{"id":128353,"date":"2016-02-16T21:12:17","date_gmt":"2016-02-17T04:12:17","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=128353"},"modified":"2016-02-16T21:12:19","modified_gmt":"2016-02-17T04:12:19","slug":"state-racing-clock-to-avoid-loss-of-millions-in-federal-special-ed-funds","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2016\/02\/state-racing-clock-to-avoid-loss-of-millions-in-federal-special-ed-funds\/","title":{"rendered":"State racing clock to avoid loss of millions in federal special-ed funds"},"content":{"rendered":"<div id=\"attachment_128358\"  class=\"wp-caption module image alignnone\" style=\"max-width: 771px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-128358\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/02\/3171047_web_Senator-Mimi-Stewart-14645-cmyk-771x678.jpg\" alt=\"Mimi Stewart\" width=\"771\" height=\"678\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/02\/3171047_web_Senator-Mimi-Stewart-14645-cmyk-771x678.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/02\/3171047_web_Senator-Mimi-Stewart-14645-cmyk-336x295.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/02\/3171047_web_Senator-Mimi-Stewart-14645-cmyk-768x675.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/02\/3171047_web_Senator-Mimi-Stewart-14645-cmyk.jpg 1000w\" sizes=\"auto, (max-width: 771px) 100vw, 771px\" \/><\/a><p class=\"wp-media-credit\">Clyde Mueller \/ The New Mexican<\/p><p class=\"wp-caption-text\">Sen. Mimi Stewart, D-Albuquerque, at her seat on the New Mexico senate floor Monday. The senator says she is &#8220;very frustrated that they [PED] think they have solved everything&#8221; needed to prevent the loss of at least $34 million in federal special-education funding, &#8220;but the United States Department of Education is not willing to say anything about it.&#8221;<\/p><\/div>\n<p>Time and money are both running out as state education officials try to broker a deal with the U.S. government by the end of the legislative session, at noon Thursday, to prevent the loss of at least $34 million in federal funding for special-education programs.<\/p>\n<p>The pact, which state Public Education Secretary Hanna Skandera said she negotiated with the U.S. Department of Education earlier this month, calls for the state to invest an additional $9 million a year over the next five years &#8212; $45 million in all &#8212; into its special-education programs in lieu of future federal grant cuts. The state faces the funding cuts as a penalty for failing to invest enough of its own money in the programs in years past.<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This article comes from <a href=\"http:\/\/www.santafenewmexican.com\/\" target=\"_blank\">The Santa Fe New Mexican<\/a>. NMPolitics.net is paying for the rights to publish articles about the 2016 legislative session from the newspaper. Help us cover the cost by\u00a0<a href=\"http:\/\/nmpolitics.net\/index\/2015\/10\/nmpolitics-net-cant-exist-without-your-financial-support\/\" target=\"_blank\">making a donation to NMPolitics.net<\/a>.<\/p>\n<\/aside>\n<p>To make the deal stick, before the session ends, the state Legislature would have to approve the release of the first year&#8217;s payment of $9 million from a fund that lawmakers set aside in preparation for a worst-case scenario. But there&#8217;s only $16 million left in that contingency fund, as lawmakers have &#8220;swept away&#8221; some $36 million to help balance the state budget for the coming fiscal year.<\/p>\n<p>Complicating the matter further, details on the agreement remain unclear &#8212; lawmakers from both parties say they haven&#8217;t seen them &#8212; and federal Education Department officials have not confirmed the deal.<\/p>\n<p>&#8220;I can&#8217;t commit future legislators or future executives to that type of a deal without seeing a formal agreement,&#8221; Rep. Jimmie Hall, R-Albuquerque, said <span class=\"aBn\" data-term=\"goog_1593450946\"><span class=\"aQJ\">Tuesday<\/span><\/span>. He said the dwindling contingency fund means &#8220;we have the $9 million for the first year and go a long way toward covering the second year.&#8221;<\/p>\n<p>Last week, a spokesman for the U.S. Department of Education said he couldn&#8217;t confirm anything about the deal beyond saying, &#8220;This matter is pending litigation, and we do not comment on matters pending litigation.&#8221; He didn&#8217;t respond to a follow-up email query<span class=\"aBn\" data-term=\"goog_1593450947\"><span class=\"aQJ\">Tuesday<\/span><\/span>.<\/p>\n<p>&#8220;I am very frustrated that they [PED] thinks they have solved everything, but the United States Department of Education is not willing to say anything about it,&#8221; said state Sen. Mimi Stewart, D-Albuquerque. &#8220;That means that the deal is not really done.&#8221;<!--more--><\/p>\n<p>Stewart said <span class=\"aBn\" data-term=\"goog_1593450948\"><span class=\"aQJ\">Monday<\/span><\/span> that she discovered the deal includes a commitment of an additional $3 million per year from the state to maintain federal funding standards, making it a $60 million investment over five years. But a spokesperson for the state Public Education Department said <span class=\"aBn\" data-term=\"goog_1593450949\"><span class=\"aQJ\">Tuesday<\/span><\/span> that the agreement would allow the state to pull that $3 million from the extra $9 million investment.<\/p>\n<p>At stake is the potential loss of at least $34 million in future federal funding due to at least two violations of the federal government&#8217;s special-education grant requirements. The federal dollars augment state dollars for programs that serve nearly 50,000 special-education students across New Mexico. The U.S. government requires states to contribute a certain amount of their own money to receive the special-education grants, but if a state fails to do that, it may receive decreased federal funding for those services in the future.<\/p>\n<p>Dating back to the end of Gov. Bill Richardson&#8217;s administration, the New Mexico Public Education Department did not keep up with those federal funding requirements in fiscal years 2010, 2011 and 2012, falling short by more than $100 million total over the three years.<\/p>\n<p>The U.S. Department of Education did grant New Mexico some flexibility by approving a request for a waiver from the grant requirements for fiscal year 2010. New Mexico maintains that given the financial situation the state is facing, it has the right to reduce its own special-education expenditures.<\/p>\n<p>But in the spring of 2014, federal appeals Judge Richard O&#8217;Hair said he did not concur with the state&#8217;s reasoning, and last October, former U.S. Education Secretary Arne Duncan affirmed O&#8217;Hair&#8217;s ruling.<\/p>\n<p>Stewart said she feels the Public Education Department &#8220;jumped the gun&#8221; on announcing the deal.<\/p>\n<p>&#8220;It&#8217;s a very messy, &#8216;what is it?&#8217; contract. I just don&#8217;t trust the PED anymore,&#8221; she said.<\/p>\n<p><em>Contact Robert Nott at (505) 986-3021 or <a href=\"mailto:rnott@sfnewmexican.com\">rnott@sfnewmexican.com<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Time and money are both running out as state education officials try to broker a deal with the U.S. government by the end of the legislative session, at noon Thursday, to prevent the loss of at least $34 million in federal funding for special-education programs.<\/p>\n","protected":false},"author":1,"featured_media":128358,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[3250,234,125,107,116],"class_list":["post-128353","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-2016-legislative-session","tag-children","tag-education","tag-roundhouse","tag-washington"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/128353","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=128353"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/128353\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/128358"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=128353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=128353"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=128353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}