HOUSE MEMORIAL 51

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Susan K. Herrera and Debra M. Sariñana and Joy Garratt and Christine Trujillo and G. Andrés Romero

 

 

 

 

A MEMORIAL

REQUESTING THE LEGISLATIVE EDUCATION STUDY COMMITTEE, IN COLLABORATION WITH THE LEGISLATIVE FINANCE COMMITTEE, THE DEPARTMENT OF FINANCE AND ADMINISTRATION, THE PUBLIC EDUCATION DEPARTMENT, THE PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL AND OTHER REPRESENTATIVES OF STAKEHOLDER GROUPS, TO APPOINT A SUBCOMMITTEE TO STUDY THE PUBLIC EDUCATION FUNDING FORMULA AND ASSESS WHETHER THE FUNDING FORMULA IS MEETING THE REQUIREMENTS OF ARTICLE 12, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO AND TO PROVIDE RECOMMENDATIONS TO THE FIFTY-EIGHTH LEGISLATURE, FIRST SESSION.

 

     WHEREAS, Article 12, Section 1 of the constitution of New Mexico provides that a "uniform system of free public schools sufficient for the education of, and open to, all children of school age in the state shall be established and maintained"; and

     WHEREAS, the first judicial district court found New Mexico's public education system has failed to provide a constitutionally sufficient and adequate education for at-risk students, including English learners, Native American students, students with disabilities and low-income students; and

     WHEREAS, the first judicial district court enjoined the state to provide sufficient resources, including instructional materials, well-trained staff and curricular offerings, necessary for providing all students with a constitutionally sufficient public education; and

     WHEREAS, the legislature has responded to the first judicial district court's ruling by significantly increasing investments in school personnel compensation, programs and services for students with at-risk factors, instructional materials and educational technology, early literacy and reading support initiatives and professional learning opportunities for educators and school leaders; and

     WHEREAS, the first judicial district court has not yet found the state to be in compliance with its findings; and

     WHEREAS, a well-designed public school funding methodology is a critical component in achieving a high-quality, equitable and constitutionally sufficient public education system; and

     WHEREAS, the current public education funding formula was created in 1974 and has been amended or added to more than fifty times since its inception; and

     WHEREAS, the last comprehensive study of the public school funding formula was completed in 2008; and

     WHEREAS, the public education funding formula now consists of seventeen components; and

     WHEREAS, the cost differential for kindergarten students was last adjusted in 1990, with the subsequent inclusion of three- and four-year-old developmentally disabled students; and

     WHEREAS, the cost differential for students in grades one through six was last adjusted in 1993, and for students in grades nine through twelve, it was last adjusted in 1976; and

     WHEREAS, the cost differentials for students with disabilities were last adjusted in 1997, with the simultaneous creation of a cost differential for ancillary staff; and

     WHEREAS, the cost differentials for students enrolled in bilingual and multicultural education programs were last adjusted in 1993; and

     WHEREAS, the five-year phase-out of the small school program cost differential is almost complete, with the simultaneous phase-in of the rural population factor; and

     WHEREAS, the at-risk factor has been increased from nine hundred fifteen ten-thousandths in fiscal year 2014 to its current three-tenths; and

     WHEREAS, the fine arts factor has not been adjusted since fiscal year 2006; and

     WHEREAS, the cost differential for school districts and charter schools serving students in a home school environment was last adjusted in 2013; and

     WHEREAS, the legislature has enacted legislation to allow a school district or charter school to generate additional program units through participation in the K-5 plus and extended learning time programs; and

     WHEREAS, it is unclear whether the funding formula adequately supports school districts and charter schools in rural communities; and

     WHEREAS, it is unclear whether the methodology of the at-risk index is an appropriate method of determining student need and allocating related funds; and

     WHEREAS, it is unclear whether the cost differentials for basic programs units are sufficient to meet the needs of all students; and

     WHEREAS, it is unclear whether the methodology of determining student membership is an adequate method of determining the program units to which a school district or charter school is entitled; and

     WHEREAS, the state equalization guarantee, which is the distribution of state money for education, is computed by determining each school district's or charter school's total program units and then multiplying that by the unit value to derive the program cost; and

     WHEREAS, there are several proposals in the fifty-sixth legislature, first session, to amend the public education funding formula, including an increase to the at-risk factor, an increase to the fine arts factor, a repeal of the K-5 plus factor and a repeal of the extended learning time factor; and

     WHEREAS, since the last comprehensive study of the public school funding formula in 2008, the need to clarify, strengthen and align the seventeen components of the public education funding formula has been heightened by recent federal and state legislation, judicial findings and unfinished learning rooted in the social and economic impacts of the recent pandemic;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the legislative education study committee, in collaboration with the legislative finance committee, the public education department, the department of finance and administration, the public school capital outlay council and representatives of the public school facilities authority, the New Mexico association of school business officials and the New Mexico coalition of educational leaders, be requested to study the public education funding formula and assess whether the funding formula is meeting the requirements of Article 12, Section 1 of the constitution of New Mexico; and

     BE IT FURTHER RESOLVED that the study include legislation passed by the fifty-sixth legislature, first session; and

     BE IT FURTHER RESOLVED that the results of this study be reported to the legislative education study committee, the legislative finance committee and the governor before the 2025 legislative session; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the respective directors of the legislative education study committee and the legislative finance committee, the respective secretaries of public education and finance and administration, the chair of the public school capital outlay council, the director of the public school facilities authority and the respective executive directors of the New Mexico association of school business officials and the New Mexico coalition of educational leaders.

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