HOUSE JOINT MEMORIAL 49

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Rick Miera

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO APPOINT AN INDIVIDUALS WITH DISABILITIES EDUCATION ACT MAINTENANCE OF EFFORT TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO ADDRESS STATE FUNDING FOR SPECIAL EDUCATION.

     WHEREAS, federal Individuals with Disabilities Education Act, part B funding allocations are dependent on the state providing or making available the same amount of funding for special education and related services from year to year; and

     WHEREAS, failure of a state to meet the required level of maintenance of effort triggers a reduction of the Individuals with Disabilities Education Act, part B allocation in the following year equal to the amount of the shortfall unless a state requests a waiver of maintenance of effort requirements for "exceptional or uncontrollable circumstances such as . . . a precipitous and unforeseen decline in the financial resources of the State", which waiver can be granted for one year; and

     WHEREAS, state-level funding available for special education in fiscal year 2009 seems to be the level of funding upon which funding for fiscal years 2010 through 2014 is based for federal funding allocations; and

     WHEREAS, although local districts have met their required level of maintenance of effort based on consistent expenditures from year to year, the state may not have met its required level of maintenance of effort, which has an impact on the districts' continued ability to meet their maintenance of effort requirement; and

     WHEREAS, although the public education department has requested the federal office of special education to reconsider its preliminary decision to deny the maintenance of effort waiver requests for fiscal years 2010 and 2011, the state has not yet received a response to the department's request for reconsideration of the waivers; and

     WHEREAS, it is important to understand what may be included in maintenance of effort for purposes of Individuals with Disabilities Education Act, part B funding and what the possible shortfall amounts may be; and

     WHEREAS, it is also important to be prepared to replace the reduction of federal funding if the waivers are not granted; and

     WHEREAS, other methods of making available funds for special education maintenance of effort that would meet the federal law and possible options for readjusting the base amount for which the state is held accountable should be explored; and

     WHEREAS, it is important to develop common solutions and ensure that maintenance of effort funding is in compliance with federal law;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council appoint an Individuals with Disabilities Education Act maintenance of effort task force to study issues related to special education and maintenance of effort requirements, including an understanding of shortfall amounts, if any; and

     BE IT FURTHER RESOLVED that the task force identify sources of funding to replace the reduction of federal funds if no waiver is forthcoming and also explore other methods of showing availability of funds by the state; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council appoint a task force that includes members of the finance and education committees, local district administrative personnel, the secretary of public education or the secretary's designee and other persons knowledgeable in school finance; and

     BE IT FURTHER RESOLVED that the task force be staffed by the legislative council service, with assistance from the legislative education study committee and the legislative finance committee, and that the staff of the public education department also be invited to participate and assist in the work of the task force; and

     BE IT FURTHER RESOLVED that the task force prepare its findings and recommendations no later than November 15, 2013 and submit its report to the New Mexico legislative council, the legislative finance committee, the legislative education study committee and the public education department; and

     BE IT FURTHER RESOLVED that copies of this memorial be sent to the co-chairs of the New Mexico legislative council, the chairs and vice chairs of the legislative education study committee and legislative finance committee and the secretary of public education.

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