HM 51 — STUDY PUBLIC SCHOOL FUNDING FORMULA

HOUSEA MEMORIAL 51REQUESTING 56THTHE LEGISLATURELEGISLATIVE -EDUCATION STATESTUDY COMMITTEE, IN COLLABORATION WITH THE LEGISLATIVE FINANCE COMMITTEE, THE DEPARTMENT OF NEWMEXICOFINANCE -AND FIRSTADMINISTRATION, SESSIONTHE 2023PUBLIC INTRODUCEDEDUCATION BYDEPARTMENT, SusanTHE K.PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL AND OTHER REPRESENTATIVES OF STAKEHOLDER GROUPS, TO APPOINT A SUBCOMMITTEE TO STUDY THE PUBLIC EDUCATION FUNDING FORMULA AND ASSESS WHETHER THE FUNDING FORMULA IS MEETING THE REQUIREMENTS OF ARTICLE 12, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO AND TO PROVIDE RECOMMENDATIONS TO THE FIFTY-EIGHTH LEGISLATURE, FIRST SESSION.

HerreraWHEREAS, Article 12, Section 1 of the constitution of New Mexico provides that a "uniform system of free public schools sufficient for the education of, and Debraopen M.to, all children of school age in the state shall be established and maintained";

Sariñana and JoyWHEREAS, Garrattthe first judicial district court found New Mexico's public education system has failed to provide a constitutionally sufficient and Christineadequate Trujilloeducation for at-risk students, including English learners, Native American students, students with disabilities and G.low-income students;

Andrésand RomeroWHEREAS, 7the 9first Ajudicial MEMORIALdistrict REQUESTINGcourt THEenjoined LEGISLATIVEthe EDUCATIONstate STUDYto COMMITTEE,provide INsufficient COLLABORATIONresources, WITHincluding THEHM LEGISLATIVE51 FINANCEPage COMMITTEE, THE DEPARTMENT OF FINANCE AND ADMINISTRATION, THE PUBLIC EDUCATION DEPARTMENT, THE PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL AND OTHER REPRESENTATIVES OF STAKEHOLDER GROUPS, TO APPOINT A SUBCOMMITTEE TO STUDY THE PUBLIC EDUCATION FUNDING FORMULA AND e t 17 ASSESS WHETHER THE FUNDING FORMULA IS MEETING THE REQUIREMENTS w l n d 18 OF ARTICLE 12, SECTION 1 OFinstructional THEmaterials, CONSTITUTIONwell-trained OFstaff NEWand MEXICOcurricular ANDofferings, =necessary =for 19providing aall lstudents TOwith PROVIDE RECOMMENDATIONS TO THE FIFTY-EIGHTH LEGISLATURE, i a econstitutionally rsufficient 20public FIRSTeducation; SESSION.

aand t m m 21 d r e 22 WHEREAS, Articlethe 12,legislature Sectionhas 1responded ofto the constitutionfirst ofjudicial Newdistrict ccourt's eruling sby ksignificantly 23increasing Mexicoinvestments providesin thatschool apersonnel "uniformcompensation, systemprograms ofand freeservices publicfor schoolsstudents ewith aat-risk nfactors, binstructional 24materials uand [educational sufficienttechnology, forearly theliteracy education of, and openreading to,support allinitiatives childrenand ofprofessional schoollearning ageopportunities infor theeducators state shall be established and maintained";school leaders;

.225088.1 and WHEREAS, the first judicial district court foundhas Newnot Mexico'syet publicfound educationthe systemstate has failed to providebe ain constitutionallycompliance sufficient and adequate education for at-risk students, including English learners, Native American students, students with disabilitiesits andfindings; low-income students;

and WHEREAS, thea firstwell-designed judicialpublic districtschool courtfunding enjoinedmethodology theis statea tocritical providecomponent sufficientin resources,achieving includinga instructionalhigh-quality, materials,equitable well-trained staff and curricular offerings, necessary for providing all students with a constitutionally sufficient public education;education system;

and WHEREAS, the legislaturecurrent haspublic respondededucation tofunding theformula firstwas judicialcreated district court's ruling by significantly increasing investments in school1974 personnel compensation, programs and serviceshas forbeen studentsamended withor at-riskadded factors,to instructionalmore materialsthan andfifty educationaltimes technology,since earlyits literacyinception; and e t 17 reading support initiatives and professional learning w l n d 18 opportunities for educators and school leaders;

and = = 19 a l WHEREAS, the first judicial district court has not yet i a e r 20 found the state to be in compliance with its findings;

and a t m m 21 WHEREAS, a well-designed public school funding methodology d r e 22 is a critical component in achieving a high-quality, equitable c e s k 23 and constitutionally sufficient public education system;

and e a n b 24 WHEREAS, the current public education funding formula was u [ created in 1974 and has been amended or added to more than .225088.1 - 2 - fifty times since its inception;

and WHEREAS, the cost differential for kindergarten students was last adjusted in 1990, with the subsequent inclusion of HM 51 Page 2 three- and four-year-old developmentally disabled students;

and WHEREAS, the cost differentials for students enrolled in bilingual and multicultural education programs were last e t 17 adjusted in 1993;

and w l n d 18 WHEREAS, the five-year phase-out of the small school = = 19 a l program cost differential is almost complete, with the i a e r 20 simultaneous phase-in of the rural population factor;

and a t m m 21 WHEREAS, the at-risk factor has been increased from nine d r e 22 hundred fifteen ten-thousandths in fiscal year 2014 to its c e s k 23 current three-tenths;

and e a n b 24 WHEREAS, the fine arts factor has not been adjusted since u [ fiscal year 2006;

and .225088.1 - 3 - WHEREAS, the cost differential for school districts and charter schools serving students in a home school environment was last adjusted in 2013;

and WHEREAS, the legislature has enacted legislation to HM 51 Page 3 allow a school district or charter school to generate additional program units through participation in the K-5 plus and extended learning time programs;

and e t 17 WHEREAS, it is unclear whether the methodology of w l n d 18 determining student membership is an adequate method of = = 19 a l determining the program units to which a school district or i a e r 20 charter school is entitled;

and a t m m 21 WHEREAS, the state equalization guarantee, which is the d r e 22 distribution of state money for education, is computed by c e s k 23 determining each school district's or charter school's total e a n b 24 program units and then multiplying that by the unit value to u [ derive the program cost;

and .225088.1 - 4 - WHEREAS, there are several proposals in the fifty-sixth legislature, first session, to amend the public education funding formula, including an increase to the at-risk factor, an increase to the fine arts factor, a repeal of the K-5 plus HM 51 Page 4 factor and a repeal of the extended learning time factor;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the legislative education study committee, in collaboration with the legislative finance committee, the public education department, the department of finance and administration, the public school e t 17 capital outlay council and representatives of the public school w l n d 18 facilities authority, the New Mexico association of school = = 19 a l business officials and the New Mexico coalition of educational i a e r 20 leaders, be requested to study the public education funding a t m m 21 formula and assess whether the funding formula is meeting the d r e 22 requirements of Article 12, Section 1 of the constitution of c e s k 23 New Mexico;

and e a n b 24 BE IT FURTHER RESOLVED that the study include legislation u [ passed by the fifty-sixth legislature, first session;

and .225088.1 - 5 - BE IT FURTHER RESOLVED that the results of this study be reported to the legislative education study committee, the HM 51 Page 5 legislative finance committee and the governor before the 2025 legislative session;

-HM 651 -Page 166 e25 t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225088.1