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

SPONSOR Cisneros

ORIGINAL DATE

LAST UPDATED

2/21/07

2/28/07 HB

SHORT TITLE

Statewide Indian Education Assessment

SB 1011/aSIAC

ANALYST Weber

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$100.0

Recurring

General

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Indian Affairs Department (IAD)

Public Education Department (PED)

No Response Received From

Higher Education Department (HED)

SUMMARY

Synopsis of SIAC Amendment

The Senate Indian and Cultural Affairs Committee amendment redirects the appropriation to the

Public Education Department from the Indian Affairs Department.

Synopsis of Original Bill

Senate Bill 1011 appropriates $100 thousand from the general fund to the Indian Affairs

Department to do an assessment of Indian education statewide, including all New Mexico tribes,

nations and pueblos.

Senate Bill 1011/aSIAC – Page

2

FISCAL IMPLICATIONS

The appropriation of $100 thousand contained in this bill is an expense to the general fund. Any

unexpended or unencumbered balance remaining at the end of Fiscal Year 2008 shall revert to

the general fund.

SIGNIFICANT ISSUES

Indian Affairs reports that Indian education has been a pressing concern for both tribal

governments and the State of New Mexico in recent years. The passage of the Indian Education

Act (“the Act") in 2003 prompted an expanded role and greater responsibilities for the State’s

Public Education Department (“PED") in educating New Mexico’s Indians. Among other

things, PED created the Indian Education Division and the position of Assistant Secretary for

Indian Education.

One of the other outcomes of the Act has been extensive and formalized study of Indian

Education in the State by the PED and others. Among the work products generated has been a

report published by the PED entitled “Indian Education Status Report, 2004-2005 School Year."

It includes a wide range of relevant information regarding Indian Education – from student

achievement statistics to dropout rates to policy approaches and more. The report could be

characterized as comprehensive and current. PED’s report is located on the internet and can be

found at

http://www.ped.state.nm.us/indian.ed/dl/2004-2005.Indian.Education.Status.Report.pdf

PED adds that PED’s Indian Education Division currently has a contract to conduct research on

the status of Indian Education in New Mexico. The current study:

o

Must align with key provisions of the 2003 New Mexico Indian Education Act;

o

Must identify and examine faulty assumptions regarding contemporary Indian

education research and evaluation;

o

Must describe needs, issues and recommendations for implementation and resources

utilizing factors of the 2003 New Mexico Indian Education Act;

o

Must discuss best practices and exemplary programs in Indian education that include

parental and community involvement;

o

Must recommend effective and successful inclusion of Native language and culture in

school programs;

o

Must describe ways to build tribal capacity to improve Indian education;

o

Must describe and recommend areas of overall tribal, state and federal systems that

require effective processes for change;

o

Must describe recommendations on how Adequate Yearly Progress (AYP) measures

must be changed to incorporate tribal culture and language needs;

o

Will also coordinate and interface with, but not duplicate, existing national, New

Mexico and regional Indian education studies.

The current study shall include three interdependent tracks of investigation:

o

The federal dimension that includes the “No Child Left Behind Act," including

Executive Order 13336;

o

The state dimension that includes the 2003 New Mexico Indian Education Act; and

o

The community dimension that includes tribal education policy. This dimension

would assume a slower, more deliberate organic evolvement of Indigenous research

Senate Bill 1011/aSIAC – Page

3

methodology that focuses on community ownership of education research and

evaluation processes that would eventually affect tribal education policy.

Indian education research and evaluation must build upon the rich cultural vitality of Native

peoples. Research and evaluation being conducted needs to shift paradigms from western

dominant measures to Indigenous parameters and methodology, while seeking to balance the

two.

POSSIBLE QUESTIONS

The Indian Affairs Department expresses concern that the agency lacks the expertise and

manpower to execute the directive in SB 1011. Conducting an assessment of education, or

securing contractors to execute that task, fall more appropriately within the purview of the Public

Education Department. If IAD were charged with carrying out the assessment, it would need

additional personnel resources above and beyond current levels.

Since PED is already involved in Indian Education and related studies should the appropriation

be made to PED.

MW/nt