NMCEL -

Wednesday summary: HB285 Office of Special Education was debated in House Education and after extensive debate was rolled over at the request of the sponsor. The NMCASE had expressed opposition to the bill and was supported by the NMSSA; SB 387 Seclusion and Constraint was not heard and was rolled over to Friday. This bill would further restrict districts from applying certain restraints in situations with students and increase training and reporting and we oppose the bill; SB400 Middle School redesign (supported) moved forward unanimously; SB 465 EDUCATIONAL INSTITUTION DEMOGRAPHIC DATA was tabled.

Senate Bill 384 - Maestas that would have redefined NMAA eligibility, was tabled unanimously except for the sponsors support. In Senate Education.

Dr. Kim Mizell receives her recognition as the New Mexico Superintendent of the year at the National AASA Convention in San Antonio, Texas. She shares the honor with the 50 other state champions. Congratulations!!!

Senate Bill 283, remove certain suspension, expulsion options from pre-k through 2nd grade moved out of the Senate Education Committee on a No Recommendation after a tabling motion failed on a tie vote.

SJR1, Instituting a State Board of Education passed Senate Rules Committee 6-1. It will move to Senate Education next. It was amended to a 10 member elected board and a five minute appointed board.

HB189, a clean up bill for educational retirement passed House Education Committee unanimously

SB193 for retiree healthcare passed the Senate Health and Public Affairs Committee unanimously this afternoon.

SB234 the exclusion of soft drinks and sodas bill was tabled unanimously by the Senate Education Committee

HB126 the graduation bill, unanimously passed the House Education Committee

Passed House Education Committee HB 39 Dual-Licensed Instructional Support Providers (Elizabeth “Liz” Thomson) - Adds dual-licensed instructional support providers and dual-licensed instructional support program administrators to the Three-Tier Licensure system. HB 43 Affirmative Consent Policy in Schools (Elizabeth “Liz” Thomson, Gail Chasey, Andrea Romero, Linda Serrato) – Requires public school and public and private post-secondary educational institutions to adopt policies and procedures addressing affirmative consent and prevention of sexual assault, domestic violence, dating violence, harassment and stalking, amend the public school code to include a requirement to set affirmative consent as the standard for sexual activity. HB 125 School Dual Credit Task Force (G. Andres Romero) – Creates a 12 member dual credit task force; provides duties; requires a final report. HB 130 K-12 Plus Program (Joy Garratt, G. Andres Romero) – Creates the K-12 Plus Program; provides additional program units for public schools that increase the number of instructional days beyond 180 for a five-day school week and more than 155 days for a four-day school week; defines instructional hours and professional hours; repeals the K-5 Plus Act and extended learning time program units. (LESC) HB 134 Menstrual Products in School Bathrooms (Christine Trujillo, Kristina Ortez, Joy Garratt, Tara L. Lujan, Linda Serrato) – Requires the PED to provide menstrual products in school bathrooms; makes an appropriation. HB 140 Tribal Education Trust Fund (Derrick J. Lente, G. Andres Romero, Javier Martinez, Patricia Roybal Caballero, Anthony Allison) – Creates the Tribal Education Trust Fund; provides distributions to the PED, provides accountability measures; provides reporting requirements; makes a $50M appropriation from the public education reform fund. (LESC) HB 147 Indian Education Fund Distributions (Derrick J. Lente) – Changes the distributions from the Indian Education Fund (IEF). (LESC) Passed House Commerce and Economic Development Committee HB 126 School Graduation Requirements (G. Andres Romero, T. Ryan Lane) – Changes graduation requirements for students entering ninth grade in the 2024-2025 school year. (LESC) HB 127 Education Assistant Salary Increase (Susan K. Herrera, Brian G. Baca, Willie D. Madrid, Debra M. Sarinana, Christine Trujillo) – Increases the minimum salary for educational assistants. (LESC) Passed House Judiciary Committee HB 43 Affirmative Consent Policy in Schools (Elizabeth “Liz” Thomson, Gail Chasey, Andrea Romero, Linda Serrato) – Requires public school and public and private post-secondary educational institutions to adopt policies and procedures addressing affirmative consent and prevention of sexual assault, domestic violence, dating violence, harassment and stalking, amend the public school code to include a requirement to set affirmative consent as the standard for sexual activity. HB 130 K-12 Plus Program (Joy Garratt, G. Andres Romero) – Creates the K-12 Plus Program; provides additional program units for public schools that increase the number of instructional days beyond 180 for a five-day school week and more than 155 days for a four-day school week; defines instructional hours and professional hours; repeals the K-5 Plus Act and extended learning time program units. (LESC) Passed Senate Education Committee SB 3 Family Income Index Distribution Flexibility (Mimi Stewart) – Provides more flexibility for uses of Family Income Index distributions; appropriates $15 M GF to PED. CS/SB 4 Healthy Universal School Meals (Michael Padilla, Leo Jaramillo) – Enacts the Healthy Universal School Meals Act; ensures free, healthy school meals for all students; makes a $30M appropriation. SB 120 Open Enrollment for Military Children (Harold Pope) – Allows for open enrollment flexibility for children of military families. SB 211 Career Development Success Pilot Program (Craig W. Brandt, Gay G. Kernan) – Creates the Career Development Success Pilot Program; makes a $1.2 M GF appropriation to Career Development Success Program Fund. Passed “Without Recommendation”: CS/SB 24 School Reporting on Use of Federal Funds (Crystal R. Diamond) – Creates reporting requirements for school districts and state-chartered charter schools related to the use of federal funds from the Elementary and Secondary School Emergency Relief (ESSER) Fund as provided in the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, the federal Coronavirus Response and Relief Supplemental Appropriations Act and the federal American Rescue Plan Act of 2021; prescribes duties for the Public Education Department. Passed Senate Health & Public Affairs Committee SB 63 Appointed Executive Office Finalists Lists (Bill Tallman) – Requires disclosure of the names of finalists for appointive executive positions; provides an exemption to the inspection of Public Records Act. Passed Senate Rules Committee SJR 1 State Board of Education (Steven P. Neville) – Proposes an amendment to Article 12, Section 6 of the Constitution of New Mexico to replace the Public Education Commission with a State Board of Education to set policy and direct the Public Education Department; provides a transition period. Passed Senate Judiciary Committee SB 63 Appointed Executive Office Finalists Lists (Bill Tallman) – Requires disclosure of the names of finalists for appointive executive positions; provides an exemption to the inspection of Public Records Act. Please stay informed, involved, and engaged with NMSBA’s Legislative Highlights which we will send you throughout the legislative session. Feel free to contact me or Lilliemae Ortiz, our Legislative Liaison lilliemaeortiz@yahoo.com if you have questions or need additional information. Joe Guillen Executive Director New Mexico School Boards Association (505) 983-5041 office (505) 470-3967 cell jguillen@nmsba.org image003.jpg 450 Strong!

Senate Bill 120 that facilitates open enrollment for military children passed Senate Education this morning. Senate Bill 137 that would have required 30 minutes recess daily for elementary children was tabled. HB30 Public School Ventilation Act was carried over to consider amendment. NMSBA and NMCEL/NMSSA opposed the bill as presented due to funding concerns long term and short term.

Late Friday, HB 130 which sets the school year at 1140 hours (the LESC recommendation) passed the House Judiciary Committee unanimously after a large contingent of Superintendents stood in support of the bill. It now moves to House Appropriations and Finance ……

SB108 which provides a .25 index in the SEG passed the Senate Education Committee unanimously. SB109 Education Freedom Accounts was tabled.

House Education tabled HB 85 which would have broken up Albuquerque was tabled 8-5. HB 108 Transfer of student from low performing schools to high performing schools was tabled 9-2. HB 107 Repeal of opportunity scholarship was rolled over. HB 102 Public School Healthcare Contribution passed 10-2.

HB 126 School Graduation Requirements and HB 127 Education Assistant Salary Increase will each be heard this afternoon in House Commerce and Economic Development Committee.

SB 4, Healthy Universal Meals, Senator Padilla will be considered Monday morning, January 30, in Senate Education in a Committee Substitute Form. Significant work was completed since the original hearing last Wednesday that was considerate of our concerns regarding certain provisions of the bill.

Mariana Padilla, Governor’s Advisor for Children’s Issues will serve as the Interim Secretary for Education. Superintendents will meet with her at 10:30 am on Tuesday, January 31 in Mabry Hall.

Unexpected News….unsure what has happened ….. https://twitter.com/mckaydan/status/1619400711766409216?s=42&t=b6EjCVZZeFAG4rIZ01yheg Dan McKay’s feed notes that Secretary Steinhaus has resigned and retired.

School Board Members & Superintendents, The 20223 Legislative Session is well underway with committees assigned, bills being introduced, and hearings being conducted. To give you flavor of the bills being introduced we are providing a list and short summary of education bills which have introduced to date. We will be reviewing these bills and will be commenting on them as they are heard in committee. Also attached for your review is a listing of bills which have been endorsed by the Legislative Education Study Committee. Please keep in mind that NMSBA’s 2023 Legislative Program and Priorities adopted at our Annual Convention can be downloaded by clicking here NMSBA Legislative Program or here NMSBA Legislative Priorities. These documents and a host of other legislative information can be accessed on our website legislative advocacy page at https://www.nmsba.org/nmsba-legislative-information/ Bills Relating to Public Education Introduced as of today 1/24/23 House Education Bills HB 36 School Group Insurance Contributions (Raymundo Lara) – Amends the group insurance contributions for school districts, charter schools and participating entities in the Public School Insurance Authority “shall be at least eighty percent of the cost of insurance of all employees”; makes an appropriation. HB 39 Dual-Licensed Instructional Support Providers (Elizabeth “Liz” Thomson) - Adds dual-licensed instructional support providers and dual-licensed instructional support program administrators to the Three-Tier Licensure system. HB 43 Affirmative Consent Policy in Schools (Elizabeth “Liz” Thomson, Gail Chasey, Andrea Romero, Linda Serrato) – Requires public school and public and private post-secondary educational institutions to adopt policies and procedures addressing affirmative consent and prevention of sexual assault, domestic violence, dating violence, harassment and stalking, amend the public school code to include a requirement to set affirmative consent as the standard for sexual activity. HB 52 International Baccalaureate Program Tests (Anthony Allison) – Appropriates $100,000 GF to the Public Education Department to distribute to public schools that offer international baccalaureate programs to provide the international baccalaureate program tests free of charge to New Mexico students. HB 85 Public School Redistricting (Willian “Bill” R. Rehm) – Provides for the redistricting of certain school districts; requires a redistricting plan; creates a task force; requires the Secretary of Public Education to issue a redistricting order; provides for appointments and elections of local school boards. HB 102 Health Care Insurance for Educators (Raymundo Lara) – Increases the employer share for employees covered by the Public School Insurance Authority. HB 107 Opportunity Scholarship Act (John Block) – Repeals the Opportunity Scholarship Act. HB 112 Public School Wellness Room Pilot Project (Pamelya Herndon) – Creates a pilot project to demonstrate that the availability of wellness rooms for students in need of a calming environment to self-regulate emotional, mental and behavioral stress will have a positive effect on student resiliency, student outcomes and student behavioral health; appropriates $ 5,000,000 from GF to the Building Student Resiliency Fund. HB 125 School Dual Credit Task Force (G. Andres Romero) – Creates a dual credit task force; provides duties; requires a final report. HB 126 School Graduation Requirements (G. Andres Romero, T. Ryan Lane) – Changes graduation requirements for students entering ninth grade in the 2024-2025 school year. HB 127 Education Assistant Salary Increases (Susan K. Herrera, Brian G. Baca, Willie D. Madrid, Debra M. Sarinana, Christine Trujillo) – Increases the minimum salary for educational assistants. HB 130 K-5 Plus Program (Joy Garratt, G. Andres Romero) – Creates the K-12 Plus Program; provides additional program units for public schools that increase the number of instructional days beyond 180 for a five-day school week and more than 155 days for a four-day school week; defines instructional hours and professional hours; repeals the K-5 Plus Act and extended learning time program units. HB 134 Menstrual Products in School Bathrooms (Christine Trujillo, Kristina Ortez, Joy Garratt, Tara L. Lujan, Linda Serrato) – Requires the PED to provide menstrual products in school bathrooms; makes an appropriation. HB 140 Tribal Education Trust Fund ( Derrick J. Lente, G. Andres Romero, Javier Martinez, Patricia Roybal Caballero, Anthony Allison) – Creates the Tribal Education Trust Fund; provides distributions to the PED, provides accountability measures; provides reporting requirements; makes an appropriation. HB 143 School Board Governance Requirements (Debra M. Sarinana) - Creates reporting requirements; allows the PED to suspend individual local school board members; requires the PED to report assessment data on a regular and rolling basis; allows local school boards to establish an annual evaluation process for local superintendents; requires more mandatory training for local school boards and governing bodies of charter schools. HB 147 Indian Education Fund Distributions (Derrick J. Lente) – Changes the distributions from the Indian Education Fund. HB 149 Public Ed Dept. Native American Funding (Derrick J. Lente) – Requires the PED to calculate and include as part of its annual budget a portion of funds for New Mexico Indian Nations, Tribes and Pueblos; makes an appropriation. HJR 7 Public School Admin Office, CA (John Block) – Amends Article 12, Section 6 of the Constitution of New Mexico to replace the PED with the Public School Administrative Office under the direction and control of the Public Education Commission; limits the powers of the Commission and Administrative Office so as not to infringe on the powers and duties of local school boards, school districts and governing bodies of charter schools; provides a transition. Senate Bills SB 3 Family Income Index Distributions Flexibility (Mimi Stewart) – Provides more flexibility for uses of Family Income Index distributions; appropriates $15 M GF to PED. SB 4 Healthy Universal School Meals (Michael Padilla, Leo Jaramillo) – Enacts the Healthy Universal School Meals Act; ensures free, healthy school meals for all students; makes an appropriation. SB 24 School Reporting on Use of Federal Funds (Crystal R. Diamond) – Creates reporting requirements for school districts and state-chartered charter schools related to the use of federal funds from the Elementary and Secondary School Emergency Relief Fund; prescribes duties for the Public Education Department. SB 28 Teacher School Supply Purchase Tax Deduction (Craig Brandt) – Provides an income tax deduction for school supplies purchased by a public school teacher. SB 60 Photovoltaic Systems in New Public Schools (William P. Soules) – Requires photovoltaic systems in new public schools; changes the definition of “Building System” in the Public School Capital Outlay Act. SB 93 Mora School Security (Pete Campos) – Appropriates $78,000 from the GF to the PED for the Mora Independent School District to update and install surveillance cameras and security entry doors districtwide. SB 95 Statewide School Safety (George K. Munoz) – Makes a $25,000,000 appropriation from Public School Capital Outlay Fund to the PED for school safety statewide. SB 108 Career Technical Education Program Unit (Craig W. Brandt) – Creates a career technical education program unit; adds the Career Technical Education Program Unit to the program cost calculation. SB 109 Education Freedom Accounts (Craig W. Brandt) – Enacts the Education Freedom Account Act; provides powers and duties, provides for Education Freedom Accounts; provides allowable uses; provides procedures and application requirements for parents and education service providers, creates a review commission. SB 113 Equal Education Opportunity Scholarship (Gerald Ortiz y Pino) – Enacts the Equal Education Opportunity Scholarship act; provides for tuition scholarship organizations to grant educational scholarships to low-income students to attend certain public and nonpublic schools; creates income tax and corporate income tax credits for contributions to tuition scholarship organizations that provide educational scholarships for low-income students to attend public or private schools of the student’s parents’ choice. SB 120 Open Enrollment for Military Children (Harold Pope) – Allows for open enrollment flexibility for children of military families. SB 129 Permanent Fund for Education Implementation (Nancy Rodriguez) – Provides for the implementation of Constitutional Amendment 1 approved by the voters in 2022, which provides for an additional distribution from the Permanent School Fund for educational purposes. SB 131 Public School Funding Changes (Mimi Stewart) – Allows the PSFA budget to be based on a five-year average; eliminates offsets for school districts; reduces the local match by one-third for some school districts; reduces the local match by one-half for certain small school districts; eliminates the impact and credit; eliminates offsets for charter schools; reduces the local match for pre-kindergarten projects by fifty percent; provides technical cleanup. SB 137 Require 30-Minute Recess for some Grades ( Steven P. Neville) – Requires kindergarten through third grades to provide thirty-minute recess in additional to physical education; provides that recess may be aligned with other programming. SJR 1 State Board of Education, CA (Steven P. Neville) – Proposes an amendment to Article 12, Section 6 of the Constitution of New Mexico to replace the Public Education Commission with a State Board of Education to set policy and direct the Public Education Department; provides a transition period. Please stay informed, involved, and engaged with NMSBA’s Legislative Highlights which we will send you throughout the legislative session. Feel free to contact me or Lilliemae Ortiz, our Legislative Liaison lilliemaeortiz@yahoo.com if you have questions or need additional information. Joe Guillen Executive Director New Mexico School Boards Association (505) 983-5041 office (505) 470-3967 cell jguillen@nmsba.org

Colleagues: The Session is well underway and there have been a total of 25 pieces of legislation filed that directly impact Public Schools so far. You may wish to look at the locator for more information; also, I have met with Joe Guillen and he is producing the overview document that will be provided later this week. Here are the bills to date: HB 2 - GAA - Appropriation Bill HB 30 - Public School Ventilation Improvement Act HB 36 School Group Insurance HB 43 Affirmative Consent Policy in Schools HB 85 Public School Redistricting HB 99 - Transfer Excess Oil and Gas Fund to Arts School HB 102 Health Care Insurance for Educators HB 108 Transfer of Certain School Students HB 112 Public School Wellness Pilot Project HB 125 School Dual Credit Task Force HB 126 School Graduation Requirements HB 127 Educator Assistant Salary Increase HB 130 K-12 Plus Programs SB 20 Educational Retirement Board Changes SB 24 School Reporting on Use of Federal Funds SB 28 Teacher School Supply Purchase Tax SB 93 Mora School Security SB 95 Statewide School Safety SB 109 Education Freedom Fund SB 113 Equal Education Opportunity Scholarship SB 129 Permanent Fund for Education Implementation SB 131 Public School Funding Changes SB 137 Require 30 Minute Recess for Some Grades SJR 1 State Board of Education CA We will provide more information as these move forward. Also please save a place on your calendar for our call each Thursday of the Session with Senator Soules and Representative Romero at 7:30-8:30 AM. We will send you a seperate link for that Zoom, soon. Best Regards: Stan Stan Rounds Executive Director New Mexico Coalition of Educational Leaders and New Mexico School Superintendents Association 6600 Palomas, NE Albuquerque, New Mexico 87109 Cell: 575-915-7868 Office: 505-217-2345 stan@nmcel.org