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 a vailable 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 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 Cisneros
ORIGINAL DATE
LAST UPDATED
2/17/2007
2/21/2007 HB
SHORT TITLE Gender Specific Education Programs
SB 1010
ANALYST Schuss
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$1,000.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB 596
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$67.0
$67.0 Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Education Department (PED)
Department of Health (DOH)
Department of Finance and Administration (DFA)
SUMMARY
Synopsis of Bill
Senate Bill 1010 appropriates $1,000,000 from the general fund to the Public Education
Department (PED) to issue requests to all school districts for proposals to establish gender-
specific education programs. The PED shall give priority to proposals that request funding for:
Training teachers in best practices for different teaching styles for boys and girls within
the statewide professional development framework
pg_0002
Senate Bill 1010 – Page
2
Creation of single-sex classrooms, provided that the teachers of these classes receive
gender competency training
Programs that bring a greater number of adequately screened and trained men, as
teachers and mentors, into the schools to serve as positive role models
Providing a science-based method of evaluating the results of a funded proposal.
No more than $50,000 will be distributed to a single school district.
FISCAL IMPLICATIONS
The appropriation of $1,000,000 contained in this bill is a recurring expense to the general fund.
Any unexpended or unencumbered balance remaining at the end of FY08 shall revert to the
general fund.
PED reports that they estimate that it would take approximately 120 hours of time by an
Education Administrator ($25.50 x 120 + 30% benefits = $3,978) to develop and implement a
RFP/award process that could possibly include all school districts in the state. It is possible that
up to 20 school districts would be awarded up to $50,000 each from this appropriation. This
legislation requires a science-based method of evaluating the results of a funded proposal. In
order for PED to provide an effective evaluation component, funds must be made available.
Typically, evaluation costs are about 10% of the grant amount. Furthermore, effective data must
be longitudinal.
DFA reports that $63 thousand per year for additional PED staff ($53 thousand per year + 18%
benefits) would be needed.
The DFA and PED additional budget requirements are reflected in the table above.
SIGNIFICANT ISSUES
PED has included the following in their analysis:
Recent assessment data presented by Education Commission of the States (ECS) indicate
significant academic performance gaps based on student gender. Male students tend to be:
less proficient than females in reading and writing
outperform females in math by only small margins
outnumber females in special education
are more likely than females to be held back a grade
less likely to graduate from high school.
New Mexico student achievement data reveal a gender gap. Male students tend to be:
less proficient in reading and writing than females (National Assessment of Education
Progress and the 2006 New Mexico standards-based assessments)
less likely than females to graduate from high school (Manhattan Institute)
earned a declining share of academic credentials awarded by public institutions of
higher education in the state (Higher Education Department)
The legislation requires that programs bring a greater number of adequately screened and
trained men, as teachers and mentors, into the schools to serve as positive role models. This
pg_0003
Senate Bill 1010 – Page
3
requirement may pose difficulties for school districts with limited access to recruiting males to
serve as teachers and mentors.
DFA has included the following in their analysis:
In November 2006, the US Department of Education relaxed Title IX of the Education
Amendments of 1972 (Title IX) regulations regarding the use of same-sex classrooms, programs
and activities, giving states greater flexibility in an attempt to improve educational opportunities
for students. According to a brief from Education Commission of the States, the revised
regulations allow for same-sex schooling provided that:
classes have “important objectives" such as improving student achievement;
enrollment is voluntary;
coeducational schools and classes that are “substantively equal" in quality are available
for students of the excluded sex; and
same-sex programs are evaluated every two years to ensure they meet federal
requirements.
Title IX prohibits sex discrimination in education programs or activities that receive federal
funds. Prior to the change in regulation, same-sex classrooms were largely limited to physical
education classes and sex education classes. According to Margaret Spellings, US Secretary of
Education, in a press release dated October 24, 2006, this change was made because, “Research
shows that some students may learn better in single-sex education environments."
HB-596 could provide an avenue for research into whether or not same-sex education
produces positive student outcomes in New Mexico. While this bill would require school
districts to adopt a scientifically-based program evaluation model, the sponsor may wish to
consider providing additional funds for an academic study conducted by a university, private
education research center or other independent body. Such a study would help assess the possible
value of same-sex education for New Mexico’s students.
HB-596 does not provide that programs be in accordance with federal Title IX requirements.
PED will need to ensure that guidelines for programs outlined in any requests for proposals meet
these federal requirements.
HB-596 also seeks to provide incentives to districts to hire more males in teaching or other
role model positions. According to the Albuquerque Journal, only 9% of elementary teachers
nationally are male, and only 35% of secondary teachers in the nation are male. New Mexico’s
numbers are slightly higher, 17% of New Mexico’s elementary teachers and 44% of secondary
teachers are male. Even though New Mexico outpaces the nation, a significant gender imbalance
exists in New Mexico’s elementary settings. However, given HB-596’s relatively narrow focus,
this gender imbalance may not be substantially altered by its implementation.
ADMINISTRATIVE IMPLICATIONS
PED would be required to designate staff to administer this program.
DUPLICATION
Duplicates HB 596
pg_0004
Senate Bill 1010 – Page
4
TECHNICAL ISSUES
According to PED, the legislation requires creation of single-sex classrooms, a practice permitted
under the federal No Child Left Behind Act of 2001. In October 2006, the US Department of
Education published its final rule regarding nondiscrimination based on sex under Title IX of the
Education Amendments of 1972, to “clarify and modify Title IX regulatory requirements
pertaining to the provision of single-sex schools, classes and extracurricular activities in
elementary and secondary schools." The rule establishes new standards that the federal Office of
Civil Rights will use to determine whether recipients operating single-sex classes, activities or
schools are in compliance with Title IX.
OTHER SUBSTANTIVE ISSUES
PED states that a one-year appropriation to districts to determine significance and impact on
gender-specific education programs is not long enough to provide any meaningful data.
According to DOH, the National Association for Single-Sex Public Education reports that, as of
April 2006, at least 223 public schools in the United States were offering gender-separate
educational opportunities, up from just 4 in 1998. Although most were coeducational schools
with single-sex classrooms, 44 were wholly single-sex classrooms.
BS/nt