HB 45 — INSTRUCTIONAL MATERIAL DEFINITIONS & FUNDING

Section 22-15-3 NMSA 1978 (being Laws 1967, n d d i = = o h Chapter 16, Section 207, as amended) is amended to read:

l ] b ,d i a º e "22-15-3.

BUREAU--CHIEF.-- er i = r t e 17w d m a n o A.

The "instructional material bureau" is created e e n d 18m within: the department [of education ].

=b e d s º o t n = .211817.1 s k m e - 4 - e a n e d r e l ]u 19[ B.A d within the department [of education].

[With approval of the state board ] The [state a l r i 20 superintendent] secretary shall appoint a chief of the bureau." t e a t SECTION 4.

Section 22-15-4 NMSA 1978 (being Laws 1967, m m 21 e d r e 22 Chapter 16, Section 208, as amended) is amended to read:

c e r c 23 "22-15-4.

BUREAU--DUTIES.--Subject to the policies and e a n b 24 rules of the department, the bureau shall:

u [ A.

administer the provisions of the Instructional .211817.1 - 4 - Material Law;

enforce[With rulesapproval forof the handling, safekeeping and distribution of instructional material and instructional material funds and for inventory and accounting procedures to state institutionsboard [and] beThe followed[state bysuperintendent] schoolsecretary districtsshall andappoint privatea schools]chief pursuantof to the Instructionalbureau." MaterialSECTION Law;4.

C.Section 22-15-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 208, as amended) is amended to read:

withdraw"22-15-4. or withhold the privilege of participating in the free use of instructional material in case of any violation of or noncompliance with the provisions of the Instructional Material Law or any rules adopted pursuant to that law;

D.BUREAU--DUTIES.--Subject to the policies and rules of the department, the bureau shall:

enforceA. rules relating to the use and operation of instructional material depositories in the instructional material distribution process;

andadminister E.the provisions of the Instructional Material Law;

enforce rules that require local school boards to implement a process that ensures that parents and other e e 17 community members are involved in the instructional material e e n d 18 review process." = = l ] 19 SECTION 5.

Section 22-15-5 NMSA 1978 (being Laws 1967, a l r i 20 Chapter 16, Section 209, as amended) is amended to read:

t e a t "22-15-5.

INSTRUCTIONAL MATERIAL FUND.-- m m 21 e d r e 22 A.

The state treasurer shall establish a c e r c 23 nonreverting fund to be known as the "instructional material e a n b 24 fund".

The fund consists of appropriations, gifts, grants, u [ donations and any other money credited to the fund.

The fund .211817.1 - 5 - shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of the Instructional Material Law.

Theenforce rules for the handling, safekeeping and distribution of instructional material fundand shallinstructional bematerial usedfunds ]and tofor payinventory forand theaccounting costprocedures ofto purchasingbe [forfollowed theby purposeschool ofdistricts payingand instructionalstate materialinstitutions [and private schools] pursuant to the Instructional Material Law.Law;

Transportation charges for the delivery of instructional material to a school district or a state institution [or a private school as agent] and emergency expenses incurred in providing instructional material to students may be included as a cost of purchasing instructional material.

Charges for rebinding of used instructional material [that appears on the multiple list pursuant to Section 22-15-8 NMSA 1978] may also be included as a cost of purchasing instructional material." SECTION 6.

Section 22-15-6 NMSA 1978 (being Laws 1967, Chapter 16, Section 210, as amended) is amended to read:

e e 17 "22-15-6.

DISBURSEMENTS FROM THE INSTRUCTIONAL MATERIAL e e n d 18 FUND.--Disbursements from the instructional material fund shall = = l ] 19 be by warrant of the department of finance and administration a l r i 20 upon vouchers issued by the public education department [of t e a t education]." m m 21 e d r e 22 SECTION 7.

Section 22-15-7 NMSA 1978 (being Laws 1967, c e r c 23 Chapter 16, Section 211, as amended) is amended to read:

e a n b 24 "22-15-7.

STUDENTS ELIGIBLE--DISTRIBUTION.-- u [ A.

[Any ] A qualified student or person eligible to .211817.1 - 6 - become a qualified student attending a public school or a state institution [or a private school approved by the department ] in any grade from [first ] kindergarten through the twelfth grade of instruction is entitled to the free use of instructional ] A student enrolled in an early childhood material.

[Any education program as defined by Section 22-13-3 NMSA 1978 [or person eligible to become an early childhood education student as defined by that section attending a private early childhood education program approved by the department] is entitled to the free use of instructional material.

B.

Instructional material shall be distributed to school districts and state institutions [and private schools as agents] for the benefit of students entitled to the free use of the instructional material.

[Anywithdraw ]or Awithhold schoolthe districtprivilege orof stateparticipating institutionin [orthe privatefree schooluse asof agent] receiving instructional material ein ecase 17h pursuantof toany theviolation Instructionalof Materialor Lawnoncompliance iswith responsiblethe forprovisions e e n d 18 distribution of the instructionalg materialo fort usehr byInstructional eligibleMaterial =Law =or lany ]rules 19adopted studentspursuant andto forg thee safekeeping of the instructional a l r i 20k material."that tlaw; e a t SECTION 8.

Sectionh 22-15-8 NMSA 1978 (being Laws 1967, m m 21 e d r ei 22s ChapterD. 16, Section 212, as amended) is amended to read:

cenforce rules relating to the use and operation h , t, of instructional material depositories in the instructional e ru cg 23e "22-15-8.b l e e h material distribution process;

MULTIPLEand LIST--SELECTION--REVIEWn PROCESS.--d ed ai n= b= 24o A.h E.

Theenforce departmentrules [shallthat require local school boards l ] mayb adopt,d i a multipleº liste uto [implement toa beprocess madethat availableensures tothat studentsparents pursuantand toother ther Instructionali .211817.1= -r 7t -e Materialw Law.d m a n o community members are involved in the instructional material d m :

b e d s º o t n = .211817.1 s k m e - 5 - e a n e d r e l u [ A d review process." SECTION 5.

Section 22-15-5 NMSA 1978 (being Laws 1967, Chapter 16, Section 209, as amended) is amended to read:

"22-15-5.

INSTRUCTIONAL MATERIAL FUND.-- A.

The state treasurer shall establish a nonreverting fund to be known as the "instructional material fund".

The fund consists of appropriations, gifts, grants, donations and any other money credited to the fund.

The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of the Instructional Material Law.

B.

The instructional material fund shall be used [for the purpose of paying ] to pay for the cost of purchasing instructional material pursuant to the Instructional Material Law.

Transportation charges for the delivery of instructional material to a school district or a state institution [or a h private school as agent] and emergency expenses incurred in g o t hr providing instructional material to students may be included as g e i k a cost of purchasing instructional material.

Charges for h r i s rebinding of used instructional material [that appears on the h , t, multiple list pursuant to Section 22-15-8 NMSA 1978] may also e u g e b l e e h be included as a cost of purchasing instructional material." n d d i = = o h SECTION 6.

Section 22-15-6 NMSA 1978 (being Laws 1967, l ] b ,d i a º e Chapter 16, Section 210, as amended) is amended to read:

r i = r t e w d m a n o "22-15-6.

DISBURSEMENTS FROM THE INSTRUCTIONAL MATERIAL d m :

b e d s º o t n = .211817.1 s k m e - 6 - e a n e d r e l u [ A d FUND.--Disbursements from the instructional material fund shall be by warrant of the department of finance and administration upon vouchers issued by the public education department [of education]." SECTION 7.

Section 22-15-7 NMSA 1978 (being Laws 1967, Chapter 16, Section 211, as amended) is amended to read:

"22-15-7.

STUDENTS ELIGIBLE--DISTRIBUTION.-- A.

[Any] A qualified student or person eligible to become a qualified student attending a public school or a state institution [or a private school approved by the department ] in any grade from [first ] kindergarten through the twelfth grade of instruction is entitled to the free use of instructional material.

[Any] A student enrolled in an early childhood education program as defined by Section 22-13-3 NMSA 1978 [or person eligible to become an early childhood education student as defined by that section attending a private early childhood h education program approved by the department] is entitled to g o t hr the free use of instructional material.

g e i k B.

Instructional material shall be distributed to h r i s school districts and state institutions [and private schools as h , t, agents] for the benefit of students entitled to the free use of e u g e b l e e h the instructional material.

n d d i = = o h C.

[Any] A school district or state institution [or l ] b ,d i a º e private school as agent] receiving instructional material r i = r t e w d m a n o pursuant to the Instructional Material Law is responsible for d m :

b e d s º o t n = .211817.1 s k m e - 7 - e a n e d r e l u [ A d distribution of the instructional material for use by eligible students and for the safekeeping of the instructional material." Hfl2º SECTION 8.

A new section of the Instructional Material Law is enacted to read:

“[NEW MATERIAL] INSTRUCTIONAL MATERIAL TO PRIVATE SCHOOLS AS AGENTS FOR PRIVATE SCHOOL STUDENTS.--If sufficient funds are made available to school districts and state institutions to provide each student attending a public school with instructional material for each class or subject that conforms to curriculum requirements that each student is able to take home on a daily basis, and each school district and charter school has certified this to the department, the department may make allocations for instructional material for private school students in an amount to be determined by department rule;

provided that the per-student allocation for private school h students shall not exceed the per-student allocation for public u » r t h school students;

and provided further that the department shall g e l i allocate instructional material only to those private schools h r i s that do not discriminate based on race, religion, color, h , e h t u g national origin, ancestry, gender, sexual orientation, gender e b l e e , gh identity or physical or mental disability.”»Hfl2 n d d i = = o h SECTION Hfl2º8 9»Hfl2.

Section 22-15-8 NMSA 1978 (being l ] b ,d i a º r e r = Laws 1967, Chapter 16, Section 212, as amended) is amended to t e w d m a n o read:

d m :

b r e t º o t n = .211817.1 s k m e - 8 - e a n e d r e l u [ A d "22-15-8.

MULTIPLE LIST--SELECTION--REVIEW PROCESS.-- A.

The department [shall ] may adopt a multiple list to be made available to students pursuant to the Instructional Material Law.

Local school boards shall give written notice to parents and other community members and shall invite parental h involvement in the adoption process at the district level.

g o t hr Local school boards shall also give public notice, which notice g e i k may include publication in a newspaper of general circulation eh er 17i s in the school district.

eh e, nt, d 18 C.

The department shall establish by rule an =e =u g e b l ]e 19e h instructional material review process for the adoption of an ld rd i 20= = o h instructional material on the multiple list.

The process shall tl e] b ,d i a tº e include:

mr mi 21= r t e w d rm ea 22n o (1) a summer review institute at which basal cd em r: c 23 materials in the content area under adoption will be e a n b 24 facilitated by content and performance experts in the content u [ area and reviewed by reviewers;

b e d s º o t n = .211817.1 s k m e - 89 - (2)e thata leveln twoe d r e l u [ A d materials in the content area under adoption will be facilitated by content and levelperformance three-Aexperts teachersin arethe reviewerscontent ofarea record;and reviewed by reviewers;

(2) that level two and level three-A teachers are reviewers of record;

Participants in the summer review institute shall receive a stipend commensurate with the level of h responsibility and participation as determined by department u » r rule.

t h g e l i E.

The department shall charge a processing fee to eh er 17i s vendors of instructional materials not to exceed the retail eh , e nh d 18 value of the instructional material submitted for adoption." =t =u g e b l ]e 19e , gh SECTION 9.Hfl2º 9 10»Hfl2.

Section 22-15-9 NMSA 1978 (being Lawsn 1967,d ad li r= i= 20o h Laws 1967, Chapter 16, Section 213, as amended) is amended to l ] b ,d i a º r read:

e r = t e w d m a tn o "22-15-9.

DISTRIBUTION OF FUNDS FOR INSTRUCTIONAL md m 21: e d r e 22 MATERIAL.-- c e r c 23 A.

[Onb orr beforee ]t Noº latero thant April 1 of each e a n b= 24.211817.1 year,s thek departmentm shalle allocate to each school district or u [ state institution [or private school as agent] not less than .211817.1 - 910 - ninetye percenta ofn itse estimatedd entitlementr ase determinedl fromu the[ estimatedA [forty-dayd ]MATERIAL.-- secondA. reporting date membership for the next school year.

A[On schoolor district'sbefore] orNo statelater institution'sthan [orApril private1 school'sof ]each entitlementyear, isthe thatdepartment portionshall ofallocate theto totaleach amountschool ofdistrict theor annualstate appropriationinstitution less[or aprivate deductionschool foras aagent] reasonablenot reserveless forthan emergencyninety expensespercent thatof its [forty-dayestimated ]entitlement secondas reportingdetermined datefrom membershipthe bearsestimated to[forty-day the] [forty-day]Hflºsecond»Hfl secondHflºfirst»Hfl reporting date membership offor the entirenext state.school year.

A school district's or state institution's [or private school's] entitlement is that portion of the total amount of the annual appropriation less a deduction for a reasonable reserve for emergency expenses that its [forty-day ] Hflºsecond»Hfl Hflºfirst»Hfl reporting date membership bears to the [forty- day] Hflºsecond»Hfl Hflºfirst»Hfl reporting date membership of the entire state.

The allocation for adult basic education shall be h based on a full-full-time time equivalency obtained by multiplying the g o t hr total previous year's enrollment by .25.

The department shall g e i k transfer the amount of the allocation for adult basic education h r i s to the adult basic education fund.

]h No, latert, thane Januaryu 15g of each B.

[On or beforebefore] No later than January 15 of each e b l e 17e h year, the department shall recompute each entitlement using the e e n d 18d [forty-day]i second= reporting= dateo membershiph for[forty-day that] year,Hflºsecond»Hfl =Hflºfirst»Hfl =reporting date l ] 19b except,d fori adulta basicº education,e andmembership shallfor allocatethat theyear, aexcept lfor radult ibasic 20education, balanceand ofr thei annual= appropriationr adjustingt fore anyw [over-d ]m t e a tn overestimationo orshall [under-estimation]allocate underestimationthe madebalance inof mthe mannual 21appropriation e d rm e: 22 the first allocation.

cb e d s º o t n = .211817.1 s k m e - 11 - e a n e d r ce 23l C.u [ A d adjusting for any [over-] overestimation or [under-estimation] underestimation made in the first allocation.

[AnC. amount not to exceed fifty percent of the e a n b 24 allocations attributed to each school district or state u [ institution may be used for instructional material not included .211817.1 - 10 - on the multiple list provided for in Section 22-15-8 NMSA 1978, and] Up to twenty-five percent of [this amount] the allocations attributed to each school district or state institution may be used for other classroom materials.

[The[An localamount superintendentnot mayto applyexceed tofifty percent of the departmentallocations forattributed ato waivereach ofschool thedistrict useor ofstate fundsinstitution 6may allocatedbe used for instructional material not included on the purchasemultiple list provided for in Section 22-15-8 NMSA 1978, and] Up to twenty-five percent of instructional[this materialamount] eitherthe includedallocations attributed to each school district or notstate includedinstitution onmay thebe multipleused list.for other classroom materials.

[The local superintendent may apply to the department for a waiver of the use of funds allocated for the purchase of instructional material either included or not included on the multiple list.

provided h that no funds shall be expended for religious, sectarian or u » r nonsecular materials;

and provided further that all t h g e l i instructional material purchases shall be through an in-state h r i s depository.] h , e h D.

The department shall establish procedures for t u g e b l e 17e , gh the distribution of funds directly to school districts and e e n d 18d i = = o h state institutions.

Prior to the final distribution of funds = = l ] 19b ,d i a º r to any school district or charter school, the department shall ae l r i= 20 verify that the local school board or governing body has t e aw td adoptedm a policyn thato requiresverify that everythe studentlocal haveschool aboard mor mgoverning 21body ehas d rm e: 22 textbook for each class that conforms to curriculum c e r c 23 requirements and that allows students to take those textbooks e a n b 24 home.

b r e t º o t n = .211817.1 s k m e - 12 - e a n e d r e l u [ [E.A d adopted a policy that requires that every student have a textbook for each class that conforms to curriculum requirements and that allows students to take those textbooks home.

The[E. department shall provide payment to an .211817.1 - 11 - in-state depository on behalf of a private school for instructional material.

The department shall provide payment to an in-state depository on behalf of a private school for instructional material.

[Any balance remaining in an instructional material account of a private school at the end of the fiscal year shall remain available for reimbursement by the department for instructional material purchases in subsequent years.]" SECTION 10.Hfl2º 10 11»Hfl2.

Section 22-15-10 NMSA 1978 h (being Laws 1967, Chapter 16, Section 214, as amended) is g o t hr amended to read:

g e i k "22-15-10.

SALE OR LOSS OR RETURN OF INSTRUCTIONAL h r i s MATERIAL.-- h , t, A.

With the approval of the chief, instructional e u g e b l e e h material acquired by a school district or state institution [or en ed 17d i = = o h private school] pursuant to the Instructional Material Law may el e] nb d,d 18i a º e be sold at a price determined by officials of the school =r i = lr ]t 19e w d m a n o district or state institution [or private school].

The selling ad lm r: i 20 price shall not exceed the cost of the instructional material t e a t to the state.

mb e d s º o t n = .211817.1 s k m 21e - 13 - e a n e d r e 22l B.u [ A d price shall not exceed the cost of the instructional material to the state.

AB. school district or state institution [or c e r c 23 private school] may hold the parent or student responsible for e a n b 24 the loss, damage or destruction of instructional material while u [ the instructional material is in the possession of the student.

.211817.1 - 12 - A school district mayor withholdstate theinstitution grades,[or diplomaprivate andschool] transcriptsmay ofhold the parent or student responsible for the loss, damage or lossdestruction of instructional material untilwhile the parentinstructional ormaterial studentis hasin paid for the damagepossession orof loss.the student.

A school district may withhold the grades, diploma and transcripts of the student responsible for damage or loss of instructional material until the parent or student has paid for the damage or loss.

A school district or state institution that has h funds remaining for the purchase of instructional material at u » r the end of the fiscal year shall retain those funds for t h g e l i expenditure in subsequent years.

h r i s [D.

All money collected by a private school for the h , e h sale, loss, damage or destruction of instructional material t u g e b l e e , gh received pursuant to the Instructional Material Law shall be en ed 17d i = = o h sent to the department.

el e] nb d,d 18i a º r E.] D.

Upon order of the chief, a school district =e r = lt ]e 19w d m a n o or state institution [or private school] shall transfer to the ad l r i 20 department or its designee instructional material, purchased t e a t with instructional material funds, that is in usable condition m m: 21 e d r e 22 and for which there is no use expected by the respective c e r c 23 schools." e a n b 24 SECTION 11.

Sectionb 22-15-11r NMSAe 1978t (beingº Lawso 1967,t n = .211817.1 s k m e - 14 - e a n e d r e l u [ ChapterA 16,d Sectiondepartment 215,or asits amended)designee instructional material, purchased with instructional material funds, that is amendedin tousable read:condition and for which there is no use expected by the respective schools." SECTION Hfl2º 11 12»Hfl2.

.211817.1Section -22-15-11 13NMSA -1978 "22-15-11.(being Laws 1967, Chapter 16, Section 215, as amended) is amended to read:

RECORD"22-15-11. OF INSTRUCTIONAL MATERIAL.--Each school district and state institution [or private school] shall keep accurate records of all instructional material, including cost records, on forms and by procedures prescribed by the bureau." SECTION 12.

RECORD OF INSTRUCTIONAL MATERIAL.--Each school district and state institution [or private school] shall keep accurate records of all instructional material, including cost records, on forms and by procedures prescribed by the bureau." SECTION Hfl2º 12 13»Hfl2.

Annually, the department [of educationeducation] ] shall h submit a budget for the ensuing fiscal year to the department g o t hr of finance and administration showing the expenditures for g e i k instructional material to be paid out of the instructional h r i s material fund, including reasonable transportation charges and h , t, emergency expenses.

e u g e b l e e h B.

Upon request, the department [of education ] n d d i = = o h shall make reports to the [state board ] legislature and the l ] b ,d i a º e governor concerning the administration and execution of the er ei 17= Instructionalr Materialt Law." e ew d m a n do 18Instructional SECTIONMaterial 13.Law." d m :

REPEAL.--Sectionb 22-15-8.2e NMSAd 1978s (beingº =o t n = l.211817.1 ]s 19k Lawsm 2006,e Chapter- 58,15 Section- 1)e isa repealed.n e d r e l u [ A d SECTION Hfl2º13 14»Hfl2.

aREPEAL.--Section l22-15-8.2 rNMSA i(being 20Laws SECTION2006, 14.Chapter 58, Section 1) is repealed.

EFFECTIVESECTION DATE.--TheHfl2º14 effective15»Hfl2. date of the t e a t provisions of this act is July 1, 2019.

mEFFECTIVE mDATE.--The 21effective edate dof rthe eprovisions 22of -this 14act -is cJuly e1, r2019. c 23 e a n b 24 u [ .211817.1

- 16 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .211817.1 s k em e e a n e d r e l u [ A d