Dive Brief:

• Albuquerque Public Schools Superintendent Winston Brooks is asking his district's school board for permission to send a letter to Arne Duncan requesting federal assistance with the state's special education funding problems.  
• Brooks hopes the U.S. Department of Education can help the state set up a payment plan for outstanding special education Maintenance of Effort (MOE) funds and oversee the creation of a funding plan for the future, so the state can comply with federal law while not cutting special ed funding.  
• The letter comes on the heels of news that $34 million may be withheld from New Mexico due to the fact that, in 2010 and 2011, the state decreased the amount spent on special education.  

Dive Insight:

While the $34 million is being withheld based on spending shortfalls in 2010 and 2011, a new Legislative Finance Committee report indicates similar issues may have occurred in 2012, as well. The decrease was permitted in 2010 due to a waiver the state received from the federal government; but it didn't get the same waiver in 2011 when it continued to lower funding.

It would appear New Mexico has dug itself into a pretty big hole and getting federal oversight now is somewhat of a must if the state would ever like to get its special education funding back to normal.  

“We need leadership in New Mexico,” Brooks' letter says. “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.”