SENATE JOINT MEMORIAL 47

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Cynthia Nava

A JOINT MEMORIAL

REQUESTING THE SECRETARY OF PUBLIC EDUCATION TO WORK WITH THE UNITED STATES DEPARTMENT OF EDUCATION TO SUSPEND FEDERALLY MANDATED ASSESSMENTS AND REPLACE THEM WITH SHORT-CYCLE FORMATIVE ASSESSMENTS TO MEET NO CHILD LEFT BEHIND REQUIREMENTS.

     WHEREAS, the people of New Mexico share a vision of a world-class education system that prepares our children for success in the twenty-first century; and

     WHEREAS, the legislature has laid the essential groundwork for enhanced educational opportunities for all New Mexico students, and the state's public schools have made progress in reducing the achievement gap; and

     WHEREAS, according to the following national sources, New Mexico ranks highly in several important indicators of a comprehensive educational system, including:

          A. the Fordham foundation, which ranked New Mexico second in the nation in 2006 for education reform;

          B. Education Week, which ranked New Mexico first in the nation for eligible children enrolled in kindergarten programs in 2008;

          C. the national education association, which ranked New Mexico third in the nation for percentage increase in average teacher salaries for 2007-2008;

          D. the center for digital education, which ranked New Mexico sixth in the nation for on-line learning policies and practices; and

          E. the food research and action center, which ranked New Mexico first in the nation for school breakfast participation among students who received free and reduced-price lunches in 2007-2008; and

     WHEREAS, New Mexico is the first state in the country formally to adopt a textbook for teaching the Navajo language; and

     WHEREAS, New Mexico is one of four states leading the nation in innovative school improvement strategies; is one of only nine states with an approved highly qualified teacher plan; and is one of only eleven states to have standards-based assessments aligned to strong content standards; and

     WHEREAS, the educational community asserts that assessments alone will not reform education in New Mexico, but that schools must be accountable for performance, instruction and overall improvement; and

     WHEREAS, scientific research supports the use of formative short-cycle assessments to inform instruction for students, and the public education department supports the use of these assessments to address the differentiated learning needs of our diverse student population; and

     WHEREAS, seventy-four of New Mexico's eighty-nine school districts currently use short-cycle assessments; and

     WHEREAS, the federal government appropriates only four million dollars ($4,000,000) each year to administer the federally required No Child Left Behind Act of 2001 assessment; however, the assessment costs the state more than nine million dollars ($9,000,000) a year and costs school districts an additional five million dollars ($5,000,000) to administer the tests; and

     WHEREAS, for fiscal year 2010, the state faces a budget deficit of between two hundred ninety-three million dollars ($293,000,000) and five hundred fifty million dollars ($550,000,000) and an additional three and eight-tenths percent projected revenue shortfall for fiscal year 2011; and

     WHEREAS, the budget crisis may force the legislature to increase class sizes, reduce salary and benefits of school employees, reduce instructional time and decrease professional development funding in the 2009-2010 and 2010-2011 school years; and

     WHEREAS, these measures strike at the heart of education reform in New Mexico and will negate years of work by the legislature, the public education department and the school districts to improve the New Mexico education system, all the while having to set aside fifteen million dollars ($15,000,000) for federally required testing that provides little information to teachers in addressing the differentiated learning needs of their students on a continual basis;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the secretary of public education, in collaboration with the United States department of education, amend the state accountability plan and suspend the federally mandated No Child Left Behind Act 2001 annual assessment for the 2009-2010 school year; and

     BE IT FURTHER RESOLVED that the secretary of public education allow school districts to use a short-cycle formative assessment already approved by the public education department in lieu of the New Mexico standards-based assessment; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public education, superintendents of public schools and charter schools.

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