A JOINT MEMORIAL
REQUESTING THE LEGISLATIVE EDUCATION
STUDY COMMITTEE TO STUDY THE FACILITY NEEDS OF CHARTER SCHOOLS AND TO MAKE
RECOMMENDATIONS FOR MEETING THOSE NEEDS.
WHEREAS, the 1999 Charter
Schools Act provides for both conversion charter schools, which are regular
public schools that become charter schools, and start-up charter schools, which
are newly established schools; and
WHEREAS, finding suitable
facilities and retaining suitable facilities have been greater obstacles for
start-up charter schools than for conversion charter schools; and
WHEREAS, the 1999 Charter
Schools Act permits a charter school to negotiate or contract with a local school
district, a university or college or any third party for the use of a facility as well as its operation and
maintenance; and
WHEREAS, the 1999 Charter
Schools Act prohibits a school district from charging a charter school rent for
facilities made available at no cost to the school district; and
WHEREAS, the 1999 Charter
Schools Act creates the "charter schools stimulus fund" and allows
money in the fund to be appropriated to the state department of public
education to provide financial support, in a single one-time distribution, to
charter schools for renovating or remodeling existing buildings and structures;
and
WHEREAS, charter schools cannot
make lease payments with the federal funds that they are eligible to receive
through three-year planning and implementation grants from the public charter
school fund; and
WHEREAS, twenty-one of the
twenty-seven charter schools operating in New Mexico for school year 2002-2003
are leasing facilities from private owners; and
WHEREAS, charter schools that
pay monthly leases for facilities must do so with operational funds, thereby
reducing the amount of money available for programs;
NOW, THEREFORE, BE IT RESOLVED
BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the legislative education
study committee, in collaboration with the state department of public education
and in consultation with charter schools, study the facility needs of charter
schools, particularly the issues of the availability of public facilities,
public versus private ownership of charter school facilities, the fair market
value of leased facilities and the legal and constitutional means of providing
funds for charter school facilities; and
BE IT FURTHER RESOLVED that the
legislative education study committee, together with the state department of
public education, report its findings and recommendations to the legislature by
December 2003; and
BE IT FURTHER RESOLVED that
copies of this memorial be transmitted to the director of the legislative
education study committee and the superintendent of public instruction for
appropriate distribution.