - 19 - e a n e d r e l u [ A d charter school operating budget by the local school board, the individual charter school operating budget shall be included separately in the budget submission to the department required pursuant to the Public School Finance Act and the Charter Schools Act.

For its first year of operation, a charter school's operating budget shall be based on the projected number of program units generated by the school and its students using the at-risk index and the staffing cost multiplier of the school district in which the charter school is located, and the charter school's operating budget shall be adjusted using the qualified MEM on the first reporting date HB 5/a Page 19 of the current school year.

For its second and subsequent fiscal years of operation, a charter school's operating budget shall be based on the number of program units generated by the charter school and its students using the average of the MEM on the second and third reporting h dates of the prior year, the at-risk index of the school g o t hr district in which the charter school is located and the charter g e i k school's staffing cost multiplier.multiplier." SECTION 10.

HECº”»HEC h r i s HECºD.

For fiscal year 2020, maximum MEM in each h , t, charter school shall be determined by the department.

The e u g e b l e e h department shall ensure that aggregate MEM for all charter n d d i = = o h schools does not exceed twenty-seven thousand.

Prior to the l ] b ,d i a º e deadline for the submission of a charter school's operating r i = r t e w d m a n o budget, the department shall notify each charter school of the d m :

b e d s º o t n = .212362.1 s k m e - 20 - e a n e d r e l u [ A d maximum MEM that will be used to calculate the charter school's program cost.

When considering increases or decreases to a charter school's maximum MEM, the department shall prioritize increases to charter schools with a demonstrated track record of success in meeting the academic and development needs of students and meeting performance targets pursuant to Paragraph (7) of Subsection E of Section 22-8-6 NMSA 1978.

When allocating maximum MEM in each charter school, the department shall ensure that aggregate charter school MEM in a school district with fewer than one thousand three hundred MEM does not exceed ten percent of the total MEM in the school district."»HEC SECTION 10.

[A] An operating budget for a school district h g shall not be approved by the department [that ] if the o t hr educational plan does not provide for:

g e i k (1) a school year and school day as provided h r i s h in Section 22-2-8.1 NMSA 1978;

and , t, e u g (2) a pupil-teacher ratio or class or teaching e b l e e h load as provided in Section 22-10A-20 NMSA 1978.

n d d i = = o h B.

The department shall, by rule, establish the l ] b ,d i a º e r i = r requirements for an instructional day, the standards for an t e w d m a n o instructional hour and the standards for a full-time teacher and dfor mthe :equivalent thereof." SECTION 11.

b e d s º o t n = .212362.1 s k m e - 21 - e a n e d r e l u [ A d for the equivalent thereof." SECTION 11.

BUDGETS--FIXING THE OPERATING BUDGET.-- HB 5/a Page 20 A.

Prior to June 20 of each year, each local school board and each governing board of a charter school shall, at a public hearing of which notice has been published by the local school board or governing board of a charter schoolschool, , fix the operating budget for the school district or charter school for the ensuing fiscal year.

At the discretion of the [state superintendent] secretary or the local school board or governing body of a charter school, the department may participate in the public hearing.

Prior to the public hearing held to fix the operating budget for the school district or charter schoolschool, , the local school board or governing body of a charter school shall h give notice to parents explaining the budget process and g o t hr inviting parental involvement and input in that process prior to g e i k the date for the public hearing.

The educational plan submitted h r i s by the local school board or the governing body of a charter h , t, school to the department shall include information on parental e u g e b l e e h involvement and input." n d d i = = o h SECTION 12.

Section 22-8-11 NMSA 1978 (being Laws 1967, l ] b ,d i a º e Chapter 16, Section 66, as amended) is amended to read:

r i = r t e w d m a n o "22-8-11.

BUDGETS--APPROVAL OF OPERATING BUDGET.-- dA. m :

b e d s º o t n = .212362.1 s k m e - 22 - e a n e d r e l u [ A d A.

(1) on or before July 1 of each year, approve and certify to each local school board and governing body of a charter school an operating budget for use by the HB 5/a Page 21 school district or charter school;

[(2)] (3) make corrections, revisions and amendments to the operating budgets fixed by the local school boards or governing bodies of charter schools and the secretary to conform the operating budgets to the requirements of law and to the department's rules and procedures;

and h [(3) ] (4) ensure that a local school board or g o t hr [for a charter school the ] governing body of [the] a charter g e i k school is prioritizing resources [of a public school rated D or h r i s F] toward proven programs and methods that are linked to h , t, improved student achievementachievement. [until the public school earns a e u g e b l e e h grade of C or better for two consecutive years].

n d d i = = o h B.

No school district or charter school or officer l ] b ,d i a º e or employee of a school district or charter school shall make rany iexpenditure =or rincur tany eobligation wfor dthe mexpenditure aof npublic ofunds anyunless that expenditure or incurobligation anyis obligationmade forin theaccordance expenditurewith ofan doperating mbudget :approved by the department.

b e d s º o t n = .212362.1 s k m e - 23 - e a n e d r e l u [ A d public funds unless that expenditure or obligation is made in accordance with an operating budget approved by the department.

The department shall not approve and certify an operating budget of any school district or charter school that HB 5/a Page 22 fails to demonstrate that parental involvement in the budget process was solicited.

h "22-8-18.

PROGRAM COST CALCULATION--LOCAL u » r RESPONSIBILITY.-- t h g e l i A.

[ForThe fiscal year 2019, the total program units h r i s for the purpose of computing the program cost shall be h , e h calculated by multiplying the sum of the program units itemized t u g e b l e e , gh as Paragraphs (1) throughand (6)(2) in this subsection by the staffing n d d i = = o h cost multiplier and adding the program units itemized as l ] b ,d i a º r Paragraphs (7)(3) through (14)(16) in this subsection.

For fiscal year e r = t e w d m a n o 2020 and subsequent fiscal years] The total program units for d m :

b r e t º o t n = .212362.1 s k m e - 24 - e a n e d r e l u [ A d the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through [(14) ] (16) in this subsection.

HB 5/a Page 23 (4) bilingual multicultural education;

(8) at-riskat-risk; [program ];

h (9) enrollment growth or new district g o t hr adjustment;

g e i k (10) special education units derived from h r i s membership in class D special education programs in private, h , t, nonsectarian, nonprofit training centers;

e u g e b l e e h (11) national board for professional teaching n d d i = = o h standards certification;

l ] b ,d i a º e (12) home school studentstudent; [program unit ];

r i = r t e w d m a n o (13) home school student activities;

[and(14) ]charter dschool mstudent :activities;

b e d s º o t n = .212362.1 s k m e - 25 - e a n e d r e l u [ A d (14) charter school student activities;

It is the responsibility of the local school board or [for a charter school the] governing body of [the] a charter school to determine its priorities in terms of the needs of the community served by that board.

Except as otherwise provided in this section, HB 5/a Page 24 funds generated under the Public School Finance Act are discretionary to local school boards and governing bodies of charter schools;

and provided further that [if a public school has been rated D or F for two consecutive h years] the department shall ensure that the local school board u » r or [for a charter school, the ] governing body of [the] a charter t h g e l i school is prioritizing resources for the public school toward h r i s proven programs and methods linked to improved student hachievement." , e h achievement [until the public school earns a C or better for two t u g e b l e e , gh consecutive years]." n d d i = = o h SECTION 14.

Section 22-8-23 NMSA 1978 (being Laws 1975, l ] b ,d i a º r Chapter 119, Section 1, as amended) is amended to read:

e r = t e w d m a n o "22-8-23.

SIZE ADJUSTMENT PROGRAM UNITS.-- dA. m :

bAn rapproved epublic tschool, ºincluding oa tcharter nschool, =with .212362.1a sMEM kof mfewer ethan -four 26hundred, -including eearly childhood education full-time-equivalent MEM but excluding membership in class C and class D programs and excluding full- time-equivalent membership in three- and four-year-old developmentally disabled programs, that is geographically located in a nschool edistrict dwith rfewer ethan ltwo uthousand [MEM, Ais deligible A.for additional program units.

An approved public school, including a charter school, with a MEM of [less] fewer than [400] four hundred, including early childhood education full-time-equivalent MEM but excluding membership in class C and class D programs and excluding full-time-equivalent membership in three- and four- year-old developmentally disabled programs, that is geographically located in a school district with fewer than two thousand MEM, is eligible for additional 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 HB 5/a Page 25 units and senior high units computed in the following manner:

h Elementary-Junior High Units u » r 200 - MEM t h g e l i _________ x 1.0 x MEM = Units h r i s 200 h , e h where MEM is equal to the membership of an approved elementary t u g e b l e e , gh or junior high school, including early childhood education full-full-time-equivalent n d d i = = o h time-equivalent membership but excluding membership in class C l ] b ,d i a º r and class D programs and excluding full-time-equivalentfull-time- eequivalent r = t e w d m a n o membership in three- and four-year-old developmentally disabled dprograms; m :

bSenior rHigh eUnits t200 º- oMEM t_________ nx 2.0 x MEM = .212362.1Units s200 kor, mSenior eHigh -Units 27400 - eMEM a_________ nx e1.6 dx rMEM e= lUnits uwhichever [calculation Afor dsenior programs;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.

Senior High Units - MEM _________ x 2.0 x MEM = Units or, Senior High Units - MEM _________ x 1.6 x MEM = Units 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- HB 5/a Page 26 time-equivalent MEM but excluding MEM in class C and class D h programs and excluding full-time-equivalent MEM in three- and u » r four-year-old developmentally disabled programs, geographically t h g e l i located in a school district with two thousand MEM or more is h r i s eligible for additional program units computed in the following h , e h manner:

t u g e b l e e , gh (1) for fiscal year 2020, Hflºsixty-six»Hfleighty n d d i = = o h Hflºeighty»Hfl percent of the sum of elementary-junior high l ] b ,d i a º r units and senior high units as prescribed in Subsection A of e r = t e w d m a n o this section;

d(2) mfor :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;

b(3) r e t º o t n = .212362.1 s k m e - 28 - e a n e d r e l u [ A d (2) for fiscal year 2021,2022, Hflºthirty-forty three»Hfl Hflºsixty»Hfl percent of the sum of elementary-elementary-junior junior high units and senior high units as prescribed in Subsection A of this section;

Hflºand»Hfl Hflº(3) for fiscal year 2022, forty percent of the sum of elementary-junior high units and senior high units as prescribed in Subsection A of this section;

and»Hfland Hflº(3)(5) (5)»Hfl for fiscal year Hflº2022»Hfl2024 Hflº2024»Hfl and subsequent fiscal years, no elementary-junior high units and senior high units as prescribed in Subsection A of this section.

[B.] C.

A school district with total MEM of [less] fewer than [4,000] four thousand, including early childhood h education full-time-equivalentfull-time- equivalent MEM, is eligible for additional u » r t h program units.

The number of additional program units to which ga eschool ldistrict iHB a5/a schoolPage district27 is entitled under this subsection is the h r i s number of district units computed in the following manner:

h , e h t u g District Units e b l e e , gh 4,000 - MEM n d d i = = o h ___________ x 0.15 x MEM = Units l ] b ,d i a º r e r = 4,000 t e w d m a n o where MEM is equal to the total district membership, dincluding mearly :childhood education full-time-equivalent membership.

bD. r e t º o t n = .212362.1 s k m e - 29 - e a n e d r e l u [ A d including early childhood education full-time-equivalent membership.

[C.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- 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.

A school district with over 10,000 MEM with a ratio of MEM to senior high schools less than 4,000:1 is eligible for additional program units based on the number of approved regular senior high schools that are not eligible for senior high units under Subsection A of this section.

The number of additional program units to which an eligible school district is entitled under this subsection is the number of units computed in the following manner:

4,000 - MEM ___________ x 0.50 = Units Senior High Schools where MEM is equal to the total district membership, including early childhood education full-time-equivalent membership, and where senior high schools are equal to the number of approved h regular senior high schools in the school district.] u » r D.

A school district, as defined in Subsection R of t h g e l i Section 22-1-2 NMSA 1978, with a MEM of [less ] fewer than [200] h r i s two hundred , including early childhood education full-time- h , e h equivalent MEM, is eligible for additional program units t u g e b l e e , gh [provided that ] if the department certifies that the school n d d i = = o h district has implemented practices to reduce scale l ] b ,d i a º r inefficiencies, including shared service agreements with e r = t e w d m a n o regional education cooperatives or other school districts for d m :

b r e t º o t n = .212362.1 s k m e - 30 - e a n e d r e l u [ A d noninstructional functions and distance education.

200 - MEM = Units where MEM is equal to the total district MEM, including early childhood education full-time-equivalent MEM.

A school district with a rural population rate HB 5/a Page 28 greater than forty percent or a charter school initially chartered before July 1, 2018 and geographically located in a school district with a rural population rate greater than forty percent is eligible for additional program units.

The number of additional program units to which a school district or charter school is entitled pursuant to this subsection is determined by multiplying the full-time-equivalent MEM by the rural population rate and the cost differential factor of HflºHAFCº0.03330.03 h 0.05»HAFC»Hfl HflºHflº0.0333»Hfl »Hfl Hflº0.03»Hfl for u » r fiscal year 2020, HflºHAFCº0.06670.06 0.1»HAFC»Hfl t h g e l i HflºHflº0.0667»Hfl»Hfl Hflº0.06»Hfl for fiscal year 20212021, h0.09 r i s Hflºand ,»Hfl HflºHAFCº0.1 0.15»HAFC»Hfl h , e h HflºHflº0.1»Hfl»Hfl Hflº0.09»Hfl for fiscal year 20222022, Hflº, t u g e b l e e , gh 0.12 for fiscal year 2023 and 0.15 for fiscal year 2024»Hfl2024 and n d d i = = o h subsequent fiscal years." l ] b ,d i a º r SECTION 15.

Section 22-8-23.3 NMSA 1978 (being Laws 1997, e r = t e w d m a n o Chapter 40, Section 7, as amended) is amended to read:

d"22-8-23.3. m :

b r e t º o t n = .212362.1 s k m e - 31 - e a n e d r e l u [ A d "22-8-23.3.

For purposes of this section, "at-risk"at- risk student" means a student who meets the criteria to be HB 5/a Page 29 included in the calculation of the three-year average total rate in Subsection B of this section.

h At-Risk Index x MEM = Units g o t hr where MEM is equal to the total district membership, including g e i k early childhood education, full-time-equivalent membership and h r i s special education membership and where the at-risk index is h , t, calculated in the following manner:

e u g e b l e e h [(1) for fiscal year 2019, n d d i = = o h Three-Year Average Total Rate x 0.1300.25 = At-Risk Index;Index.

l ] b ,d i a º e (2) for fiscal year 2020, r i = r t e w d m a n o Three-Year Average Total Rate x 0.140 = At-Risk Index;

and d m :

b e d s º o t n = .212362.1 s k m e - 32 - e a n e d r e l u [ A d (3) for fiscal year 2021 and subsequent fiscal years] Three-Year Average Total Rate x [0.150] 0.25 = At-Risk Index.

To calculate the three-year average total rate, the department shall compute a three-year average of the school district's percentage of membership used to determine its Title [I ] 1 allocation, a three-year average of the percentage of membership classified as English language learners using criteria established by the [federal ] office [of] for civil rights of the United States department of education and a three-three-year year average of the percentage of student mobility.

The department shall recalculate the at-risk h index for each school district every year.

HECºD. "»HEC g o t hr HECºD.

For purposes of this section, "services" means g e i k research-based or evidence-based social, emotional or academic h r i s interventions, such as:

hHB ,5/a t,Page e30 u g (1) case management, tutoring, reading e b l e e h interventions and after-school programs that are delivered by n d d i = = o h social workers, counselors, teachers or other professional l ] b ,d i a º e r i = r staff;

t(2) eculturally wrelevant dprofessional mand acurriculum ndevelopment, oincluding (2)those culturallynecessary relevantto professionalsupport andlanguage dacquisition, mbilingual :and multicultural education;

b e d s º o t n = .212362.1 s k m e - 33 - e a n e d r e l u [ A d curriculum development, including those necessary to support language acquisition, bilingual and multicultural education;

and (6) services to engage and support parents and families in the education of students."»HECstudents." SECTION 16.

"[NEW"EXTENDED MATERIAL ] EXTENDED LEARNING TIME PROGRAM.-- h g A.

A school district or charter school is eligible o t hr for additional program units if it establishes within its g e i k department-approved educational plan an extended learning time h r i s h program that meets the requirements of Subsection B, C or D of ,HB t,5/a ePage u31 g this section.

e b l e e h B.

n d d i = = o h (1) a minimum of one hundred ninety l ] b ,d i a º e r i = r instructional days per school year, with at least five and one-one-half tinstructional ehours wper dinstructional mday afor nkindergarten othrough halfsixth grade and at least six instructional hours per instructional day for kindergartenseventh dthrough mtwelfth :grade;

b e d s º o t n = .212362.1 s k m e - 34 - e a n e d r e l u [ A d through sixth grade and at least six instructional hours per day for seventh through twelfth grade;

An extended learning time program in a school district operating a four-day school week in fiscal year 2019 or in a school district with fewer than one thousand MEM operating a four-day school week HAFCºshall may shall»HAFC include:

(1) a minimum of one hundred sixty instructional days per school year with at least six and one- half hours per instructional day for kindergarten through sixth grade and at least seven instructional hours per instructional h day for seventh through twelfth grade;

u » r (2) after-school program opportunities for t h g e l i academic learning or extracurricular enrichment to students thatHB h5/a rPage i32 sthat do not supplant federally funded programs;

and h , e h (3) a minimum of eighty noninstructional hours t u g e b l e e , gh per school year for professional development for instructional n d d i = = o h staff.

l ] b ,d i a º r D.

With department approval, an elementary school ethat rhas =an textended elearning wtime dprogram mthat aqualifies nfor oextended learning time program units pursuant to Subsection B or C of this section that also has ana extendedqualifying learningK-5 timeplus program thatpursuant qualifiesto forthe dK-5 mPlus :Act may structure the school year to provide the additional instructional time required pursuant to the applicable subsection of this section by extending existing instructional days.

bE. r e t º o t n = .212362.1 s k m e - 35 - e a n e d r e l u [ A d extended learning time program units pursuant to Subsection B or C of this section that also has a qualifying K-5 plus program pursuant to the K-5 Plus Act may structure the school year to provide the additional instructional time required pursuant to the applicable subsection of this section by extending existing instructional days.

HAFCºE.The number of additional units to which a school district or charter school is entitled under this section is computed in the following manner:

The department shall establish standard requirements for school districts and charter schools to generate program units for after-school extended learning time, including standards, MEM calculationsx and0.11." hourlySECTION requirements17. for programs.»HAFC HAFCºF.

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

HAFCº(1) for fiscal year 2020, (MEM x 0.04) + (MEM in after-school extended learning time h programs x 0.01);

u » r (2) for fiscal year 2021, t h g e l i (MEM x 0.06) + (MEM in after-school extended learning time h r i s programs x 0.06);

and h , e h t u g (3) for fiscal year 2022 and subsequent fiscal e b l e e , gh years, n d d i = = o h (MEM x 0.08) + (MEM in after-school extended learning time l ] b ,d i a º r e r = programs x 0.11)." MEM x 0.11»HAFC t e w d m a n o SECTION 17.

A new section of the Public School Finance d m :

b r e t º o t n = .212362.1 s k m e - 36 - e a n e d r e l u [ A d Act is enacted to read:

"[NEW MATERIAL ] K-5 PLUS PROGRAM UNITS.--The number of K-5 plus program units is determined by multiplying the MEM in department-approved K-5 plus programs by the cost differential factor of 0.3.

For each reporting date, MEM in K-5 plus programs shall be equal to the number of qualified students HAFCºenrolled in an elementary school participating in the K-5 plus program." on a date specified by department rule.”»HAFC SECTION 18.

"[NEW"K-5 MATERIAL]PLUS NEW PROGRAM FUNDING.--ForUNITS.--The thenumber first year of programs operating pursuant to the K-5 Plusplus Act,program theunits Bilingualis Multiculturaldetermined Educationby Act,multiplying the FineMEM Artsin Educationdepartment-approved ActK-5 orplus forprograms extendedby learningthe timecost programs,differential afactor schoolof district0.3. or charter school shall generate the applicable program units.

AFor schooleach district'sreporting ordate, charterMEM school'sin budgetK-5 plus programs shall be basedequal onto h the projected number of program units for the program's first u » r year of operation and shall be adjusted using the qualified MEMstudents t h g e l i on thea first reporting date ofspecified theby currentdepartment schoolrule." year." h r i s SECTION 19.18.

A new section of the Public School Finance hHB ,5/a ePage h33 Act is enacted to read:

t"NEW uPROGRAM gFUNDING.--For ethe bfirst lyear eof eprograms ,operating ghpursuant "[NEWto MATERIALthe ]K-5 PUBLICPlus EDUCATIONAct, REFORMthe FUNDBilingual CREATED.--Multicultural nEducation dAct, dthe iFine =Arts =Education oAct hor A.for extended learning time programs, a school district or charter school shall generate the applicable program units.

TheA "publicschool educationdistrict's reformor fund"charter isschool's createdbudget asshall lbe ]based bon ,dthe iprojected anumber ºof rprogram aunits nonrevertingfor fundthe inprogram's thefirst stateyear treasuryof operation and consistsshall ofbe eadjusted rusing =the tqualified eMEM won dthe mfirst areporting ndate oof appropriations;the current school year." SECTION 19.

unspecifiedA gifts,new grantssection andof donationsthe toPublic theSchool dFinance mAct :is enacted to read:

b"PUBLIC rEDUCATION eREFORM tFUND ºCREATED.-- oA. t n = .212362.1 s k m e - 37 - e a n e d r e l u [ A d fund;

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;

Subject to legislative appropriation, money in the fund is appropriated to the department for the purposes of implementing evidence-based public education initiatives related to high-quality teaching and school leadership, extended learning opportunities for students, educational interventions for at-risk students, effective and efficient school administration or promoting public education accountability." HB 5/a Page 34 SECTION 20.

h B.

No later than the second Tuesday of January of u » r the year in which an application will be filed, the organizers t h g e l i of a proposed charter school shall provide written notification h r i s to the commission and the school district in which the charter h , e h school is proposed to be located of their intent to establish a t u g e b l e e , gh charter school.

Failure to notify may result in an application n d d i = = o h not being accepted.

l ] b ,d i a º r C.

A charter school applicant shall apply to either e r = t e w d m a n o a local school board or the commission for a charter.

If an dapplication mis :submitted to a chartering authority, the chartering authority shall process the application.

b r e t º o t n = .212362.1 s k m e - 38 - e a n e d r e l u [ A d application is submitted to a chartering authority, [it must] the chartering authority shall process the application.

An application shall include the total number of grades the charter school proposes to provide, either HB 5/a Page 35 immediately or phased.

No later than June 15, each local school board and the commission shall notify h the department as to the number of students each charter school u » r applicant proposes to serve in each year.

t h g e l i [E.] F.

An application shall include a detailed h r i s description of the charter school's projected facility needs, h , e h including projected requests for capital outlay assistance that t u g e b l e e , gh have been approved by the director of the public school n d d i = = o h facilities authority or the director's designee.

The director l ] b ,d i a º r shall respond to a written request for review from a charter e r = t e w d m a n o applicant within forty-five days of the request.

dG. m :

b r e t º o t n = .212362.1 s k m e - 39 - e a n e d r e l u [ A d [F.] G.

[G.] H.

An initial application for a charter school shall not be made after June 30, 2007 if the proposed charter HB 5/a Page 36 school's proposed enrollment for all grades or the proposed charter school's proposed enrollment for all grades in combination with any other charter school's enrollment for all grades would equal or exceed ten percent of the total MEM of the school district in which the charter school will be geographically located and that school district has a total enrollment of not more than one thousand three hundred students.

[H.] I.

A state-chartered charter school shall not h be approved for operation unless its governing body has g o t hr qualified to be a board of finance.

g e i k [I.] J.

The chartering authority shall receive and h r i s review all applications for charter schools submitted to it.

h , t, The chartering authority shall not charge application fees.

e u g e b l e e h [J.] K.

The chartering authority shall hold at least n d d i = = o h one public hearing in the school district in which the charter l ] b ,d i a º e school is proposed to be located to obtain information and r i = r t e w d m a n o community input to assist it in its decision whether to grant a dcharter mschool :application.

b e d s º o t n = .212362.1 s k m e - 40 - e a n e d r e l u [ A d charter school application.

Community input may include written or oral comments in favor of or in opposition to the application from the applicant, the local community and, for state-charteredstate- HB 5/a Page 37 chartered charter schools, the local school board and school district in whose geographical boundaries the charter school is proposed to be located.

[K.] L.

provided, however, that prior to ruling on the application for which a designated subcommittee was used, any member of the chartering authority who was not present at the public hearing shall receive the transcript of the public hearing together with h documents submitted for the public hearing.

If not ruled upon u » r by that date, the charter application shall be automatically t h g e l i reviewed by the secretary in accordance with the provisions of h r i s Section 22-8B-7 NMSA 1978.

The charter school applicant and the h , e h chartering authority may, however, jointly waive the deadlines t u g e b l e e , gh set forth in this section.

n d d i = = o h [L.] M.

A chartering authority may approve, approve l ] b ,d i a º r with conditions or deny an application.

A chartering authority e r = t e w d m a n o may deny an application if:

d(1) mthe :application is incomplete or inadequate;

b r e t º o t n = .212362.1 s k m e - 41 - e a n e d r e l u [ A d (1) the application is incomplete or inadequate;

(3) the proposed head administrator or other HB 5/a Page 38 administrative or fiscal staff was involved with another charter school whose charter was denied or revoked for fiscal mismanagement or the proposed head administrator or other administrative or fiscal staff was discharged from a public school for fiscal mismanagement;

or (5) the application is otherwise contrary to h the best interests of the charter school's projected students, u » r the local community or the school district in whose geographic t h g e l i boundaries the charter school applies to operate.

h r i s [M.] N.

If the chartering authority denies a charter h , e h school application or approves the application with conditions, t u g e b l e e , gh it shall state its reasons for the denial or conditions in n d d i = = o h writing within fourteen days of the meeting.

If the chartering l ] b ,d i a º r authority grants a charter, the approved charter shall be e r = t e w d m a n o provided to the applicant together with any imposed conditions.

dO. m :

b r e t º o t n = .212362.1 s k m e - 42 - e a n e d r e l u [ A d [N.] O.

Section 22-10A-7 NMSA 1978 (being Laws HB 5/a Page 39 2003, Chapter 153, Section 38, as amended) is amended to read:

At the end of each year and h at the end of the license period, the level one teacher shall be g o t hr evaluated for competency.

If the teacher fails to demonstrate g e i k satisfactory progress and competence annually, the teacher may h r i s be terminated as provided in Section 22-10A-24 NMSA 1978.

If h , t, the teacher has not demonstrated satisfactory progress and e u g e b l e e h competence by the end of the five-year period, the teacher shall n d d i = = o h not be granted a level two license.

l ] b ,d i a º e C.

Except in exigent circumstances defined by r i = r t e w d m a n o department rule, a level one license shall not be extended dbeyond mthe :initial period.

b e d s º o t n = .212362.1 s k m e - 43 - e a n e d r e l u [ A d beyond the initial period.

HB 5/a Page 40 (1) holds a baccalaureate degree from an accredited educational institution;

The department shall issue an alternative level h one license to an applicant who meets the requirements of u » r Section 22-10A-8 NMSA 1978.

t h g e l i F.

The department shall establish competencies and h r i s qualifications for specific grade levels, types and subject h , e h areas of level one licensure, including early childhood, t u g e b l e e , gh elementary, middle school, secondary, special and vocational n d d i = = o h education.

l ] b ,d i a º r G.

[WithThe theminimum adoptionsalary byfor thea departmentlevel ofone ateacher highlyis eprovided rthat =teachers tin ean wextended dlearning mtime aprogram nor oK-5 objectiveplus uniformprogram statewideshall standardreceive ofadditional evaluationsalary at the same rate as their base salary for levelthat oneteaching dtime." mSECTION :22.

bSection r22-10A-10 eNMSA t1978 º(being oLaws tHB n5/a =Page .212362.141 s2003, kChapter m153, eSection -41, 44as -amended) e a n e d r e l u [ A d teachers] The minimum salary for a level one teacher [shall be thirty-six thousand dollars ($36,000)] SFCºHECºfor a standard nine and one-half month contract»HEC»SFC is SFCº:»SFCamended SFCºHECº(1)to fortyread: thousand dollars ($40,000) for a standard nine and one-half month contract;

(2) forty-two thousand two hundred dollars ($42,200) for a teacher in an extended learning time program;

and (3) forty-five thousand six hundred dollars ($45,600) for a teacher in a K-5 plus program."»HEC HECº(1) forty thousand dollars ($40,000) for fiscal year 2020;

(2) forty-two thousand dollars ($42,000) for fiscal year 2021;

(3) forty-four thousand dollars ($44,000) for fiscal year 2022;

and h (4) forty-six thousand dollars ($46,000) for u » r t h fiscal year 2023 and subsequent fiscal years.

g e l i H.

Teachers in an extended learning program or K-5 h r i s plus program shall receive additional salary at the same rate as h , e h t u g their base salary for that teaching time."»HEC»SFC e b l e e , gh SFCº(1) forty thousand dollars ($40,000) for a n d d i = = o h standard nine and one-half month contract;

provided l ] b ,d i a º r e r = that teachers in an extended learning time program or t e w d m a n o d m :

b r e t º o t n = .212362.1 s k m e - 45 - e a n e d r e l u [ A d K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time." (2) forty-two thousand two hundred dollars ($42,200) for a teacher in an extended learning time program;

and (3) forty-five thousand six hundred dollars ($45,600) for a teacher in a K-5 plus program."»SFC SECTION 22.

Section 22-10A-10 NMSA 1978 (being Laws 2003, Chapter 153, Section 41, as amended) is amended to read:

If a level two teacher does not demonstrate essential competency in a given school year, the school district shall provide the h teacher with additional professional development and peer u » r intervention during the following school year.

If by the end of t h g e l i that school year the teacher fails to demonstrate essential h r i s competency, a school district may choose not to contract with h , e h the teacher to teach in the classroom.

t u g e b l e e , gh B.

The department shall issue a level two license to n d d i = = o h an applicant who successfully completes the level one license or l ] b ,d i a º r is granted reciprocity as provided by department rules;

edemonstrates ressential =competency trequired eby wthe ddepartment mas averified nby othe demonstrateslocal essentialsuperintendent competencythrough requiredthe byhighly theobjective departmentuniform asstatewide dstandard mof :evaluation;

b r e t º o t n = .212362.1 s k m e - 46 - e a n e d r e l u [ A d verified by the local superintendent through the highly objective uniform statewide standard of evaluation;

[With the adoption by the department of the statewide objective performance evaluation for level two teachers] The minimum salary for a level two teacher [foris aprovided standardthat nineteachers andin one-halfan monthextended contractlearning shalltime beprogram forty-fouror thousandHB dollars5/a ($44,000)]Page SFCºHECºfor42 aK-5 standardplus nineprogram andshall one-halfreceive monthadditional contract»HEC»SFCsalary isat SFCº:»SFCthe SFCºHECº(1)same fiftyrate thousandas dollarstheir ($50,000)base salary for athat standardteaching ninetime." andSECTION one-half23. month contract;

(2)Section fifty-two22-10A-11 thousandNMSA eight1978 hundred(being dollarsLaws h2003, ($52,800)Chapter for153, aSection teacher42, inas anamended) extendedis learningamended timeto program;read:

u"22-10A-11. » r and t h g e l i (3) fifty-six thousand nine hundred dollars h r i s ($56,900) for a teacher in a K-5 plus program."»HEC h , e h HECº(1) fifty thousand dollars ($50,000) for t u g e b l e e , gh fiscal year 2020;

nLEVEL dTHREE dLICENSURE--TRACKS iFOR =TEACHERS.-- =A. o h (2) fifty-two thousand dollars ($52,000) for l ] b ,d i a º r e r = fiscal year 2021;

tA elevel wthree-A dlicense mis a nnine-year olicense (3)granted fifty-fourto thousanda dollarsteacher ($54,000)who meets the qualifications for dthat mlevel :and who annually demonstrates instructional leader competencies.

bIf ra elevel tthree-A ºteacher odoes tnot ndemonstrate =essential .212362.1competency sin ka mgiven eschool -year, 47the -school edistrict ashall nprovide ethe dteacher rwith eadditional lprofessional udevelopment [and Apeer dintervention fiscalduring yearthe 2022;following school year.

and (4) fifty-six thousand dollars ($56,000) for fiscal year 2023 and subsequent fiscal years.

E.

Teachers in an extended learning program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time."»HEC»SFC SFCº(1) fifty thousand dollars ($50,000) for a standard nine and one-half month contract;

provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time." (2) fifty-two thousand eight hundred dollars ($52,800) for a teacher in an extended learning time program;

and (3) fifty-six thousand nine hundred dollars ($56,900) for a teacher in a K-5 plus program."»SFC h SECTION 23.

Section 22-10A-11 NMSA 1978 (being Laws 2003, u » r t h Chapter 153, Section 42, as amended) is amended to read:

g e l i "22-10A-11.

LEVEL THREE LICENSURE--TRACKS FOR TEACHERS.-- h r i s A.

A level three-A license is a nine-year license h , e h t u g granted to a teacher who meets the qualifications for that level e b l e e , gh and who annually demonstrates instructional leader competencies.

n d d i = = o h If a level three-A teacher does not demonstrate essential l ] b ,d i a º r e r = competency in a given school year, the school district shall t e w d m a n o provide the teacher with additional professional development and d m :

b r e t º o t n = .212362.1 s k m e - 48 - e a n e d r e l u [ A d peer intervention during the following school year.

and meets other qualifications for the HB 5/a Page 43 license.

[With the adoption by the department of a highly objective uniform statewide standard of evaluation for level three-A teachers] The minimum salary for a level three-A teacher his [forprovided athat standardteachers ninein andan one-halfextended monthlearning contracttime shallprogram beor fifty-K-5 uplus »program rshall fourreceive thousandadditional dollarssalary ($54,000)]at SFCºHECºforthe asame standardrate nineas ttheir hbase gsalary e l i and one-half month contract»HEC»SFC is SFCº:»SFC h r i s SFCºHECº(1) sixty thousand dollars ($60,000) h , e h for athat standardteaching ninetime. and one-half month contract;

t u g e b l e e , gh (2) sixty-three thousand three hundred dollars n d d i = = o h ($63,300) for a teacher in an extended learning time program;

l ] b ,d i a º r and e r = t e w d m a n o (3) sixty-eight thousand three hundred dollars d m :

b r e t º o t n = .212362.1 s k m e - 49 - e a n e d r e l u [ A d ($68,300) for a teacher in a K-5 plus program.»HEC HECº(1) sixty thousand dollars ($60,000) for fiscal year 2020;

(2) sixty-two thousand dollars ($62,000) for fiscal year 2021;

(3) sixty-four thousand dollars ($64,000) for fiscal year 2022;

and (4) sixty-six thousand dollars ($66,000) for fiscal year 2023 and subsequent fiscal years.

TeachersThe inminimum ansalary extendedfor learninga programcounselor orwho K-5holds plusa programlevel shallthree receiveor additionalthree-A salarylicense atas provided in the sameSchool ratePersonnel asAct theirand baserules salarypromulgated forby thatthe teachingdepartment time.»HEC»SFCshall SFCº(1)be sixtythe thousandsame dollarsas ($60,000)provided for alevel standardthree-A nineteachers andpursuant one-halfto monthSubsection contract;C of this section." SECTION 24.

provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as h their base salary for that teaching time.

u » r t h (2) sixty-three thousand three hundred dollars g e l i ($63,300) for a teacher in an extended learning time program;

h r i s and h , e h t u g (3) sixty-eight thousand three hundred dollars e b l e e , gh ($68,300) for a teacher in a K-5 plus program.»SFC n d d i = = o h l ] b ,d SFCºHECºD E»HEC D.»SFC The minimum salary for a i a º r e r = counselor who holds a level three or three-A license as provided t e w d m a n o d m :

b r e t º o t n = .212362.1 s k m e - 50 - e a n e d r e l u [ A d in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection C of this section." SECTION 24.

h (2) holds a current level two or level three g o t hr teacher's license;

and gHB e5/a iPage k44 (3) holds a post-baccalaureate degree or h r i s national board for professional teaching standards h , t, certification.

e u g e b l e e h C.

The minimum annual salary for a licensed school n d d i = = o h principal or assistant school principal [shall be fifty thousand l ] b ,d i a º e dollars ($50,000)] is the minimum salary for a level three-A r i = r t e w d m a n o teacher SFCºatmultiplied theby public school in which the schoolapplicable principalresponsibility dfactor. m :

b e d s º o t n = .212362.1 s k m e - 51 - e a n e d r e l u [ A d or assistant school principal is employed»SFC multiplied by the applicable responsibility factor.

TEMPORARY PROVISION--FUND TRANSFER.--Any unexpended or unencumbered balances remaining in the K-3 plus fund on HflºJune July 1, 2020»Hfl HflºJune 30, 2019»Hfl2019 shall be h transferred to the state-support reserve fund Hflºandand up to u » r three million dollars ($3,000,000) shall be transferred to the t h g e l i public education department to implement Section 26 of this 2019 h r i s act in fiscal year 2020»Hfl.2020.

hHB ,5/a ePage h45 HflºSECTIONSECTION 26.

TEMPORARY PROVISION--PROTECTION FROM t u g e b l e e , gh PROGRAM COST REDUCTIONS.--Using funds provided in Section 25 of n d d i = = o h this 2019 act for fiscal year 2020, the public education l ] b ,d i a º r department shall supplement a school district's or charter eschool's rcalculated =program tcost eif wfor dfiscal myear a2020 nthe oschool district's or charter school's calculatedprogram cost is less than its final program cost ifin forthe previous fiscal year 2020in an amount equal to one hundred percent of the dreduction mattributable :to the implementation of Section 6 of this 2019 act amending the age of a qualified student.

b r e t º o t n = .212362.1 s k m e - 52 - e a n e d r e l u [ A d school district's or charter school's program cost is less than its final program cost in the previous fiscal year in an amount equal to one hundred percent of the reduction attributable to the implementation of Section 6 of this 2019 act amending the age of a qualified student.»Hfl SECTION Hflº26.27.

27.»Hfl REPEAL.--Sections 22-13-28 and 22-13-28.2 NMSA 1978 (being Laws 2007, Chapter 12, Section 1 and Laws 2016, Chapter 62, Section 1, as amended) are repealed.

SECTION Hflº28. 27.

28.»Hfl DELAYED REPEAL.--Section 22-13-28.1 NMSA 1978 (being Laws 2012, Chapter 21, Section 2) is repealed effective July 1, 2020.

SECTION Hflº29. 28.

29.»Hfl APPLICABILITY.--The provisions of Sections 2 through 19 of this act apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.

The provisions of Sections 21 through 24 of this act apply to school personnel contracted to provide services for summer 2019 h K-5 plus programs in fiscal year 2019 and to all school u » r personnel in fiscal year 2020 and subsequent fiscal years.

tHB h5/a gPage e46 l25 i - 53 - 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 :

b r e t º o t n = .212362.1 s k m e - 53 - e a n e d r e l u [ A d