SENATE JOINT MEMORIAL 59

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Cynthia Nava

A JOINT MEMORIAL

REQUESTING THE PUBLIC SCHOOL CAPITAL OUTLAY OVERSIGHT TASK FORCE TO STUDY THE CAPITAL IMPROVEMENT NEEDS OF CHARTER SCHOOLS IN A MANNER THAT IS CONSISTENT WITH THE SCHOOL DISTRICT PLANNING PROCESSES, INCLUDING A STUDY OF THE ISSUES INVOLVED IN DISTRIBUTING RECEIPTS FROM PROPERTY TAXES IMPOSED PURSUANT TO THE PUBLIC SCHOOL CAPITAL IMPROVEMENTS ACT AND THE PUBLIC SCHOOL BUILDINGS ACT IN A MANNER THAT IS CONSISTENT WITH THOSE ACTS AND EQUITABLE TO CHARTER SCHOOLS AND OTHER PUBLIC SCHOOLS IN THE SCHOOL DISTRICT.

     WHEREAS, New Mexico has a vibrant system of public schools, including locally chartered charter schools and state-chartered charter schools that provide quality and choice in education for New Mexico students; and

     WHEREAS, locally chartered and state-chartered charter schools have capital improvement needs similar to all other public schools; and

     WHEREAS, all students in locally chartered, state-chartered and other public schools are public school students whose parents pay property taxes; and

     WHEREAS, during the 2007 and 2009 legislative sessions, the legislature amended the Public School Capital Improvements Act and the Public School Buildings Act to require charter schools to be included in resolutions for taxes to be imposed under those acts; and

     WHEREAS, those acts also require tax receipts to be distributed to locally chartered and state-chartered charter schools on a per-membership basis but are unclear about required ballot language, use of the receipts and the required planning mechanism for the capital needs of charter schools; and

     WHEREAS, a study needs to be conducted to address these and other issues relating to the capital improvement needs of charter schools in a manner that is compatible with school district planning processes;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public school capital outlay oversight task force be requested to study the capital improvement needs of charter schools in a manner that is consistent with the school district planning processes, including a study of the issues involved in distributing receipts from property taxes imposed pursuant to the Public School Capital Improvements Act and the Public School Buildings Act in a manner that is consistent with those acts and equitable to charter schools and other schools in the school district; and

     BE IT FURTHER RESOLVED that the public school capital outlay oversight task force report its findings and recommendations to the governor and the legislature no later than December 15, 2010; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the public school capital outlay council, the governor, the public education department, the legislative council service, the legislative finance committee and the legislative education study committee.

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