NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB 330

SOURCES OF INFORMATION

State Department of Education (SDE)

SUMMARY

Synopsis of Bill

Senate Bill 308 appropriates $400.0 from the general fund to the SDE for expenditure in fiscal year 2001 for the development and implementation of an alternate assessment system for special students unable to take the standard assessment.

Significant Issues

The SDE analysis states that not passing this bill MAY jeopardize the flow of $45 million available to New Mexico under the provisions of IDEA. If federal funds are not available, the state will have to provide services at New Mexico tax payer expense.

The analysis prepared by the SDE cites provisions in the 1997 reauthorization of the Individuals with Disabilities Act (IDEA) which requires that:

• students with disabilities be included in state and school district assessments,



• states develop and implement alternate assessment systems by July 1, 2000, for students unable to participate in state and district assessments,

• states and school districts develop specific guidelines to determine the eligibility of students to participate in the alternate assessment,



• the number of students participating in the alternate assessment system be reported, and



• the performance of students participating in the alternate system be reported in the same manner as those students participating in the standard assessment system.

SDE estimate that 3% of all special education students will participate in the alternate assessment system.

FISCAL IMPLICATIONS

Senate Bill 308 appropriates $400.0 in general fund. The appropriation in the bill will be sufficient to cover the projected cost of implementation, including materials and professional development, according to the SDE analysis.

Any unexpended or unencumbered balance remaining at the endo fiscal year 2001 shall revert to the general fund.

ADMINISTRATIVE IMPLICATIONS

None anticipated. SDE staff will implement the program with current FTE.

POSSIBLE QUESTIONS

How specific is the federal statute regarding the consequences of not enacting this legislation prior to July 1, 2000.

Will the federal government refuse to flow IDEA dollars? Is there an appeals process if the alternate assessment system is not in place?

Is it possible to develop this alternate system with federal dollars?

LB/prr/njw