A. The total program units for 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 (16) in this subsection. The itemized program units are as follows:

(1) early childhood education;

(2) basic education;

(3) special education, adjusted by subtracting the units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

(4) bilingual multicultural education;

(5) fine arts education;

(6) elementary physical education;

(7) size adjustment;

(8) at-risk;

(9) enrollment growth or new district adjustment;

(10) special education units derived from membership in class D special education programs in private, nonsectarian, nonprofit training centers;

(11) national board for professional teaching standards certification;

(12) home school student;

(13) home school student activities;

(14) charter school student activities;

(15) K-5 plus; and

(16) extended learning time.

B. The total program cost calculated as prescribed in Subsection A of this section includes the cost of early childhood, special, bilingual multicultural, fine arts and vocational education and other remedial or enrichment programs. It is the responsibility of the local school board or governing body of 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, funds generated under the Public School Finance Act are discretionary to local school boards and governing bodies of charter schools; provided that the special program needs as enumerated in this section are met; and provided further that the department shall ensure that the local school board or governing body of a charter school is prioritizing resources for the public school toward proven programs and methods linked to improved student achievement.

History: 1953 Comp., § 77-6-18.1, enacted by Laws 1969, ch. 180, § 14; 1971, ch. 263, § 6; reenacted by 1974, ch. 8, § 8; 1976 (S.S.), ch. 32, § 2; 1977, ch. 244, § 1; 1986, ch. 33, § 15; 1990 (1st S.S.), ch. 3, § 4; 1993, ch. 237, § 1; 1997, ch. 40, § 3; 2003, ch. 144, § 1; 2003, ch. 152, § 7; 2005, ch. 206, §1 ; 2006, ch. 94, § 12; 2007, ch. 347, § 1; 2007, ch. 348, § 2; 2007, ch. 365, § 1; 2011, ch. 10, § 6; 2014, ch. 61, § 1; 2015, ch. 108, § 7; 2018, ch. 55, § 3; 2019, ch. 206, § 13; 2019, ch. 207, § 13.

The 2019 amendment, effective June 14, 2019, added "K-5 plus" and "extended learning time" to the list of itemized program units for purposes of program cost calculation; in Subsection A, deleted "For fiscal year 2019, the total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) through (6) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (7) through (14) in this subsection. For fiscal year 2020 and subsequent fiscal years", after "Paragraphs (3) through", deleted "(14)" and added "(16)", and added Paragraphs A(15) and A(16); and in Subsection B, after "provided further that", deleted "if a public school has been rated D or F for two consecutive years", and after "improved student achievement", deleted "until the public school earns a C or better for two consecutive years".

Laws 2019, ch. 206, § 13, and Laws 2019, ch. 207, § 13, both effective June 14, 2019, enacted identical amendments to this section. The section was set out as amended by Laws 2019, ch. 207, § 13. See Section 12-1-8 NMSA 1978.

Applicability. — Laws 2019, ch. 206, § 29 and Laws 2019, ch. 207, § 29, provided that the provisions of §§ 2 through 19 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.

The 2018 amendment, effective July 1, 2018, revised the formula for calculating program cost; and in Subsection A, in the introductory paragraph, added "For fiscal year 2019", after "in this subsection by the", deleted "instructional staff training and experience index" and added "staffing cost multiplier", and added "For fiscal years 2020 and subsequent fiscal years, the total program units for 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) in this subsection".

Temporary provisions. — Laws 2018, ch. 55, § 7 provided that:

A. Using funds appropriated by the legislature for fiscal years 2020 through 2022, the public education department shall supplement a school district's or charter school's calculated program cost in each of those fiscal years:

(1) if, for the fiscal year, the school district's or charter school's calculated program cost is less than its final program cost in the previous fiscal year, not considering any supplement the school district or charter school receives under this subsection; and

(2) as follows:

(a) for fiscal year 2020, in an amount equal to one hundred percent of the reduction attributable to the implementation of this act or the difference between the calculated program cost and the final program cost in the previous fiscal year, whichever is less;

(b) for fiscal year 2021, in an amount equal to seventy-five percent of the reduction attributable to the implementation of this act or the difference between the calculated program cost and the final program cost in the previous fiscal year, whichever is less; and

(c) for fiscal year 2022, in an amount equal to fifty percent of the reduction attributable to the implementation of this act or the difference between the calculated program cost and the final program cost in the previous fiscal year, whichever is less; but

(3) if, in a fiscal year, the appropriation for the purpose of implementing this subsection is insufficient to supplement school districts and charter schools in accordance with Paragraphs (1) and (2) of this subsection, then in an amount equal to the school district's or charter school's prorated share of the total appropriation.

B. On or before February 1 of 2020 through 2022, the public education department shall submit a report to the legislative education study committee and the legislative finance committee that states, regarding the current fiscal year:

(1) the sum needed to supplement school districts and charter schools in accordance with this section;

(2) a list of the school districts and charter schools eligible to receive a supplement in accordance with this section; and

(3) the supplement amount of each of those school districts and charter schools.

The 2015 amendment, effective July 1, 2015, required each governing body of a charter school to determine its priorities in terms of the needs of the community served by the local school board and required the public education department to ensure that each governing body of a charter school with a D or F rating is prioritizing resources toward proven programs and methods linked to improved student achievement until the school earns a grade of C or better for two consecutive years; in Subsection B, after "responsibility of the local school board or,", added "for a charter school, the", and after "ensure that the local school board or,", added "for a charter school, the".

The 2014 amendment, effective May 21, 2014, incorporated the home school student program unit provision in the program cost calculation provisions of the Public School Finance Act; in Subsection A, added Paragraph (12); and in Subsection B, in the third sentence, after "enumerated in this section are met", added "and", and after "and provided", deleted "however" and added "further".

The 2011 amendment, effective June 17, 2011, required the department to ensure that public schools that are rated D or F prioritize resources to improve student achievement.

The 2007 amendment, effective June 15, 2007, added home school student activities into the program cost calculation.

The 2006 amendment, effective July 1, 2007, added the governing body of a charter school in Subsection B.

The 2005 amendment, effective June 17, 2005, added national board certification in the program cost calculation in Subsection A.

The 2003 amendment, effective June 20, 2003, in Subsection A, substituted "through (5) in this subsection by the instructional" for "through (4) in this subsection by the instruction" following "as Paragraphs (1)", substituted "Paragraphs (6) through (9)" for "Paragraphs (5) through (8)" following "units itemized as"; added Paragraph A(5) and redesignated former Paragraphs A(5) to (8) as present Paragraphs A(6) to (9); and added Paragraph A(10).

The 1997 amendment, effective July 1, 1997, in Subsection A, substituted "membership in class D special education programs" for "class D special education MEM" throughout the subsection, added Subparagraph (6) and redesignated the remaining subparagraphs accordingly, and made a stylistic change.

The 1993 amendment, effective June 18, 1993, added "or new district adjustment" at the end of Paragraph (6) of Subsection A.

The 1990 (1st S.S.) amendment, effective July 1, 1990, in Subsection A, substituted "Paragraphs (5) through (7)" for "Paragraphs (5) and (6)" in the first sentence, "special education MEM" for "special education ADM" in Paragraph (3), added present Paragraph (6), and redesignated former Paragraph (6) as present Paragraph (7), substituting therein "special education MEM" for "special education ADM".