Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Begaye

DATE TYPED 2/14/05

HB 344/aHCPAC

SHORT TITLE Gather Native American Student Statistics

SB

ANALYST Chabot

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Indian Affairs (DIA)

Public Education Department (PED)

SUMMARY

Synopsis of HCPAC Amendment

The House Consumer and Public Affairs Committee amendment to HB 344 adds the requirement

for PED to report on required information for Bureau of Indian Affairs’ schools, grant and con-

tract schools and mission schools operating on reservation land; deletes the requirement for re-

porting on single parent families; and requires distribution of the report to all Pueblo and other

Tribal Indian Education Departments.

Synopsis of Original Bill

House Bill 344 enacts a new section of the Public School Code requiring PED establish by rule

procedures for gathering and compiling information on Native American students (as defined in

the bill) in public schools reported through the accountability data system (ADS) on the 40

th

, 80

th

and 120

th

days on the following:

1.

Number of Native American students in attendance;

2.

Of those Native American students in third grade, their English reading percentile scores;

3.

Number of Native American students who transferred to a new school since the begin-

ning of the school year;

House Bill 344/aHCPAC -- Page 2

4.

Number of Native American students who have withdrawn without re-enrolling or re-

questing the records be forwarded to another school;

5.

Number of Native American students living in a single-parent household;

6.

Number of Native American students identified for special education;

7.

Number of Native American students identified for special education in the previous

year;

8.

Number of Native American students qualified for the federal free or reduced lunch pro-

gram; and

9.

Number of suicides of Native American students.

The PED secretary will report annually to the interim legislative Indian Affairs Committee at the

October meeting summarizing the statistics and distribute the report to the Navajo Nation Indian

Education Department and to all school districts where Native Americans comprise 30 percent or

more of the student population.

Significant Issues

DIA assess “by having data and statistics available on Native American students, the Department

may be able to develop strategies to better meet the unique needs of Native Americans…The in-

formation may also help to mobilize the tribes and the school districts to develop strategies or

programs to address the needs of Native American students.”

PED states “currently, the PED reports on Native American students as required by the federal

No Child Left Behind (NCLB) Act of 2001. The PED also reports on the ‘mobility’ of public

and charter school students. Between NCLB requirements and the collection of mobility data,

the PED is already addressing the intent of this bill. It can report this data for Native Americans

and on all ethnicities as defined by NCLB.

“The requirement to collect all information in the PED’s Accountability Data System for every

reporting period would limit the PED’s flexibility to use its current means of collecting assess-

ment, mobility and dropout data. Through current data gathering, the PED reports this informa-

tion in the Districts’ Report Cards as required by NCLB. All data elements of this bill are col-

lected except single-parent household and suicide information.”

FISCAL IMPLICATIONS

There is no appropriation in the bill; however PED states there will significant, although unspeci-

fied, costs to department, local education agencies and for the report creation.

ADMINISTRATIVE IMPLICATIONS

DIA states “at this time, the Indian Education Division [of PED] does not have a sufficient num-

ber of staff to assist with gathering information and developing reports.”

PED states they collect items 1, 2, 6 and 8 for NCLB, can query the system for 3,4 and 7, and

could develop a field to collect item 9; however, the department thinks item 9 should be provided

by the Department of Health (DOH).

House Bill 344/aHCPAC -- Page 3

TECHNICAL ISSUES

PED adds that “single-parent” needs to be defined.

ALTERNATIVES

Since PED is collecting most of the information the bill could be changed to have the agency re-

port the requested information to the interim Indian Affairs Committee on a semi-annual basis in

June and December each year. The department could coordinate with DOH for suicide informa-

tion and with the U.S. Census Bureau and the Bureau of Indian Affairs for information on single-

parent families with children attending public schools.

This would entail the following amendments to the bill:

1.

Page 1, lines 22 and 23, insert a period after “schools” and striking the rest of the sen-

tence.

2.

Page 1, lines 24 after “on” strike the rest of the sentence through page 2, line 1, and insert

“the end of the school year and on December 31:”

3.

Page 3, line 16 strike “October” and insert “June”.

4.

Page 3, line 20 insert after “report” “before the legislative session”.

5.

Page 3, line 21 insert after “the” “house and senate education committees, the”.

POSSIBLE QUESTIONS

1.

What will this information be used for.

2.

Does ADS have the capability to provide this information.

GAC/yr