NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

SDE

     Synopsis of SRC Amendment

Senate Joint Memorial originally requested that the State Board of Education (SBE) review and adopt THE BIBLE AND PUBLIC SCHOOLS: A FIRST AMENDMENT GUIDE as a state-approved textbook. As adopted by the Senate Rules Committee, three significant changes were made and each expands the intent of the memorial.

Instead of "REVIEW AND ADOPT," the amendment adopted by the Senate Rules Committee expands the intent of the memorial by requesting that the SBE "REVIEW AND APPROVE THE BIBLE AND PUBLIC SCHOOLS: A FIRST AMENDMENT GUIDE AND OTHER SIMILAR GUIDE BOOKS AS STATE APPROVED TEXTBOOKS."

The amendment also changes the reporting to the Legislative Education Study Committee, but the reporting date remains the unchanged. Instead of reporting "immediately following the formal adoption of curriculum," the SBE is to report "about the review and recommendations for approval of such guide books as state-approved textbooks."

The third change requests that copies of the memorial also be transmitted "for appropriate distribution to local superintendents, principals and teachers statewide."

SUMMARY

Synopsis of Bill

Senate Joint Memorial 12 requests that the State Board of Education (SBE) examine the feasibility of adopting The Bible and Public Schools: A First Amendment Guide as a state-approved textbook. The Bill also requests that the SBE submit a report to the Legislative Education Study Committee immediately following the formal adoption of curriculum no later than November 1, 1000.

Significant Issues

The memorial cites the U.S. Supreme Court for a ruling that it is permissible, even desirable, to teach the Holy Bible in public schools providing the subject matter is presented objectively as part of a secular program of education. Consequently, adoption of this textbook is not deemed in violation of the "separation of church and state doctrine." However, as stated in the SDE analysis, adoption of this, or any other instructional material, must be made pursuant to and consistent with the provisions of the Instructional Materials Act (Section 22-15-1 through Section 22-15-140, NMSA 1978) and regulations adopted by the SBE.

OTHER SUBSTANTIVE ISSUES

The SDE analysis states that the textbook could be considered for adoption by the SBE if a publisher submits a request for proposal (RFP) as allowed in SBE regulation NMAC .2.2.2. SDE reports that, to date, no publisher has submitted a bid for adoption of the Bible and Public Schools: A First Amendment Guide.

POSSIBLE QUESTIONS

If current practices and procedures already allow for adoption of the textbook proposed in the memorial, is it necessary for the SBE to "examine the feasibility" of adoption?

LB/njw