45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THAT THE PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL, IN PROVIDING GRANT ASSISTANCE PURSUANT TO THE PUBLIC SCHOOL CAPITAL OUTLAY ACT, AND THE PUBLIC SCHOOL CAPITAL OUTLAY TASK FORCE, IN DEVELOPING A FORMULA USED IN DETERMINING THE AMOUNT OF GRANT ASSISTANCE, CONSIDER THE FINDINGS OF FACT AND CONCLUSIONS OF THE LAW CONTAINED IN THE REPORT OF THE SPECIAL MASTER APPOINTED IN THE CASE OF ZUNI, ET AL. V. THE STATE OF NEW MEXICO.

WHEREAS, in 1999 the court, in the case of Zuni, et al. v. the State of New Mexico, found that the procedure used at that time for funding capital improvements for New Mexico's public schools violated the state constitution; and

WHEREAS, since that ruling, the state has enacted legislation to substantially revise the procedures used to evaluate the need for and the priority of capital expenditures for the public schools and has authorized the expenditure of many millions of dollars for public school capital improvements; and

WHEREAS, on January 14, 2002, the court's special master, in a report to the court, found that the state has acted in good faith to correct the inequality of funding public school capital improvements; and

WHEREAS, in spite of the good faith action by the state, the special master found that direct appropriations for specific public school capital improvements may contribute to non-uniformity and should be a recognized equalization element in the capital funding formula; and

WHEREAS, the public school capital outlay council provides grant assistance to local school districts pursuant to the Public School Capital Outlay Act; and

WHEREAS, the public school capital outlay task force is charged with evaluating the effectiveness and fairness of the funding formula; and

WHEREAS, the public school capital outlay council is charged with working with, and providing assistance and information to, the public school capital outlay task force;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public school capital outlay council, in providing grant assistance pursuant to the Public School Capital Outlay Act, be requested this allocation cycle to take into account special appropriations for specific public school capital outlay projects that have been made by the legislature; and

BE IT FURTHER RESOLVED that the public school capital outlay council and the public school capital outlay task force, as they perform their duties related to developing the funding formula for public school capital outlay, be requested to take into account the findings of fact and conclusions of law of the special master related to special legislative appropriations; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the public school capital outlay council, the public school capital outlay task force and the superintendents of all eighty-nine local school districts.