SENATE JOINT MEMORIAL 67

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

INTRODUCED BY

Carroll H. Leavell

A JOINT MEMORIAL

REQUESTING THE PUBLIC EDUCATION DEPARTMENT, THE DEPARTMENT OF FINANCE AND ADMINISTRATION'S OFFICE OF EDUCATION ACCOUNTABILITY, THE LEGISLATIVE EDUCATION STUDY COMMITTEE AND THE LEGISLATIVE FINANCE COMMITTEE TO EXAMINE ISSUES RELATED TO REIMBURSEMENT OF BOTH STATE AND FEDERAL FLOW-THROUGH FUNDS AND TO SUGGEST APPROPRIATE PROCEDURES FOR TIMELY REIMBURSEMENT OF FUNDS TO SCHOOL DISTRICTS.

     WHEREAS, the constitution of New Mexico was amended in 1986 to transfer the office of education in the department of finance and administration to what was then the state department of education and to establish a fifteen-member state board of education, with ten members elected and five appointed by the governor; and

     WHEREAS, the constitution of New Mexico was again amended in 2003 to replace the elected and appointed board of education with a cabinet department under the control of the executive branch; and

     WHEREAS, those supporting such a constitutional change argued that a new governance structure would eliminate the bureaucracy associated with a fifteen-member state board, would allow for the public education department to be directly accountable and responsive and would allow voters to hold the governor accountable; and

     WHEREAS, millions of much-needed new dollars will soon be available to New Mexico as a result of the enactment of the federal American Recovery and Reinvestment Act of 2009; and

     WHEREAS, the state's access to those funds will depend upon timely actions on the part of many areas of government; and

     WHEREAS, a number of issues, some of which continue from the old school board days and some that have developed since the change in governance, need to be addressed, including:

          A. timely adoption and updating of rules to comply with statutory changes;

          B. monitoring of school district and charter school audits;

          C. timely reimbursements to school districts and charter schools so that districts and charter schools may meet their own financial obligations, such as meeting payroll;

          D. development of appropriate processes, including applications, that need to be in place to allocate special funds; and

          E. distribution of funds so that school districts and charter schools can use them rather than have them revert unnecessarily;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public education department be requested to work with the department of finance and administration's office of education accountability, the legislative education study committee and the legislative finance committee to resolve these and other issues so that the public education department can better perform its vital role as public school advocate, regulator and technical advisor; and

     BE IT FURTHER RESOLVED that the public education department, the department of finance and administration's office of education accountability, the legislative education study committee and the legislative finance committee report their progress and any recommendations for policy changes to the second session of the forty-ninth legislature; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretaries of public education and finance and administration and to the directors of the legislative education study committee and the legislative finance committee.