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SPONSOR: |
SFC |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Indian Education Act |
SB |
115/SFCS |
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ANALYST: |
L. Baca |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
See Narrative |
Recurring |
New-Indian
Education
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
Relates
to Appropriation for the State Department of Education the General
Appropriation Act
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
|
See
Narrative |
|
New-Indian
Education
Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
Identical to CSHAFC/HB 150
Relates to SB 116, Center for rural and Indian
Education Center
LFC files and
Original analysis received from:
State
Department of Education (SDE)
Commission
on Higher Education (CHE)
SUMMARY
Synopsis
of Bill
The Senate Finance
Committee Substitute for Senate Bill 115 repeals Sections 22-2-11 through
22-2-13 NMSA 1978, and enacts a new section of the Public School Code that
creates the Indian Education Division (IED) within the State Department of
Education (SDE), creates the position of Assistant Superintendent of the IED,
prescribes the duties and responsibilities of the IED, including its working
relationship with Indian Nations, tribes and pueblos and with federal and state
agencies; creates and defines the membership of Indian Education Advisory
Council (IEAC) to assist SDE in evaluating, consolidating and coordinating all
activities relating to the education of New Mexico’s Indian students; and
creates the Indian Education Fund in the state treasury.
Significant
Issues
Historically, Indian students have scored low on
standardized tests and have consistently underachieved in the public schools, a
phenomenon attributed primarily to linguistic and cultural differences. This bill addresses that issue and provides
mechanisms intended to improve the success rate of Indian students in public
schools.
Among the purposes of the bill are the
following:
Some of the activities proposed in the bill to
better meet the needs of Indian students:
The bill also creates
the Indian Education Fund to provide funding for:
training for American
Indian teachers in the areas of bilingual education, ESL, special education,
reading and administration,
scholarships
non-degree American Indian students, including educational assistants, for
initial certification and endorsements,
professional
development for non-Native American, education assistants, teachers and
principals that currently serve Indian children,
development of curriculum
and attendant instructional materials, and
identification,
assessment and replication of exemplary programs.
FISCAL IMPLICATIONS
The bill creates a new
Indian Education Fund authorized to receive appropriations, gifts, grants and
donations as well as interest from investments of the Fund.
This bill does not
contain an appropriation, but the General Appropriation Act passed by the House
includes $1.7 million for the purposes of this Act.
This bill creates a
new fund and provides for continuation appropriations. The LFC objects to including continuation
language in the statutory provisions for newly created funds. Earmarking reduces the ability of the
legislature to establish spending priorities.
ADMINISTRATIVE IMPLICATIONS
The SDE reports that
the creation of an office in NW New Mexico would increase the administrative
responsibilities of SDE in the areas of contacts and grants management in
addition to the oversight responsibilities associated with the creation of a
regional office. The SDE further reports
that the FTE to carry out these duties is available but not funded.
The budget developed
to implement the provisions of the Act is attached.
OTHER SUBSTANTIVE ISSUES
The bill specifies that representation on
fourteen-member Indian Advisory Council will consist of:
4
from the Navajo nation,
2
each from the Jicarilla and Mescalero Apache nations,
2
members from the northern and southern pueblos, and
4 members representing urban areas,
the BIA and head start organizations
The SDE reports that
this bill is a legislative priority for the state Board of Education and has
been endorsed by the Navajo Nation, Jicarilla Apache Nation, the all Indian
Pueblo Council and the Commission on Indian Affairs.
POSSIBLE QUESTIONS
1.
Does
the Indian Education Act effectively create a second state department within
the
exisitng SDE ?
2.
If
this bill is enacted, will the entire appropriation be required during the
first year of
implementation ?
3.
Does
the funding proposed for scholarships duplicate the lottery scholarship program in any way ?
4.
The
budget prepared by SDE staff calls for a total of four positions to implement
the provisions of the Act. Does the SDE have other personnel whose
assignments are
devoted to Indian education ?
5. Will staff from the Northwest Indian Education Center be
available to assist students from all tribes ?