SENATE JOINT MEMORIAL 35

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

John Pinto

A JOINT MEMORIAL

REQUESTING THE LEGISLATIVE EDUCATION STUDY COMMITTEE TO STUDY THE USE OF IMPACT AID SET-ASIDE MONEY FOR INDIAN EDUCATION.

     WHEREAS, the education of all children is critical to the future of the state of New Mexico; and

     WHEREAS, according to the 2008-2009 tribal education status report, American Indian students make up eleven percent of statewide student enrollment; and

     WHEREAS, twenty-three of the eighty-nine school districts in New Mexico serve American Indian students, including Albuquerque public schools, Aztec municipal schools, Bernalillo public schools, Bloomfield public schools, Central consolidated schools, Cuba independent schools, Dulce independent schools, Espanola public schools, Farmington municipal schools, Gallup-McKinley county schools, Grants-Cibola county schools, Jemez Mountain public schools, Jemez Valley public schools, Los Lunas public schools, Magdalena municipal schools, Penasco independent schools, Pojoaque Valley public schools, Rio Rancho public schools, Ruidoso municipal schools, Santa Fe public schools, Taos municipal schools, Tularosa municipal schools and Zuni public schools; and

     WHEREAS, the New Mexico legislature passed the Indian Education Act in 2003 to further the educational opportunities for American Indian students and to enhance reporting and accountability to Indian parents and tribal leaders; and

     WHEREAS, the New Mexico legislature furthered its commitment to American Indian students by passing the American Indian Post-Secondary Education Act in 2009; and

     WHEREAS, studies by the office of education accountability show that, as a group, American Indian students are poorly prepared for college; since 2000, two-thirds or more of all American Indian students have taken remedial courses during their first semester of college; and

     WHEREAS, current school performance data, as documented by the public education department for the twenty-three identified school districts, indicate extremely low levels of school performance and little advancement in reading, math and sciences among American Indian students; and

     WHEREAS, the recently concluded audit commissioned by the senate finance committee found major discrepancies in the allocation and use of supplemental Public Law 81-874 set-aside funds within several of the twenty-three school districts serving American Indian populations; and

     WHEREAS, four funding programs, including the Indian Education Act, were used by school districts for American Indian students; and

     WHEREAS, Public Law 81-874, also known as impact aid, provides funding to districts and is intended to supplement district operational efforts to meet the academic and social needs and priorities of American Indian students, as those needs and priorities are collaboratively defined by tribal parents, leaders and the districts; and

     WHEREAS, decisions on how to allocate impact aid funding, which is twenty-five percent above base, reside with the local school district and tribal leaders; and

     WHEREAS, the eight northern pueblos have approved a resolution calling for increased accountability in the use of impact aid set-aside funds to meet the educational needs and priorities of American Indian students and for strengthened collaboration with pueblo leadership;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the legislative education study committee be requested to evaluate the status of Public Law 81-874, regarding impact aid set-aside funds, to determine if the local process used by districts ensures collaboration with tribal leaders and leads to an accurate identification of local needs through meaningful assessment processes in fulfillment of the requirements of law and American Indian policies and procedures; and

     BE IT FURTHER RESOLVED that the study examine the use of impact aid supplemental funds within the twenty-three districts to ensure that those funds are used to meet statutory requirements and to address educational needs to support the success of American Indian students; and

     BE IT FURTHER RESOLVED that the legislative education study committee hold hearings to receive testimony from the assistant secretary of the Indian education division of the public education department, the secretary of Indian affairs, a representative from the American Indian post-secondary education division of the higher education department, tribal leaders, representatives from tribal colleges, parents of American Indian students, school district superintendents and other interested individuals or organizations; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council and to the chair and vice chair of the legislative education study committee.

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