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+FIFTY-SEVENTH LEGISLATURE
+
+SECOND SESSION, 2026
+
+February 9, 2026
+
+Mr. Speaker:
+
+    Your EDUCATION COMMITTEE, to whom has been referred
+
 HOUSE BILL 253
-57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
-INTRODUCED BY
-Joy Garratt and William P. Soules and Susan K. Herrera
-AN ACT
-RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL FINANCE
-ACT; REQUIRING SCHOOL DISTRICTS AND CHARTER SCHOOLS TO REPORT
-MEMBERSHIP ESTIMATES OF STUDENTS TO BE ENROLLED AS DISTANCE
-LEARNING STUDENTS; REQUIRING SCHOOL DISTRICTS AND CHARTER
-SCHOOLS TO MAINTAIN CERTAIN RECORDS REGARDING STUDENTS ENROLLED
-IN A DISTANCE LEARNING PROGRAM; EXCLUDING A SCHOOL DISTRICT'S
-MEMBERSHIP OF STUDENTS ENROLLED IN DISTANCE LEARNING PROGRAMS
-FROM THE CALCULATION FOR SIZE ADJUSTMENT PROGRAM UNITS;
-AMENDING THE STATEWIDE CYBER ACADEMY ACT AND RENAMING THAT ACT
-THE "DISTANCE LEARNING ACT"; REMOVING EXISTING DEFINITIONS AND
-DEFINING NEW TERMS IN THE PUBLIC SCHOOL FINANCE ACT AND THE
-DISTANCE LEARNING ACT; REMOVING THE REQUIREMENT THAT THE
-STATEWIDE CYBER ACADEMY BE A COLLABORATIVE PROGRAM; PROVIDING
-ALL-NEW REQUIREMENTS FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS
-THAT OPERATE DISTANCE LEARNING PROGRAMS; PLACING RESTRICTIONS
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-ON STUDENT ENROLLMENT IN DISTANCE LEARNING PROGRAMS AND
-PROVIDING EXCEPTIONS; CLARIFYING THE REQUIREMENTS OF SCHOOL
-DISTRICTS AND CHARTER SCHOOLS REGARDING DISTANCE LEARNING AND
-STUDENTS WITH DISABILITIES; REQUIRING PUBLIC EDUCATION
-DEPARTMENT APPROVAL OF DISTANCE LEARNING PROGRAMS; PROVIDING A
-PROCESS FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS TO APPLY FOR
-APPROVAL OF A PROGRAM; MAKING CONFORMING AMENDMENTS; ENACTING
-TEMPORARY PROVISIONS RELATING TO THE PUBLIC SCHOOL FINANCE ACT;
-ENACTING TEMPORARY PROVISIONS RELATING TO THE DISTANCE LEARNING
-ACT; REPEALING SECTION 22-30-8 NMSA 1978 (BEING LAWS 2007,
-CHAPTER 292, SECTION 7 AND LAWS 2007, CHAPTER 293, SECTION 7);
-DECLARING AN EMERGENCY.
-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
-SECTION 1.  Section 22-8-2 NMSA 1978 (being Laws 1978,
-Chapter 128, Section 3, as amended) is amended to read:
-"22-8-2.  DEFINITIONS.--As used in the Public School
-Finance Act:
-A.  "ADM" or "MEM" means membership;
-B.  "membership" means the total enrollment of
-qualified students on the current roll of a class or school on
-a specified day.  The current roll is established by the
-addition of original entries and reentries minus withdrawals.
-Withdrawals of students, in addition to students formally
-withdrawn from the public school, include students absent from
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-the public school for as many as ten consecutive school days;
-provided that withdrawals do not include students who are in
-need of intervention or who are chronically or excessively
-absent;
-C.  "basic program ADM" or "basic program MEM" means
-the MEM of qualified students but excludes the full-time-
-equivalent MEM in early childhood education and three- and
-four-year-old students receiving special education services;
-D.  "cost differential factor" is the numerical
-expression of the ratio of the cost of a particular segment of
-the school program to the cost of the basic program in grades
-four through six;
-E.  "department" or "division" means the public
-education department;
-F.  "distance learning student" means a qualified
-student enrolled in a full-time distance learning program in
-accordance with the Distance Learning Act;
-[F.] G.  "early childhood education ADM" or "early
-childhood education MEM" means the full-time-equivalent MEM of
-students attending approved early childhood education programs;
-[G.] H.  "family income index rate" means the
-percentage of students in a school district or charter school
-that is identified as either extremely low income or very low
-income by the family income index;
-[H.] I.  "full-time-equivalent ADM" or "full-time-
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-equivalent MEM" is that membership calculated by applying to
-the MEM in an approved public school program the ratio of the
-number of hours per school day devoted to the program to six
-hours or the number of hours per school week devoted to the
-program to thirty hours;
-[I.] J.  "operating budget" means the annual
-financial plan and educational plan required to be submitted by
-a local school board or governing body of a state-chartered
-charter school;
-[J.] K.  "performance measure" means a quantitative
-indicator used to assess the output or outcome of an approved
-program;
-[K.] L.  "performance target" means the expected
-level of performance of a program's performance measure;
-[L.] M.  "program cost" is the product of the total
-number of program units to which a school district is entitled
-multiplied by the dollar value per program unit established by
-the legislature;
-[M.] N.  "program element" is that component of a
-public school system to which a cost differential factor is
-applied to determine the number of program units to which a
-school district is entitled, including MEM, full-time-
-equivalent MEM, teacher, classroom or public school;
-[N.] O.  "program unit" is the product of the
-program element multiplied by the applicable cost differential
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-factor;
-[O.] P.  "public money" or "public funds" means all
-money from public or private sources received by a school
-district or state-chartered charter school or officer or
-employee of a school district or state-chartered charter school
-for public use;
-[P.] Q.  "qualified student" means a public school
-student who:
-(1)  has not graduated from high school;
-(2)  is regularly enrolled in one-half or more
-of the minimum course requirements approved by the department
-for public school students; and
-(3)  in terms of age and other criteria:
-(a)  is at least five years of age prior
-to 12:01 a.m. on September 1 of the school year;
-(b)  is at least three years of age at
-any time during the school year and is receiving special
-education services pursuant to rules of the department;
-(c)  except as provided in Subparagraph
-(d) of this paragraph, has not reached the student's twenty-
-second birthday on the first day of the school year; or
-(d)  has reached the student's twenty-
-second birthday on the first day of the 2019-2020 school year,
-is counted in a school district's or charter school's MEM on
-the third reporting date of the 2018-2019 school year, has been
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-continuously enrolled in the same public school since that
-reporting date and is still enrolled in that school;
-[Q.] R.  "rural population rate" means that
-proportion of the total population within a school district's
-geographic boundaries that lives in a rural area and not in an
-urban area as defined by the United States census bureau;
-[R.] S.  "staffing cost multiplier" means the
-teacher cost index; and
-[S.] T.  "state superintendent" or "secretary" means
-the secretary of public education or the secretary's designee."
-SECTION 2.  Section 22-8-12.1 NMSA 1978 (being Laws 1978,
-Chapter 128, Section 5, as amended) is amended to read:
-"22-8-12.1.  MEMBERSHIP PROJECTIONS AND BUDGET
-REQUESTS.--
-A.  On or before October 15 of each year, each local
-school board or governing body of a state-chartered charter
-school shall submit [annually, on or before October 15] to the
-department:
-(1)  an estimate for the succeeding fiscal year
-of:
-(a)  the membership of qualified students
-to be enrolled in the basic program;
-(b)  the membership of students to be
-enrolled as distance learning students;
-[(b)] (c)  the full-time-equivalent
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-membership of students to be enrolled in approved early
-childhood education programs; and
-[(c)] (d)  the membership of students to
-be enrolled in approved special education programs;
-(2)  all other information necessary to
-calculate program costs; and
-(3)  any other information related to the
-financial needs of the school district or state-chartered
-charter school as may be requested by the department.
-B.  [All] The information [requested] submitted
-pursuant to Subsection A of this section shall be submitted on
-forms prescribed and furnished by the department and [shall
-comply] in accordance with the department's rules and
-procedures.
-C.  The department shall:
-(1)  review the financial needs of each school
-district or state-chartered charter school for the succeeding
-fiscal year;
-(2)  [submit annually] on or before September 1
-of each year, submit to the department of finance and
-administration, the legislative finance committee and the
-legislative education study committee the department's
-recommendations [of the department] for:
-(a)  amendments to the public school
-finance formula;
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-(b)  appropriations for the succeeding
-fiscal year to the public school fund; and
-(c)  appropriations for the succeeding
-fiscal year for pupil transportation and instructional
-materials; and
-(3)  [submit annually] on or before November 30
-of each year, submit to the department of finance and
-administration, the legislative finance committee and the
-legislative education study committee any adjustments to the
-department's recommendations [of the department] for
-appropriations related to additional enrollment growth program
-units pursuant to Section 22-8-23.1 NMSA 1978."
-SECTION 3.  Section 22-8-13 NMSA 1978 (being Laws 1974,
-Chapter 8, Section 3, as amended) is amended to read:
-"22-8-13.  REPORTS.--
-A.  Each public school shall keep accurate records
-concerning membership in the public school.
-B.  The dates for which MEM is reported are as
-follows:
-(1)  the first reporting date is the second
-Wednesday in October of each year;
-(2)  the second reporting date is December 1 or
-the first working day in December of each year; and
-(3)  the third reporting date is the second
-Wednesday in February of each year.
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-C.  The superintendent of each school district or
-head administrator of [a] each state-chartered charter school
-shall maintain the following reports for each reporting period:
-(1)  the basic program MEM by grade in each
-public school;
-(2)  the early childhood education MEM;
-(3)  the special education MEM in each public
-school in class C and class D programs as defined in Section
-22-8-21 NMSA 1978;
-(4)  the number of class A and class B programs
-as defined in Section 22-8-21 NMSA 1978; [and]
-(5)  the full-time-equivalent MEM for bilingual
-multicultural education programs; and
-(6)  the distance-learning-student MEM by grade
-in each public school.
-D.  The superintendent of each school district and
-the head administrator of each state-chartered charter school
-shall furnish all reports required by law or the department to
-the department [within ten working days of] on or before the
-close of each reporting period or as otherwise requested by the
-department.  Failure of the department to approve timely
-submissions shall not cause a school district or charter school
-to be found noncompliant with the requirements of this section.
-E.  For purposes of this section, "working day"
-means every calendar day excluding Saturdays, Sundays and legal
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-holidays.
-[E.  All] F.  The information required pursuant to
-this section shall be [on forms] submitted in a manner
-prescribed [and furnished] by the department.  A copy of any
-report made pursuant to this section shall be kept as a
-permanent record of the school district or charter school and
-shall be subject to inspection and audit at any reasonable
-time.
-[F.] G.  The department may withhold up to one
-hundred percent of allotments of funds to any school district
-or state-chartered charter school where the superintendent or
-head administrator has failed to comply with the requirements
-of this section.  The withholding may continue until the
-superintendent or head administrator complies with and agrees
-to continue complying with the requirements of this section.
-[G.] H.  The provisions of this section may be
-modified or suspended by the department for any school
-district, [or] school or state-chartered charter school
-operating under the Variable School Calendar Act.  The
-department shall require MEM reports consistent with the
-calendar of operations of such school district, [or] school or
-state-chartered charter school and shall calculate an
-equivalent MEM for use in projecting school district or charter
-school revenue."
-SECTION 4.  Section 22-8-23 NMSA 1978 (being Laws 1975,
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-Chapter 119, Section 1, as amended by Laws 2019, Chapter 206,
-Section 14 and by Laws 2019, Chapter 207, Section 14) is
-amended to read:
-"22-8-23.  SIZE ADJUSTMENT PROGRAM UNITS.--
-A.  An approved public school [including a charter
-school] with a MEM of fewer than four hundred, including early
-childhood education full-time-equivalent MEM but excluding
-membership in class C and class D programs and excluding full-
-time-equivalent membership in three- and four-year-old
-developmentally disabled programs, that is geographically
-located in a school district with fewer than two thousand MEM,
-is eligible for additional program units.  Separate schools
-established to provide special programs, including [but not
-limited to] vocational and alternative education, shall not be
-classified as public schools for purposes of generating size
-adjustment program units.  The number of additional program
-units to which a school district or charter school is entitled
-under this subsection is the sum of elementary-junior high
-units and senior high units computed in the following manner:
-Elementary-Junior High Units
-200 - MEM
-_________ x 1.0 x MEM = Units
-  200
-where MEM is equal to the membership of an approved elementary
-or junior high school, including early childhood education
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-full-time-equivalent membership but excluding membership in
-class C and class D programs and excluding full-time-equivalent
-membership in three- and four-year-old developmentally disabled
-programs;
-Senior High Units
-200 - MEM
-_________ x 2.0 x MEM = Units
-  200
-or,
-Senior High Units
-400 - MEM
-_________ x 1.6 x MEM = Units
-  400
-whichever calculation for senior high units is higher, where
-MEM is equal to the membership of an approved senior high
-school, excluding membership in class C and class D programs.
-B.  An approved public school with a MEM of fewer
-than four hundred, including early childhood education full-
-time-equivalent MEM but excluding MEM in class C and class D
-programs and excluding full-time-equivalent MEM in three- and
-four-year-old developmentally disabled programs, geographically
-located in a school district with two thousand MEM or more is
-eligible for additional program units computed in the following
-manner:
-(1)  for fiscal year 2020, eighty percent of
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-the sum of elementary-junior high units and senior high units
-as prescribed in Subsection A of this section;
-(2)  for fiscal year 2021, sixty percent of the
-sum of elementary-junior high units and senior high units as
-prescribed in Subsection A of this section;
-(3)  for fiscal year 2022, forty percent of the
-sum of elementary-junior high units and senior high units as
-prescribed in Subsection A of this section;
-(4)  for fiscal year 2023, twenty percent of
-the sum of elementary-junior high units and senior high units
-as prescribed in Subsection A of this section; and
-(5)  for fiscal year 2024 and subsequent fiscal
-years, no elementary-junior high units and senior high units as
-prescribed in Subsection A of this section.
-C.  A school district with total MEM of fewer than
-four thousand, including early childhood education full-time-
-equivalent MEM, is eligible for additional program units.  The
-number of additional program units to which a school district
-is entitled under this subsection is the number of district
-units computed in the following manner:
-District Units
-4,000 - MEM
-___________ x 0.15 x MEM = Units
-  4,000
-where MEM is equal to the total district membership,
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-including early childhood education full-time-equivalent
-membership.
-D.  A school district [as defined in Subsection R of
-Section 22-1-2 NMSA 1978] with a MEM of fewer than two hundred,
-including early childhood education full-time-equivalent MEM,
-is eligible for additional program units if the department
-certifies that the school district has implemented practices to
-reduce scale inefficiencies, including shared service
-agreements with regional education cooperatives or other school
-districts for noninstructional functions and distance
-education.  The numbers of additional program units to which a
-school district is entitled under this subsection is the number
-of units computed in the following manner:
-200 - MEM = Units
-where MEM is equal to the total district MEM, including early
-childhood education full-time-equivalent MEM.
-E.  A school district with a rural population rate
-greater than forty percent or a charter school initially
-chartered before July 1, 2018 and geographically located in a
-school district with a rural population rate greater than forty
-percent is eligible for additional program units.  The number
-of additional program units to which a school district or
-charter school is entitled pursuant to this subsection is
-determined by multiplying the full-time-equivalent MEM by the
-rural population rate and the cost differential factor of [0.03
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-for fiscal year 2020, 0.06 for fiscal year 2021, 0.09 for
-fiscal year 2022, 0.12 for fiscal year 2023 and 0.15 for fiscal
-year 2024 and subsequent fiscal years] 0.15; provided that the
-full-time-equivalent MEM used for this determination does not
-include membership derived from distance learning students."
-SECTION 5.  Section 22-30-1 NMSA 1978 (being Laws 2007,
-Chapter 292, Section 1 and Laws 2007, Chapter 293, Section 1)
-is amended to read:
-"22-30-1.  SHORT TITLE.--[Sections 1 through 7 of this
-act] Chapter 22, Article 30 NMSA 1978 may be cited as the
-["Statewide Cyber Academy Act"] "Distance Learning Act"."
-SECTION 6.  Section 22-30-2 NMSA 1978 (being Laws 2007,
-Chapter 292, Section 2 and Laws 2007, Chapter 293, Section 2)
-is amended to read:
-"22-30-2.  DEFINITIONS.--As used in the [Statewide Cyber
-Academy Act:
-A.  "course provider" means a person that supplies
-educational course content for distance learning courses;
-B.  "distance learning course" means an educational
-course that is taught where the student and primary instructor
-are separated by time or space and linked by technology;
-C.  "distance learning student" means a qualified
-student as defined in Section 22-8-2 NMSA 1978 who is enrolled
-in one or more distance learning courses for credit;
-D.  "learning management system" means a software
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-application that facilitates online instruction and interaction
-between teachers and distance learning students;
-E.  "local distance learning site" means a school
-district or charter school that offers and grants credit for
-distance learning courses to distance learning students
-enrolled in the school district or charter school;
-F.  "primary enrolling district" means the school
-district or charter school in which the distance learning
-student is enrolled;
-G.  "regional host" means an educational
-institution, school district or other entity selected by the
-statewide cyber academy to coordinate the delivery of distance
-learning courses within a broad geographic region of the state;
-H.  "service center" means the single central
-facility where administrative and management functions of the
-statewide cyber academy are physically located in New Mexico;
-and
-I.  "statewide cyber academy" means the department's
-collaborative program that offers distance learning courses to
-all local distance learning sites] Distance Learning Act:
-A.  "distance learning course" means an educational
-course provided through virtual instruction;
-B.  "distance learning student" means a qualified
-student in accordance with the provisions of the Public School
-Finance Act who is enrolled in a full-time distance learning
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-program; and
-C.  "full-time distance learning program" means a
-public school instructional program in which students receive
-virtual instruction and are not required to attend school at a
-school building."
-SECTION 7.  Section 22-30-3 NMSA 1978 (being Laws 2007,
-Chapter 292, Section 3 and Laws 2007, Chapter 293, Section 3)
-is amended to read:
-"22-30-3.  STATEWIDE CYBER ACADEMY CREATED.--The
-"statewide cyber academy" [program] is created as a program in
-the department.  [The statewide cyber academy is a
-collaborative program among the department, the higher
-education department, telecommunications networks and
-representatives of other state agencies engaged in providing
-distance education.] The statewide cyber academy [shall] may
-provide distance learning courses for [grades six through
-twelve] sixth grade through twelfth grade and professional
-development for teachers, instructional support providers and
-school administrators."
-SECTION 8.  Section 22-30-4 NMSA 1978 (being Laws 2007,
-Chapter 292, Section 4 and Laws 2007, Chapter 293, Section 4)
-is amended to read:
-"22-30-4.  DEPARTMENT RULES.--The department shall
-promulgate rules to carry out the provisions of the [Statewide
-Cyber Academy] Distance Learning Act."
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-SECTION 9.  Section 22-30-5 NMSA 1978 (being Laws 2007,
-Chapter 292, Section 5 and Laws 2007, Chapter 293, Section 5)
-is amended to read:
-"22-30-5.  [STATEWIDE CYBER ACADEMY] FULL-TIME DISTANCE
-LEARNING PROGRAM--DUTIES.--[The statewide cyber academy shall:
-A.  establish a distance learning course delivery
-system that is efficient and cost-effective and that uses a
-statewide service center and regional hosts to provide approved
-distance learning courses;
-B.  select regional hosts based on pre-existing
-experience and capacity to facilitate the delivery of distance
-educational programs, including public post-secondary
-educational institutions, regional education cooperatives and
-school districts;
-C.  provide technical and program support to
-regional hosts and local distance learning sites;
-D.  ensure that all distance learning courses
-offered by course providers are taught by highly qualified
-teachers or members of the faculty of accredited post-secondary
-educational institutions and meet state academic content and
-performance standards;
-E.  provide for reasonable and equitable means to
-allocate the costs of distance learning courses among the
-statewide cyber academy, the course providers and the school
-districts whose students are enrolled in a distance learning
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-course;
-F.  give first priority to the delivery of distance
-learning courses for credit to distance learning students who
-have the greatest need because of geographic location or
-circumstances in which a school district may have difficulty
-delivering essential course instruction due to financial
-restraints or lack of highly qualified teachers; provided that
-in fiscal year 2008 the statewide cyber academy shall include,
-among those distance learning students who are determined to
-have the greatest need, distance learning students served by
-school districts that are members of regional education
-cooperatives three, eight and nine;
-G.  ensure that the statewide cyber academy's
-learning management system is compatible with school district
-and department data collection, analysis and reporting systems;
-H.  ensure that all deficiencies in the
-infrastructure, hardware and software in the statewide cyber
-academy are corrected in accordance with educational technology
-adequacy standards pursuant to Section 22-15A-11 NMSA 1978;
-I.  comply with all rules governing privacy and
-confidentiality of student records for secure record storage;
-J.  offer distance learning courses to distance
-learning students;
-K.  offer professional development via distance
-learning, using a learning management system;
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-L.  assist the council on technology in education in
-its development of the statewide plan required by Section
-22-15A-7 NMSA 1978, including a statewide cyber academy plan
-that addresses short- and long-range goals;
-M.  define and coordinate the roles and
-responsibilities of the collaborating agencies to establish a
-distance learning governance and accountability framework; and
-N.  conduct an annual evaluation and provide an
-annual report to the department and the legislature that
-includes a detailed report of expenditures; a description of
-services provided, including the number and location of local
-distance learning sites, public schools and distance learning
-students served; the courses offered; the credits generated by
-local distance learning sites; and student and teacher
-accountability reporting data.]
-A.  A school district or charter school that offers
-a full-time distance learning program shall:
-(1)  administer the program in compliance with
-the Public School Code, including Section 22-2-8.1 NMSA 1978
-regarding required instructional hours and Section 22-10A-20
-NMSA 1978 regarding class load and teaching load limits;
-(2)  administer the program in compliance with
-state and federal law regarding student privacy, student record
-confidentiality and secure student record storage;
-(3)  only provide distance learning courses
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-that are taught by licensed teachers or faculty members of
-accredited post-secondary educational institutions and that
-meet the department's academic content and performance
-standards;
-(4)  on or before October 15 of each year,
-notify the department as to the number of students enrolled in
-the program and the grade level of the enrolled students; and
-(5)  maintain records of the district's or
-charter school's expenditures related to the program and
-furnish the records to the department at the department's
-request and in the manner prescribed by the department.
-B.  A school district or charter school that
-operates a full-time distance learning program shall not expand
-the program to an additional grade level unless the school
-district or charter school certifies to the department that the
-program has sufficient courses for a full instructional program
-for the additional grade level."
-SECTION 10.  Section 22-30-6 NMSA 1978 (being Laws 2007,
-Chapter 292, Section 6 and Laws 2007, Chapter 293, Section 6)
-is amended to read:
-"22-30-6.  DISTANCE LEARNING STUDENTS--ENROLLMENT.--
-[A.  A student must be enrolled in a public school
-or a state-supported school and must have the permission of the
-student's local distance education learning site to enroll in a
-distance learning course.  A distance learning student shall
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-only be counted in the student's primary enrolling district for
-the purpose of determining the membership used to calculate a
-school district's state equalization guarantee.  A student
-shall have only one primary enrolling district.
-B.  A home school student may participate in the
-statewide cyber academy by enrolling for one-half or more of
-the minimum course requirements approved by the department for
-public school students in the school district in which the
-student resides; or, if the student is enrolled for less than
-one-half of the minimum course requirements, the student may
-participate in the statewide cyber academy by paying not more
-than thirty-five percent of the current unit value per
-curricular unit.
-C.  A student enrolled in a nonpublic school may
-participate in the statewide cyber academy if the school in
-which the student is enrolled enters into a contract with the
-school district in which the nonpublic school is located.
-D.  A student who is detained in or committed to a
-juvenile detention facility or a facility for the long-term
-care and rehabilitation of delinquent children may participate
-in the statewide cyber academy if the facility in which the
-student is enrolled enters into a contract with the school
-district in which the facility is located.]
-A.  A school district shall not:
-(1)  enroll a student in the district's full-
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-time distance learning program if the student does not reside
-in the district; provided that the department may waive this
-requirement if the department determines that a waiver is in
-the student's best interest;
-(2)  require a student to enroll in a full-time
-distance learning program;
-(3)  enroll a student in a full-time distance
-learning program if the student is in kindergarten through
-fifth grade unless the student's enrollment in the program is
-required or otherwise authorized pursuant to the federal
-Individuals with Disabilities Education Act or Section 504 of
-the federal Rehabilitation Act of 1973; or
-(4)  enroll more than ten percent of the
-district's MEM in a full-time distance learning program.
-B.  A charter school shall not:
-(1)  require a student to enroll in a full-time
-distance learning program;
-(2)  enroll a student in a full-time distance
-learning program if the student is in kindergarten through
-fifth grade unless the student's enrollment in the program is:
-(a)  required or otherwise authorized
-pursuant to the federal Individuals with Disabilities Education
-Act or Section 504 of the federal Rehabilitation Act of 1973;
-or
-(b)  authorized pursuant to the charter
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-school's charter or current charter contract; or
-(3)  enroll more than ten percent of the
-charter school's MEM in a full-time distance learning program
-unless authorized by the charter school's charter or current
-charter contract.
-C.  The provisions of Subsections A and B of this
-section do not apply to a school district or charter school if
-temporary enrollment of the district's or charter school's
-students in a full-time distance learning program is necessary
-or appropriate during a public health emergency declared
-pursuant to the Public Health Emergency Response Act."
-SECTION 11.  Section 22-30-7 NMSA 1978 (being Laws 2003,
-Chapter 162, Section 2) is amended to read:
-"22-30-7.  DISTANCE LEARNING AND COMPUTER-BASED COURSES.--
-[Public schools that offer distance learning and computer-based
-courses of study shall provide accompanying electronic formats
-that are usable by a person with a disability using assistive
-technology, and those formats shall be based on the American
-standard code for information interchange, hypertext markup
-language and extensible markup language] A school district or
-charter school that has a full-time distance learning program
-or offers distance learning courses or other computer-based
-courses of study shall provide accompanying instructional
-materials or other materials in an electronic format usable by
-a person with a disability or compatible with the person's
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-assistive technology."
-SECTION 12.  A new section of the Distance Learning Act is
-enacted to read:
-"[NEW MATERIAL] DEPARTMENT APPROVAL OF PROGRAMS.--
-A.  A school district or charter school may
-establish a full-time distance learning program only if the
-program is approved by the department.
-B.  A school district or charter school seeking to
-establish a full-time distance learning program shall submit an
-application to the department on or before October 15 of the
-school year immediately preceding the school year in which the
-district or charter school will begin operating the program.
-C.  The department shall approve or deny an
-application to establish a full-time distance learning program
-on or before January 30 of the school year in which the
-application was submitted.
-D.  The department may approve a school district's
-or charter school's full-time distance learning program if the
-department determines that the program is likely to improve
-learning opportunities for students and that the school
-district or charter school demonstrates the capacity of the
-program to comply with all provisions of the Public School
-Code.  If the school district's or charter school's program
-will be managed or operated by a contracted third party, the
-department shall consider information about the third party's
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-reputation, track record or past performance if such
-information is available.
-E.  The department's decision to deny an application
-to establish a full-time distance learning program is final and
-not subject to appeal.
- F.  The department shall review each approved full-
-time distance learning program at least once every three to
-five years to determine whether the program shall maintain the
-department's approval.
-G.  The Distance Learning Act shall not be construed
-to prohibit a charter or charter contract for a charter school
-that provides only virtual or online educational programming.
-H.  The department shall adopt rules for uniform
-requirements for full-time distance learning programs and for a
-uniform process for school districts or charter schools to
-apply to establish those programs."
-SECTION 13.  TEMPORARY PROVISIONS.--
-A.  On or before February 27, 2026, the secretary of
-public education may establish an adjusted unit value for use
-in accordance with the Public School Finance Act for the 2025-
-2026 school year.  In establishing the adjusted unit value, the
-secretary shall consult with the department of finance and
-administration, the legislative education study committee and
-the legislative finance committee.
-B.  In fiscal years 2026 and 2027, a school district
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-is not eligible for enrollment growth program units pursuant to
-Section 22-8-23.1 NMSA 1978 for students enrolled in a full-
-time distance learning program operated by a contracted third
-party that is a for-profit corporation.
-C.  In fiscal year 2027, a school district's MEM for
-use in accordance with the Public School Finance Act shall not
-include students who were enrolled in a full-time distance
-learning program in fiscal year 2026 if the program was
-operated by a contracted third party that is a for-profit
-corporation; provided that this section only applies to a
-school district with a MEM enrolled in full-time distance
-learning programs that accounts for more than seventy percent
-of the district's total MEM.
-D.  For fiscal year 2027, a student shall not enroll
-in a school district's or charter school's full-time distance
-learning program if the student was not enrolled in the program
-in fiscal year 2026 unless:
-(1)  the student's enrollment is required or
-otherwise authorized by the federal Individuals with
-Disabilities Education Act or Section 504 of the federal
-Rehabilitation Act of 1973; or
-(2)  the program is operated by a charter
-school that has a charter or current charter contract that
-includes full-time distance learning programs.
-E.  For fiscal year 2027, a school district or
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-charter school shall not reorganize to create a school
-district, school or school program that has a majority of
-students enrolled in a full-time distance learning program.
-For fiscal year 2027, a school district or the public education
-commission shall not authorize a new charter school that will
-have a majority of students enrolled in a full-time distance
-learning program.
-F.  A school district or charter school operating a
-full-time distance learning program as of the effective date of
-this act shall submit an application to establish a full-time
-distance learning program in accordance with the Distance
-Learning Act.
-G.  As used in this section, "full-time distance
-learning program" means a public school instructional program
-in which students receive virtual instruction and are not
-required to attend school at a school building.
-SECTION 14.  REPEAL.--Section 22-30-8 NMSA 1978 (being
-Laws 2007, Chapter 292, Section 7 and Laws 2007, Chapter 293,
-Section 7) is repealed.
-SECTION 15.  EFFECTIVE DATE.--The effective date of the
-provisions of Sections 1 through 12 and 14 of this act is July
-1, 2026.
-SECTION 16.  EMERGENCY.--It is necessary for the public
-peace, health and safety that this act take effect immediately.
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+
+has had it under consideration and reports same with
+recommendation that it DO NOT PASS, but that
+
+HOUSE EDUCATION COMMITTEE SUBSTITUTE
+
+FOR HOUSE BILL 253
+
+DO PASS, and thence referred to the APPROPRIATIONS &
+FINANCE COMMITTEE.
+
+                             Respectfully submitted,
+
+G. Andres Romero, Chair
+
+Adopted                            Not Adopted
+
+           (Chief Clerk)                            (Chief Clerk)
+
+Date
+
+The roll call vote was  8  For  4  Against
+
+Yes:      Garcia, M., Garratt, Gonzales, Gurrola, Lara, Romero, GA,
+Roybal Caballero, Torres-Velásquez
+
+No:       Baca, Chatfield, Mirabal Moya, Vincent
+
+Excused:  Cullen
+
+Absent:   None
+
+233731.4
+
+Z:\2026 Session\CommitteeReports\HB0253EC1.wpd