HOUSE MEMORIAL 36

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

INTRODUCED BY

Miguel P. Garcia

A MEMORIAL

REQUESTING THE SECRETARY OF PUBLIC EDUCATION TO FORMULATE A PLAN IDENTIFYING THE STEPS NECESSARY FOR STATE WITHDRAWAL FROM THE FEDERAL NO CHILD LEFT BEHIND ACT OF 2001.

     WHEREAS, New Mexico's assessment and accountability system, which rates the performance of students, public schools and public school districts, was established to comply with the provisions of the federal No Child Left Behind Act of 2001; and

     WHEREAS, the assessment and accountability system tests whether students in public schools have achieved adequate yearly progress; and

     WHEREAS, a public school that fails to make adequate yearly progress for two consecutive school years is ranked as a school that needs improvement; and

     WHEREAS, a public school that fails to make adequate yearly progress for four consecutive school years becomes subject to corrective action; and

     WHEREAS, the requirements of the assessment and accountability system stigmatize public schools that are ranked as schools that need improvement or that are subject to corrective action; and

     WHEREAS, excellent students often leave those schools as a result of the stigmatization, thus removing positive role models for other students in those schools; and

     WHEREAS, the assessment and accountability system's measurement of performance through tests shifts the focus of the public education department away from using creative methods to improve public schools; and

     WHEREAS, withdrawal from participation in the federal No Child Left Behind Act of 2001 might prevent those adverse consequences;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the secretary of public education be requested to formulate a written plan identifying the steps necessary for state withdrawal from the federal No Child Left Behind Act of 2001; and

     BE IT FURTHER RESOLVED that the secretary of public education be requested to present that plan to the appropriate interim committee of the legislature by December 31, 2004; and

     BE IT FURTHER RESOLVED that the secretary of public education be requested to file that plan in duplicate with the legislative council service library; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of public education.

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