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Feb 15, 2019

Legislative Update Feb 15, 2019, 2:30pm - NMSBA Joe Guillen

School Board Members & Superintendents,

The 2019 New Mexico Legislative Session reached the halfway point yesterday and along with it came the deadline for bill introductions. In the end, 157 bills, memorials and resolutions were introduced which are directly related to public schools/education. Click here to access this listing. Our activity this week focused on the House and Senate Education Committees. The following is a listing of bills that were approved by these committees along with a few bills that passed the full House or Senate. See you next Thursday for our Day at the Capital and on Friday and Saturday for the 2019 NMSBA Board Institute!

Bills passed by House Education Committee

HB 5/a  Public Education Changes – R. Gonzales  (LESC)
Makes changes to the Public School Funding formula; changes the definition of “school-age person”; requires performance based budgeting; creates a rural population rate; limits school size adjustments; limits charter school membership; provides for extended learning time; creates a reform fund; makes K-5 plus an ongoing program; increases teacher and principal minimum salaries; repeals the K-3 plus program; makes an appropriation.                                                                    

HB 121  Social Services as Basic Sufficient Education – Roybal Caballero
Relating to public education improvements; specifying that nursing, school counseling and behavioral health services are part of a basis sufficient education; requiring school districts and charter schools to develop and submit annual social service plans to the PED; requiring monitoring of plans.  

HB 236/a  Attendance for Success Act – Ruiloba
Relating to public school attendance; enacting the attendance for success act; providing for prevention of absences and earlier intervention for students who are absent or chronically absent; providing a process for prevention of absences, for early intervention, for specialized supports and for referrals to the CYFD; requiring data collection and use; repealing the compulsory school attendance.

HB 265/a  Seat Belts in School Buses – Chatfield
Relating to motor vehicles; requiring that all school buses purchased on or after January 1, 2020 have seat belts, stability control and collision and avoidance systems.

HB 299  Career & Technical Student Organization – Chatfield/Brown
Making an appropriation to support state-chartered middle and high school and post-secondary intra- and co- curricular career and technical student organizations statewide.

HB 394/a  Cultural & Linguistic Appropriate Education - Salazar
Recognizing and protecting New Mexico public school student’s rights to an adequate educational program that is culturally and linguistically responsive and conducted with culturally and linguistically appropriate strategies, curricula and materials.

HB 397  School Employee Minimum Salaries -  L. Trujillo/C. Trujillo
Relating to labor; increasing the minimum salary for school employees.                 

HB 400  School Media Literacy Advisory Committee  -  Maestas/McQueen
Creating a media literacy advisory committee; providing duties to the PED pertaining to media literacy education; making an appropriation.

HB 415  True Talent Acceleration Fund  -  Small
Relates to education; creates the True Talent Acceleration Fung; creates an advisory council; provides funding for Dual Credit Courses as the means to accelerate student completion of degree or certificate programs that lead to careers or higher education; making an appropriation.

Bills passed by Senate Education Committee

SB 170  Phase Out Impact Aid as Fed Revenue in SEG – Sanchez
Relating to public school finance; phasing out the inclusion of impact aid in the definition of “federal revenue” for the purpose of determining the SEG distribution; making an appropriation.

SB 295/a  School Facilities Authority Expenditures – Soules  (PSCOTF)
Amending the public school capital outlay act; changing the formula of maximum annual expenditures of the public school facilities authority.

CS/SB 329  Opening Public Schools on Tribal Land – Lopez
Requiring School Districts and Charter Schools to consult with tribal leaders and members and families of students when considering opening a public school on tribal land; requiring that consultation must include not just land use by culturally relevant programming, language immersion, school calendars, accountability, professional development for school personnel that focuses on improving educational outcomes for Indian Students and other matters important to tribes; requiring consultation with tribal leaders and members and families of students when the PED, a school district or a charter school is considering closing a school on tribal land, including plans for where students will attend school and how cultural needs and educational outcomes for Indian Students attending new schools will be satisfied.     

SB 331  Charter School Nepotism & Monitoring – Lopez
Relating to charter schools; clarifying the powers and duties of chartering authorities in monitoring charter schools; allowing a chartering authority to suspend a governing body; clarifying the public school code prohibition against nepotism.                                              

CS/SB 391  High School GED External Diploma -  Brandt
Authorizing the PED to select an external diploma program for adults who have not graduated from high school.

SB 353  Career & Tech Student Organizations  -  Campos/Woods
Making an appropriation to support state-chartered middle and high school and post-secondary intra- and co-curricular career and technical student organizations statewide.

SB 377  School True Talent Acceleration Fund – Munoz
Creates the true talent acceleration fund; creates an advisory council; provides funding for dual credit courses as the means to accelerate student completion o degree or certificate programs that lead to careers or higher education; makes an appropriation.

SB 429/a  Virtual Charter Schools  – Stewart
Requiring the PED to charter virtual charter schools that will draw students from more than one school district; allowing a school district to charter a virtual charter school that will only enroll students who reside in the school district; providing powers and duties; limiting the number of students a new virtual charter school may enroll until the virtual charter school has demonstrated that its performance meets or exceeds its performance targets; setting out additional requirements for applications and virtual charter contracts; requiring additional, rigorous monitoring and oversight by the chartering authority; allowing for the elimination of underperforming grades in renewal applications if student performance does not meet contract requirements.

SB 439  Educational Retirement Board Membership  -  Sedillo/Lopez
Relating to the Educational Retirement Board; changing the membership of the Board.

SJM 2 Commit to Elimination of Achievement Gap  - Padilla/C. Trujillo
Expressing support for a strengthened commitment to the elimination of the achievement gap in New Mexico.

SJM 3/a  Middle School Family & Consumer Sciences  -  Sanchez
Requesting the Secretary of PED to explore methods to reinstate and support middle school family and consumer sciences programs.

Bills Passed by House of Representatives

HB 133 School Sexual Activity Consent Standards – Thomson
Requiring public schools 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 and stalking; amending the public school code to include a requirement to set affirmative consent as the standard for sexual activity.

HB 240 Use of Teacher Attendance for Evaluations – Harper/Romero/Chandler
Restricting the use of teacher attendance in the evaluation system; allows teachers to use personal leave and up to 10 days of sick leave without attendance impacting their annual performance evaluation, as long as leave is taken consistent with policies of the local school board or charter school governing body.

Bills Passed by Senate

SB 147 School Safety Drill Requirements - Brandt
Changes the requirements for school emergency drills from approximately 13 emergency drills per school year to four emergency drills per year. Two of the emergency drills would be required to be shelter-in-place drills that include preparation to respond to an active shooter and two of the emergency drills would be required to be evacuation drills.

SB 231 Public School Capital Outlay Calculations - Stewart
Makes technical corrections to the Public School Capital Outlay Act, particularly concerning the calculation of the state and local match formula that determines the portion of project costs school districts and charter schools.

Please stay informed, involved, and engaged with NMSBA’s Legislative Highlights which we will send you throughout the legislative session. Don’t forget to download our 2019 NMSBA Legislative Program and fell free to contact me or Lilliemae Ortiz, our Legislative Liaison, 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
I Am…New Mexico Public Schools!

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