Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Ponce

DATE TYPED

1/28/04

HB

107

 

SHORT TITLE

Exempt NMMI From Public Education Dept. Rules

SB

 

 

 

ANALYST

Baca

 

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

 

No Fiscal Impact

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

New Mexico Military Institute (NMMI)

New Mexico Department of Public Education (PED)

Commission on Higher Education (CHE)

 

SUMMARY

 

Synopsis of Bill

 

House Bill 107 exempts NMMI from any state law requirement to provide special education programs for students with disabilities, and makes clarifying language changes.

 

Significant Issues

 

The PED analysis states that:

A state administrative hearing officer ruled in October 2003 that the high school program at NMMI is subject to the same state and federal laws and regulations governing special education as school districts and other state-supported educational programs in New Mexico.  That ruling is now under review by an administrative appeal officer and it does not appear that a decision will be issued before the Legislature adjourns on February 19.  The administrative appeal decision can be appealed to a state or federal district court.

 

OTHER SUBSTANTIVE ISSUES

 

While this bill makes it clear that state law does not require NMMI to provide special education and related services for high school students with disabilities, a remaining legal question, which the New Mexico Legislature cannot resolve, would be whether the federal IDEA requires NMMI to provide special education in any event because it is predominantly state-funded.  On the other hand, as the PED reports, NMMI receives federal funds for its ROTC program, and, arguably, is subject to the provisions of IDEA.

In its analysis, NMMI argues that being compelled to provide programs for students with special needs would change the school’s mission to the point that it would no longer be a military school. Moreover, the NMMI analysis states, students with special needs would not be able to meet required physical and military performance standards and could not receive full benefit of the school’s physical and educational programs.

 

POSSIBLE QUESTIONS

 

  1. How many students with special needs have applied for admission to NMMI during the past five to ten years?
  2. Can this state law supersede the federal law (IDEA)?
  3. What plans does the school have if the administrative appeals officer rules that NMMI must accept students with special needs?

 

RLG/njw