HOUSE JOINT MEMORIAL 48

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Roberto J. "Bobby" Gonzales

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO STUDY THE FUNDING OF CAPITAL IMPROVEMENTS FOR CHARTER SCHOOLS AND OTHER PUBLIC SCHOOLS AND TO MAKE RECOMMENDATIONS ON REFORMING THE PUBLIC SCHOOL CAPITAL OUTLAY PROCESS.

     WHEREAS, the current system of public school capital outlay funding does not provide adequate resources for capital improvements for charter schools; and

     WHEREAS, school districts and advocates of charter schools have expressed to the legislature a willingness to work together to seek new solutions to alleviate the lack of adequate resources for public school capital outlay funding for charter schools; and

     WHEREAS, issues raised in connection with litigation regarding the Zuni public school district require that any reform of public school capital outlay give due regard to constitutional principles governing the fair and equitable distribution of capital outlay funding to public schools, including charter schools; and

     WHEREAS, any plan for reform of public school capital outlay funding must be fair and equitable to school districts as a whole in addition to charter schools; and

     WHEREAS, the public education department, the department of finance and administration, the public school capital outlay council and the legislature have an interest in confirming that any plan for public school capital outlay reform give due regard to overall funding requirements of the state;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of finance and administration, in consultation with the public education department, be requested to study the problems of adequate capital outlay funding for charter schools and make recommendations on systemic reforms that will make the public school capital outlay process fair and equitable for charter schools and other public schools; and

     BE IT FURTHER RESOLVED that the department report its findings to the public school capital outlay council and the legislative finance committee by September 1, 2006, including recommendations that specifically address new and alternative sources of capital outlay funding for charter schools, with due regard to the needs of school districts as a whole and constitutional principles of fairness and equity; and

     BE IT FURTHER RESOLVED that the department's recommendations include proposed legislation if such is found to be necessary; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of finance and administration, the secretary of public education, the director of the public school capital outlay council and the director of the legislative finance committee.

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