SENATE JOINT MEMORIAL 7

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

INTRODUCED BY

Cynthia Nava

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

A JOINT MEMORIAL

REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO RESOLVE ISSUES REGARDING FEDERAL AND STATE LAWS AND REIMBURSEMENT TO SCHOOL DISTRICTS FOR EDUCATIONAL SERVICES TO NONDISTRICT STUDENTS PLACED IN CERTAIN PUBLIC OR PRIVATE FACILITIES.

     WHEREAS, public school districts in New Mexico often provide educational services to nondistrict students who have been placed in a public or private facility within a district's boundaries, including residential treatment centers, juvenile detention centers, foster care homes, domestic violence shelters and homeless shelters; and

     WHEREAS, the federal Individuals with Disabilities Education Improvement Act of 2004 requires each state to ensure that "a free and appropriate public education" is available to all children with disabilities who reside within the state; and

     WHEREAS, the state Public School Code requires that a free public school education "shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent"; and

     WHEREAS, the Public School Code also provides that, with certain exceptions, "any school-age person shall have a right to attend public school within the school district in which the student resides or is present"; and

     WHEREAS, all school districts are required to provide special education and related services appropriate to meet the needs of all children requiring them; and

     WHEREAS, in practice, it has sometimes been unclear under what conditions school districts providing educational services to nondistrict students housed in public or private facilities located within the district may count those students for state funding purposes; and

     WHEREAS, it has also sometimes been unclear under what circumstances and from what sources school districts may be reimbursed for providing these services; and

     WHEREAS, in some cases educational services have been provided by charter schools intending to target special-needs populations even though their enrollment procedures pursuant to the 1999 Charter Schools Act make no provision for special-needs populations;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public education department be requested to examine state and federal laws to ensure that nondistrict school-age children who have been placed in public or private facilities within a district's boundaries, including residential treatment centers, juvenile detention centers, foster care homes, domestic violence shelters and homeless shelters, receive the educational services to which they are entitled, and to ensure that districts are reimbursed for these services; and

     BE IT FURTHER RESOLVED that the public education department make recommendations regarding the development of a uniform procedure through which school districts may provide these services and be reimbursed for them; and

     BE IT FURTHER RESOLVED that the public education department examine the practice of some charter schools of targeting special-needs populations to determine whether this practice complies with the enrollment provisions in the 1999 Charter Schools Act; and

     BE IT FURTHER RESOLVED that the public education department report its findings and recommendations to the legislative education study committee by October 2006; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public education and the director of the legislative education study committee for appropriate distribution.