Education Opportunity Account Act
HB387 creates the Education Opportunity Account Act, a school-choice style program within the Public Education Department that would let the state fund education opportunity accounts for eligible New Mexico students. The department would contract with parents to pay for qualifying education expenses, including private school tuition and fees, tutoring, instructional materials, standardized testing, summer and after-school programs, transportation, and other approved educational charges. The bill defines eligible students as school-age New Mexico residents who have not graduated and are eligible to enroll or re-enroll in public school, and it allows participation year-round through a department application process.
The bill sets the amount of each account based on the average per-student spending in public schools, adjusted for special education and at-risk units when applicable, but limits payments to the student’s actual qualifying expenses. It also creates an education opportunity review commission to advise the department on allowable expenses and program administration, requires annual reporting to the legislature and governor, and establishes a dedicated education opportunity account fund in the state treasury. The bill includes a $100 million appropriation for the program and $580,000 for administration, with unspent balances in the fund not reverting at year-end.
HB387 would add a new chapter-like program to the Public School Code and create a new state fund and administrative structure for publicly financed education accounts. It would affect the Public Education Department, participating parents and students, private schools and other education service providers, and public schools that must transfer student records when a student leaves. The bill also provides tax treatment for account deposits, sets rules for misuse, audits, provider eligibility, and payment processing, and authorizes the department to contract with private entities to administer accounts and payment systems.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text alone, the measure appears strongly supportive of expanded parental choice and private education options, with detailed administrative safeguards intended to make the program operational and accountable. The absence of recorded committee action in the provided context means the overall legislative sentiment cannot be assessed from votes or discussion.
The main likely points of contention are the use of public funds for private school tuition and other nonpublic education expenses, the size of the appropriation, and the effect on public school funding. Another area of debate is the bill’s structure: it gives the department broad authority to contract with private administrators, bar providers, and determine qualifying expenses, while also limiting refunds and prohibiting parents from depositing personal funds into accounts. Additional concerns may involve accountability, religious or private-school autonomy, special education rights under federal law, and whether the program would benefit families equitably across counties and income levels.