FINAL ACTION BY THE 2013 LEGISLATURE and GOVERNOR SUZANNA MARTINEZ

(The 2013 final analysis of 2013 Legislative and Governor action is an analysis by Mary Lou Cameron and any errors in reporting are unintended.)

Confirmation of Secretary-Designate Hanna Skandera Denied

The Legislature recessed without confirmation of Secretary Designate Hanna Skandera.  The title of Secretary –Designate will continue without the removal of the word “Designate”.

Funding Bills

The House Appropriations and Finance Committee's Substitute Budget Bill HB2, the General Appropriations Act, was signed by the Governor and  includes a 1% pay raise for all educational employees. Direct education reform funding includes $11.5 million for the State’s early reading initiative, $4.0 million for direct assistance to schools that receive a grade of D or F under the states A-F grading system, and $1.5 million for a new program to recruit more science and math teachers in under served areas of New Mexico.  Pre-K and K-3 Plus funding will also each increase by $4.9 million.

Retirement Bills

SB 115 (amended) was signed by Governor Martinez. Sponsored by Senator Stuart Ingle, it passed both the Senate and House.  The bill reduces the COLA for all retirees until the plan is 100% funded.  The COLA reduction is based on the median retirement benefit of all retirees excluding disability retirements.  Based on the 2012 year, the median was $1,481. The retirees with benefits at or below the median AND with 25 or more years' service will have a 10% COLA reduction.  All other retirees will have a 20% COLA reduction.  With the amendment, ERB's funded ratio is projected to be 101% in 2043.  The second amendment added language that if the fund reaches 90% funding before 2043, the COLA reductions become 5% and 10%, down from 10% and 20% until 100% funding is reached.

Another retirement bill,

House Bill 96, sponsored by Rep. Dennis Roch, died for lack of action by either House or Senate. This bill would have allowed ERB members to convert unused sick leave into earned service credit for the purpose of retirement eligibility and calculating retirement benefits. 

School Grading A-F Senate Bill 587 was vetoed by Governor Martinez.  Introduced by Senator Howie Morales, the bill passed the Senate and House but vetoed by the governor. The bill would have repealed the A-B-C-D-F Schools Rating Act and enacted a temporary provision creating the State School Grades Council, a two-year body administratively attached to the Public Education Department.

Teacher Competency

Committee substitute for House Bill 481, Evidence of Teacher Competency, sponsored by Rep. Sheryl Stapleton, was vetoed by the governor.    This bill would have changed competency requirements for licensure advancement.

Cyberbullying Prevention Policies Now in Law

House Bill 54, sponsored by Rep. Sheryl Stapleton and Rep. Rick Miera was signed by Governor Martinez.  The bill amends the Public School Code to require local school boards to promulgate cyberbullying prevention policies by August 2013 that require:

• all licensed school employees to complete training on how to recognize signs of cyberbullying;

• any licensed school employee who has information about or a reasonable suspicion that a person is being cyberbullied to report to the principal or superintendent, or both;

• school administrators or local superintendents who receive a report of cyberbullying to take immediate steps to ensure a prompt investigation of the report; and

• school administrators to take prompt disciplinary action in response to cyberbullying confirmed through investigation.

Furthermore,the bill requires each local school board to amend its disciplinary policies, as necessary, to ensure compliance with the bill’s provisions.

Finally, the bill defines cyberbullying as “the use of communication technologies, including internet and mobile telecommunication services, to intimidate, control, manipulate, falsely discredit, humiliate, embarrass, or otherwise harm another person.”

Denote Proficiency in Two or More Languages Bill Receives Pocket Veto

House Bill 541, sponsored by Representative Rick Miera would have established a seal to denote proficiency in two or more languages and created a bilingual education advisory council. 

Three-tiered Licensure System Vetoed

Representative Sheryl Stapleton’s

HB 481 was vetoed.  It would have protected the current three-tiered licensure system from being changed by the Public Education Department Rule making authority. 

Graduation Requirements

House Bill 513, Certain School Tests as Competence, sponsored by Rep. Mimi Stewart, was vetoed by the governor. The bill would have changed requirements for students seeking to graduate from high school during or after school year 2014-2015.

Eligibility for K-2 Plus Program

HB 310 was signed by the governor.  It amends the Public School Code to change the eligibilityfor the K-3 Plus program to include • public schools in which 80 percent or more of the students are eligible for free or reduced-fee lunch at the time the public school applies for the program; or an elementary school with a D.

Data for School Grades

HB 112 DATA IN SCHOOL ACCOUNTABILITY REPORTS Powdrell-Culbert- Signed. This bill requires public schools to report and the Public Education Department (PED) to include disaggregated data in school grades by using stated categories for ethnicity and race, limited English proficiency, students with disabilities, poverty and gender.

HB 300 SCHOOL EXCUSED ABSENCES FOR PREGNANCY -  Gallegos –Signed

Among other requirements, HB 300 requires that school district policies provide at least 10 days of excused absences for a student who provides documentation of the birth of the student’s child; and excused absences for any additional days missed by a pregnant or parenting student for which a longer period of absence is deemed medically necessary by the student’s physician; and  clarifies that the additional four days of excused absences for a student who provides appropriate documentation of pregnancy or that the student is the parent of a child under the age of 13 needing care are allowed per semester .

HJM 30 STUDY USES OF STANDARDIZED TEST SCORES – Stewart-Passed.  This memorial will be referred to the Legislative Education Study Committee for study during the interim.  (A House Joint Memorial does not require action by the governor.)

SB 164 EQUALIZATION GUARANTEE AT SCHOOL FOR THE ARTS - Rodriguez –Signed

 SB 164 amends the New Mexico School for the Arts Act to allow the use of public funds, but prohibit the use of State Equalization Guarantee (SEG) Distributions, for outreach activities and student room and board costs beginning with the 2013-2014 school year.

EDUCATIONAL BILLS VETOED by Governor Martinez or receiving a pocket veto (of lack of action by the governor) include:

HB 192 SCHOOL PROGRAM UNITS FOR CERTAIN PERSONNEL, C Trujillo-Vetoed

SB 147   EDUCATION TECHNOLOGY -Vetoed

SB 183 REPLACE GED TERMS WITH EQUIVALENCY DIPLOMA -  Kernan –PocketVeto

SB 231 SCHOOL DISTRICT & CHARTER SCHOOL INVESTMENTS Keller –Pocket Veto

According to the Legislative Web Site, the following educational bills are listed as not passing both sessions of the legislature this session.

HB 67 ACADEMIC CONTENT & PERFORMANCE STANDARDS McCamley 

HB 158 SCHOOL PERFORMANCE-BASED BUDGETING Lundstrom , Sapien

HB 197 SCHOOL SECURITY & PARENT IDENTIFICATION Jeff

HB 213 MINORITY MATH, ENGINEERING & SCIENCE PROGRAM Sandoval 

HB 215 REMOVE SCHOOL AYP & FUNDING INCENTIVES Roch  

HB 278AFTER-SCHOOL ENRICHMENT PROGRAMS Trujillo CH 

HB 291 SCHOOL DEFERRED-MAINTENANCE ISSUES Gonzales

HB 314 CHARTER SCHOOL FACILITY PROCEDURES Larrañaga

HB 332 EDUCATION FOR DEAF & HARD-OF-HEARING STUDENTS Hall

HB 338 NM GROWN FRESH PRODUCE FOR MEALS Hall

HB 339 ANNUAL EDUCATOR ACCOUNTABILITY REPORT DATE Miera

HB 342 INDIAN EDUCATION ACT GOALS Jeff 

HB 434BERNALILLO MATH & SCIENCE SKILLS PROGRAM Stapleton

HB 459 SPECIAL EDUCATION EQUALIZATION GUARANTEE Stewart

HB 477 TEACHER MENTORSHIP PROGRAM Gallegos DY 

HB 510 HIGH-POVERTY SCHOOL ACHIEVEMENT GAP Sandoval 

HB 538 NATIVE AMERICAN LANGUAGE TEACHER DEVELOPMENT Miera

HB 539 NM HIGHLANDS PUBLIC SCHOOL TEACHER ASSISTANCE Miera

HJM 29 LESC A-F SCHOOL GRADING SYSTEM STUDY Stewart

HJM 37 READING LITERACY OF INDIAN CHILDREN Miera

HJR 7 LIMIT SCHOOL CLASS SIZES, CA Garcia Richard

SB 19 OFFICE OF SCHOOL AND ADOLESCENT HEALTH Papen 

SB 80 NM-GROWN PRODUCE IN SCHOOL MEALS Campos

SB 179 COMMUNITY SCHOOLS ACT  McSorley

SB 225 EARLY CHILDHOOD TEACHER RETENTION PROJECT Rodriguez 

SJR 2 LIMIT SCHOOL CLASS SIZES, CA Keller

A special thank you to Prestine Parten, Instructional Technology Specialist, for keeping the 2013 Legislative Website updated.