New Mexico Statutes
Article 8 - Public School Finance
Section 22-8-23.10 - Extended learning time program.

A. A school district or charter school is eligible for additional program units if it establishes within its department-approved educational plan a schoolwide extended learning time program that meets the requirements of this section.
B. Program eligibility requires:
(1) except as provided in Subsections C and D of this section, a minimum of one hundred ninety instructional days per school year or ten additional instructional days per school year, whichever requires the addition of the fewest number of instructional days, 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, extracurricular or enrichment programming for 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 may include:
(1) a minimum of one hundred sixty instructional days per school year or eight additional instructional days per school year, whichever requires the addition of the fewest number of instructional days, 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, extracurricular or enrichment programming for 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 qualifies for extended learning time program units that also has a qualifying K-5 plus program may structure the school year to provide the additional instructional days required pursuant to the applicable subsection of this section by extending the total number of instructional hours provided by the elementary school by no fewer than fifty-five additional instructional hours.
E. The additional instructional days required for an extended learning time program shall be implemented for all students in a participating public school and shall be considered an extended school calendar for all students in each participating school.
F. A school district or charter school that qualified for extended learning time program units in the prior fiscal year shall not be required to add more instructional days in the current school year than it did in the prior school year to qualify for program units in the current school year if the school district or charter school provides the same or more total instructional days and total instructional hours than it provided in the prior school year.
G. 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; 2019, ch. 207, § 16; 2021, ch. 134, § 1.
The 2021 amendment, effective June 18, 2021, revised program eligibility requirements for extended learning time programs, required elementary schools and extended learning time programs to add instructional days to the calendar, and provided an exception for certain school districts or charter schools; in Subsection A, after "department-approved educational plan", deleted "an" and added "a schoolwide", and after "extended" deleted "Subsection B, C or D of"; in Subsection B, in the introductory clause, deleted "An extended learning time program shall include" and added "Program eligibility requires", in Paragraph B(1), added "except as provided in Subsections C and D of this section", after "one hundred ninety", added "instructional", and after "days per school year", added "or ten additional instructional days per school year, whichever requires the addition of the fewest number of instructional days", in Paragraph B(2), after "enrichment", deleted "to" and added "programming for"; in Subsection C, in the introductory clause, after the second occurrence of "four-day school week", changed "shall" to "may", in Paragraph C(1), after "one hundred sixty", added "instructional", after "days per school year", added "or eight additional instructional days per school year, whichever requires the addition of the fewest number of instructional days", and in Paragraph C(2), after "enrichment", deleted "to" and added "programming for"; in Subsection D, after "elementary school that", deleted "has an extended learning time program that", after "program units", deleted "pursuant to Subsection B or C of this section", after "qualifying K-5 plus program", deleted "pursuant to the K-5 Plus Act", after "additional instructional", changed "time" to "days", and after "by extending", deleted "existing instructional days" and added "the total number of instructional hours provided by the elementary school by no fewer than fifty-five additional instructional hours"; and added new Subsections E and F and redesignated former Subsection E as Subsection G.
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.

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