A. A school district or charter school is eligible for additional program units if it establishes within its department-approved educational plan an extended learning time program that meets the requirements of Subsection B, C or D of this section.

B. An extended learning time program shall include:

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

(2) after-school program opportunities for academic learning or extracurricular enrichment to students that do not supplant federally funded programs; and

(3) a minimum of eighty noninstructional hours per school year for professional development for instructional staff.

C. 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 shall include:

(1) a minimum of one hundred sixty 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 day for seventh through twelfth grade;

(2) after-school program opportunities for academic learning or extracurricular enrichment to students that do not supplant federally funded programs; and

(3) a minimum of eighty noninstructional hours per school year for professional development for instructional staff.

D. With department approval, an elementary school that has an extended learning time program that qualifies for 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 [22-13D-1 to 22-13D-4 NMSA 1978] 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.

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

MEM x 0.11.

History: Laws 2019, ch. 206, § 16 and Laws 2019, ch. 207, § 16.

Compiler's notes. — Laws 2019, ch. 207, § 16, as enacted by the legislature, included the word "instructional" prior to "days per school year" in Subsections B(1) and C(1). However, that provision was line-item vetoed by the governor.

Duplicate laws. — Laws 2019, ch. 206, § 16, effective June 14, 2019, and Laws 2019, ch. 207, § 16, effective June 14, 2019, enacted identical new sections. The section was set out as enacted by Laws 2019, ch. 207, § 16. See 12-1-8 NMSA 1978.

Applicability. — Laws 2019, ch. 206, § 29 provided that the provisions of Laws 2019, ch. 207, § 16 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.