Albuquerque superintendent seeks federal oversight on special-education funding

May 21--Some special-education proponents want the federal government to help sort out the state's special-education funding mess.

As part of that effort, Albuquerque Public Schools Superintendent Winston Brooks said he will ask his school board Wednesday to approve his plan to send a letter to U.S. Department of Education Secretary Arne Duncan asking for federal help in oversight of the state's public-education spending, which would include initiating a payment plan to settle any outstanding Maintenance of Effort (MOE) funds for special-education programs.

The letter also asks Duncan to put the state on a corrective action plan to force it to comply with federal law so the state does not decrease its support for special education.

"We need leadership in New Mexico," states Brooks' letter to Duncan. "I hope that you can be that leader and guide our state to a proactive solution which considers the needs of our students, responsible financial planning by the state and our legal and moral obligations under the law."

Last week, Santa Fe Public Schools Chief Financial Officer Carl Gruenler said it is still unclear how the problem will impact Santa Fe Public Schools financially, a point echoed by special-education director Tricia Elmer on Tuesday. She said Santa Fe has maintained its own funding requirements.

Federal special-education money supports counseling, aides, diagnostics, and speech and language services that are part of the Individualized Education Program for the state's 46,500 special-education students.

At issue is $34 million in federal funds that may be withheld from the state because it reduced the amount spent on special education in 2010 and 2011.

And there are more shortfalls moving forward, as a recent Legislative Finance Committee report estimates that the state also failed to maintain its spending from the year 2012 through the current budget cycle.

Under federal guidelines that allow for some flexibility in the wake of mitigating circumstances -- including an economic downturn -- the state requested a waiver from federal authorities for failing to maintain the funds in 2010 and 2011. The department granted a waiver for 2010 but not for 2011, which had the $34.1 million shortfall.

The state's Public Education Department continues to fight for that waiver and has said it will address any 2012 shortfalls after it settles its 2011 problems.

Earlier this month, the state failed in its efforts to receive permission to reduce its base level of required financial support for special education when a judge issued an opinion denying the request submitted by Gov. Susana Martinez and the state Public Education Department.

"I find it almost unconscionable to me that our state Public Education Department would be arguing with the feds about lowering the amount of money we allocate out to special-ed youngsters, who are most at risk and the neediest," Brooks said Tuesday. "The level of funding should be where it needs to be and not on a base line because of a waiver.

"The governor and Public Education Department continually says, 'Kids first, New Mexico wins.' Where are the special-ed kids in that?" he said.

Brooks announced his plan during a Monday evening meeting at the district's administrative building in Albuquerque. Carrie Menapace, policy analyst for the Albuquerque district, said by phone Tuesday that the meeting was intended to inform parents about what the potential cuts could mean to them. For instance, according to the presentation, had the state maintained adequate special-education funding in 2011-12, Albuquerque Public Schools would have received an additional $6.76 million from the state funding formula.

Though the state hasn't always maintained its special-education funding, all of the state school districts have, Menapace said. But in doing so, they have had to pull those funds from other programs within their own operating budgets.

Contact Robert Nott at 986-3021 or [email protected].

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