HOUSE JOINT MEMORIAL 4

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Ray Begaye

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

A JOINT MEMORIAL

REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO DEVELOP DEFINITIONS OF "RURAL SCHOOL" AND "RURAL SCHOOL DISTRICT".

     WHEREAS, the major source of federal funding specifically targeted to rural school districts is the rural education achievement program, which is part of the federal No Child Left Behind Act of 2001; and

     WHEREAS, the definition of "rural school district" for purposes of federal funding under the small, rural school achievement program component of the rural education achievement program is that a district must have a total average daily attendance of less than six hundred students or serve only schools that are located in counties that have a population density of fewer than ten persons per square mile; and

     WHEREAS, to qualify for federal funding under the small, rural school achievement program, a school district must also serve only schools that are designated as rural by the national center for education statistics or are located in an area of the state defined as rural by a governmental agency of the state; and

     WHEREAS, although the federal department of education defines both "rural school" and "rural school district", the New Mexico public education department defines only "rural school district"; and

     WHEREAS, the public education department defines "rural school district" as a school district that has one thousand or fewer students; and

     WHEREAS, the public education department definition of "rural school district" is different from the federal definition of "rural school district"; and

     WHEREAS, some New Mexico rural schools and rural school districts, especially those that serve Native American students, may be unable to qualify as rural schools or rural school districts for purposes of receiving public education department assistance in seeking federal funds; and

     WHEREAS, the rural education division of the public education department should assist rural schools and rural school districts to maximize the amount of federal funds they can receive and to participate in any programs sponsored by the state or the public education department specifically for rural schools or rural school districts;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the rural education division and the Indian education division of the public education department be requested to develop New Mexico-specific definitions of "rural school" and "rural school district" in order to clarify which schools and school districts are eligible for assistance from the rural education division of the public education department in order to secure all federal funding for which New Mexico's rural school districts are eligible and to participate in any programs sponsored by the state or the department specifically for rural schools or rural school districts; and

     BE IT FURTHER RESOLVED that in developing the definitions of "rural school" and "rural school district", the divisions consider not only the number of students required for eligibility for federal rural schools funding and the number of students required for eligibility assistance from the public education department but also a school district's capacity for providing educational services to its students; and

     BE IT FURTHER RESOLVED that the definitions take into account schools and school districts on New Mexico's sparsely populated tribal lands and consider whether such school districts that have more than one thousand students but whose responsibilities extend to a wide-reaching geographic area deserve the assistance of the rural education division; and

     BE IT FURTHER RESOLVED that the divisions consult with the federal department of education in the development of the New Mexico-specific definitions of "rural school" and "rural school district" to ensure that these definitions are approved for federal funding purposes; and

     BE IT FURTHER RESOLVED that the divisions be requested to report to the legislative education study committee on the progress of development of the New Mexico-specific definitions of "rural school" and "rural school district" and on its consultations with the federal department of education; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of public education for appropriate distribution.

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