HOUSE JOINT MEMORIAL 09

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Mimi Stewart

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

A JOINT MEMORIAL

REQUESTING THE FEDERAL GOVERNMENT TO FUND THE MANDATES REQUIRED IN THE NO CHILD LEFT BEHIND ACT OF 2001.

     WHEREAS, the federal No Child Left Behind Act of 2001 was signed into law on January 8, 2002 and introduced significant new federal requirements with respect to education carried on in the states; and

     WHEREAS, under the federal law, each state is required to establish a single statewide accountability system through the creation of a statewide database that will enable a state to track the adequate yearly progress of every student in any school and school district in which that student is educated throughout the student's career in public education; and

     WHEREAS, each state is required to expand the frequency and scope of student testing to include testing of all students in reading and language arts and mathematics each year in grades three through eight beginning in the 2005-2006 school year; adopt standards for the teaching of science by the 2007-2008 school year; and develop annual achievement objectives for students with limited English proficiency; and

     WHEREAS, each state, by the end of the 2005-2006 school year, is required to ensure that all teachers in core academic subjects are "highly qualified" and that paraprofessionals, including educational assistants, have attained additional education and training and that both meet the qualification requirements set forth in federal law; and

     WHEREAS, each state and each school district within a state is required to identify schools that fail to meet the adequate yearly progress measures annually over a twelve-year period and provide substantial assistance and costly sanctions as corrective action; and

     WHEREAS, the items above are only a partial listing of the requirements under the No Child Left Behind Act of 2001 constituting a federal mandate for states regarding the conduct of education in the states and, even though the level of federal funding of education in the states is increased under the act, the costs of implementing the requirements of the act far exceed the increase in federal funding; and

     WHEREAS, although the goals of the federal law are laudable and New Mexicans embrace the conviction that all children should have an equal opportunity to obtain a high-quality education, without the provision of sufficient federal resources to carry out federal mandates included in the No Child Left Behind Act of 2001, the federal law places an unnecessary and unreasonable hardship on the state of New Mexico;

     NOW, THEREFORE, BE IT RESOLVED THAT THE LEGISLATURE OF THE STATE OF NEW MEXICO urge the president and congress of the United States to increase the level of funding for states to assist in the full implementation of the federal requirements under the No Child Left Behind Act of 2001; and

     BE IT FURTHER RESOLVED that the New Mexico congressional delegation be requested to work to secure adequate funding for mandates required under federal law; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the United States, the secretary of the United States department of education, each member of congress elected from this state; and the New Mexico secretary of public education for appropriate distribution.

- 3 -