By Jay F. May. Introduction

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FY2003 FY2007 FY2011 B C B Grade based on % of Weighted Funding Disparity New Mexico By Jay F. May Introduction This chapter compares district and charter school revenues statewide, and for Albuquerque for fiscal year 2011 (FY11). 1 Comparisons are made to previous research for FY03 and FY07, based on the same methodology. Funding disparities between districts and charter schools for the same geographic area are explored. The per pupil funding values in the analysis are weighted to compare districts and charter schools as though they served the same proportions of urban and suburban students (see Methodology for details). Additional research and insights not included in this chapter appear in the monograph at the beginning of this report. Also included in the Monograph is a state-by-state Return on Investment (ROI) analysis, which combines the analysis of revenues with student performance data. 256

Highlights of the FY11 Analysis The 81 charter schools analyzed in New Mexico, in aggregate, received 6.1 percent less in revenues on a per pupil basis than district schools. Charter schools received $10,336 vs. $11,008 for district schools a difference of $672 (Figures 1 & 3). If districts were to educate the same urban/metropolitan vs. suburban/rural proportion of students as charter schools do, the district weighted per pupil would be $10,701, or $365 (3.4%) more than charter schools ($10,701 less $10,336; see Figure 3). The 48 charter schools in Albuquerque, in aggregate, received 2.0 percent less in revenues on a per pupil basis than district schools. Charter schools received $10,258 vs. $10,464 for district schools a difference of $207 (Figure 3). Charter schools in New Mexico educate 4.6 percent of total public school students but receive only 4.4 percent of total revenues (Figure 3). Magnitude of Disparity: If all New Mexico districts received the same level of per pupil funding as charter schools, districts would have received $211,557,867 less in total funding (Figure 3). Key observations about Figure 3 are as follows: Figure 1 FY11 Total Statewide Revenue & Disparity Charter $10,336 Disparity ($672) Of all the states analyzed in the revenue study, New Mexico has one of the highest percentages of State funding for districts and charter schools (statewide districts, 64.5%; statewide charters, 85.9%; Albuquerque districts, 66.2%, and Albuquerque charters, 84.9%). Higher State funding appears to provide New Mexico with greater control and opportunity for equalization, because New Mexico also has one of the lowest funding disparities favoring districts. District $11,008 $0 $5,000 $10,000 $15,000 Per Pupil Revenue Figure 2 FY11 Total Statewide Enrollment New Mexico s geography and sparsity impacts funding levels differently than for most other states. Typically, the urban focus area in a state receives greater funding per pupil than the aggregate of statewide, but for Albuquerque the opposite is true. This could be due to small school funding factors, rural isolation factors, varying student need factors, or other characteristics unique to New Mexico. Probable Causes of Disparities Charter District 4.6% 15,260 0 200,000 400,000 Enrollment 95.4% 314,882 Probable causes of New Mexico s district-to-charter funding disparities include: Federal Funding Disparity -- Federal revenues are lower for charter schools than for districts (statewide, $2,166 per pupil for districts; $944 per pupil for charter schools); for Albuquerque, $1,672 for districts and $982 for charters. The specific causes of this Federal disparity are unknown, but this result can occur: a) Charter School Funding: Inequity Expands 257

Figure 3 FY2010-11 Per Pupil Revenue District Charter Difference % of District Per Pupil Revenue by Source Summary Data Table Statewide Statewide Weighted by Charter Enrollment Albuquerque $11,008 $10,701 $10,464 $10,336 $10,336 $10,258 ($672) ($365) ($207) (6.1%) (3.4%) (2.0%) District Charter District Charter District Charter Federal $2,166 $944 $1,887 $944 $1,672 $982 State $7,102 $8,882 $7,002 $8,882 $6,924 $8,711 Local $1,518 $208 $1,616 $208 $1,692 $303 Other $222 $302 $196 $302 $176 $261 Public-Indeter. $0 $0 $0 $0 $0 $0 Indeterminate $0 $0 $0 $0 $0 $0 Total $11,008 $10,336 $10,701 $10,336 $10,464 $10,258 Enrollment District 314,882 Focus Area Districts Educate 88,578 95.4% 28.1% of All District Students 89.4% Charter 15,260 Focus Area Charters Education 10,482 4.6% 68.7% of All Charter Students 10.6% Total Enrollment 330,142 N/A 99,060 Charter N/A Schools* 81 N/A 48 Revenue District $3,466,214,937 N/A $926,922,350 95.6% N/A 89.6% Charter $157,729,139 N/A $107,521,720 4.4% N/A 10.4% Total Revenue $3,623,944,077 N/A $1,034,444,070 Percentage of Revenue by District Charter District Charter District Charter Source Federal 19.7% 9.1% 17.6% 9.1% 16.0% 9.6% State 64.5% 85.9% 65.4% 85.9% 66.2% 84.9% Local 13.8% 2.0% 15.1% 2.0% 16.2% 3.0% Other 2.0% 2.9% 1.8% 2.9% 1.7% 2.5% Public-Indeter. 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Indeterminate 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Magnitude of Disparity = Total funding Difference times District enrollment (see above) ($211,557,867) ($18,311,499) * The 81 charter schools in Figure 3 are the number of charter schools for which both revenue and enrollment data could be acquired and analyzed. Other published state counts of charter schools may include a few more or less because of new or closing charter schools for which revenue data and/or enrollment data may not be available. Charter School Funding: Inequity Expands 258

when small charter schools choose not to pursue certain Federal revenues due to associated administrative burdens, b) because the rules for qualifying for Title I funds favor larger entities like districts, and/or, c) if funds from the Federal American Recovery and Reinvestment Act (ARRA) and State Fiscal Stabilization Fund (SFSF) grants provided to the state did not get distributed equitably. In many states with district-sponsored charter schools federal revenues may not be proportionately passed-through to their fiscally dependent charter schools. New Mexico law says these funds should be passed-through proportionately. The New Mexico Public Education Department collects detailed and consistent revenue data from charter schools, thus providing opportunity for enforcing compliance with state law. Charters Have Different Access to Facilities Funding The different mechanisms for district access to capital vs. charter access likely favor districts, and may generate some funding disparity. Where the Money Comes From State revenues come from: the state General Fund, the Current School Fund, and from Federal Mineral Leasing revenues. The state general fund revenues come from: personal income taxes, corporate income taxes, oil and gas school tax, insurance taxes, motor vehicle excise, and gaming excise. Nearly all state-level school district operational funds are distributed through the Public School Fund, which contributes earnings on permanent investments and land income. Only one significant state appropriation is not distributed through the public school fund, the Free Textbook appropriation, which is from the federal mineral leasing fund. 2 Approximately 45% of the state general fund is used to fund K-12 public education. 3 How New Mexico Funds its Districts Revenue is distributed to districts via three separate allocations: 4 Figure 4 Non-Public Funding 2.0% Figure 5 Non-Public Funding 2.9% FY11 Funding by Source -- District Public Funding 98.0% FY11 Funding by Source -- Charter Public Funding 97.1% Public- Indeter. 0.0% Local 13.8% State 64.5% Federal 19.7% Public- Indeter. 0.0% Local 2.0% State 85.9% Federal 9.1% 1) State Equalization Guarantee Distribution (SEG): SEG accounts for more than 90 percent of school districts operational revenue. 2) Transportation Distributions: Transportation revenues are allocated to each school district according to a statutory formula. 3) Supplemental Distributions: The Secretary of Education is authorized to make supplemental distributions for out-of-state tuition, emergency distributions, and emergency capital outlay. Charter School Funding: Inequity Expands 259

The state SEG formula uses cost differentials to reflect the costs associated with providing educational services to students, all of whom have differing needs. These differentials are referred to as units. There are additional unit values for: various groupings of grade levels; various levels of special education services; for bilingual education needs; for fine arts education; and, for elementary physical education programs. The formula also incorporates a training and experience level factor and additional units based on a variety of other factors: school/district size; rural isolation; at-risk; enrollment growth; charter school Act units; and, home school Act units. Districts also receive capital outlay funding, which is discussed below. How New Mexico Funds its Charter Schools Of all the states analyzed in the revenue study New Mexico has been one of the most successful at nearly equalizing district and charter school funding levels consistently over the past eight years. The fact that the primary equalizing component of funding, the State Equalization Guarantee, provides more than 90 percent 5 of a school district s and charter school s operational revenue no doubt contributes to this high level of equity. The other major factor contributing to equity is the fact that essentially the same funding formula used to determine district funding is used to also determine charter school funding. One last practice that helps to support district-to-charter equity is the practice of the Public Education Department (PED) collecting charter school revenue data at the same level of detail and consistency as their collection of district revenue data. This provides PED with the opportunity to monitor compliance with their state law requiring districts to pass-through all appropriate state and federal funding to dependent district charter schools. Charter schools are authorized either by local school districts (district charter schools) or by the state (state charter schools) through the Public Education Commission. District charter schools are not LEAs and receive their funding through their authorizing district. New Mexico law requires districts to pass-through money from state and federal programs to district charter schools with eligible students. State charter schools (approximately 44% in FY11) are LEAs and receive their funding directly from the state. The law provides that state charter schools may apply for all federal funds for which they are eligible. District charter schools must be included in their district s consolidated federal application, and cannot pursue federal grants independent of their host district. Origins of New Mexico s Successful Funding Formula The New Mexico public school funding formula is based on a model developed by the National Education Finance Project (NEFP) in the late 1960s and early 1970s. 6 One of the projects of the NEFP was to develop a computer model to simulate the fiscal consequences of alternative decisions in regard to financing of public elementary and secondary education. After adapting the NEFP model to construct a computer model matching conditions in New Mexico, this tool enabled a detailed study of public school funding in New Mexico and, subsequently, led to development of a new school finance plan. In 1974 the New Mexico Legislature enacted the Public School Finance Act. The Act s formula is designed to distribute operational funds to school districts objectively and in a non-categorical manner while providing for local school autonomy. Formula dollars received by local districts are not earmarked for specific programs. Within statutory and regulatory guidelines, school districts have the latitude to spend their dollars according to local priorities. Over past decades, the formula has been under constant analysis and refinement, but the basic approach has stood the test of time while maintaining the philosophical concept of education equity for all students. Funding for Public School Facilities Capital funding for school districts is provided by local and state sources. There are various Acts and programs supporting district capital needs, inclusive of: The Public School Capital Outlay Act Charter School Funding: Inequity Expands 260

Supplemental Severance Tax Bonds The Public School Capital Improvements Act Direct Legislative Appropriations Local General Obligation Bonds The Public School Buildings Act The Public School Lease Purchase Act Educational Technology Equipment Act Public Building Energy Efficiency and Water Conservation Act Impact Aid Funds Forest Revenue Funds Department of Energy Funds Department of Defense Funds. In lieu of most of the above provisions, New Mexico provides lease payments for charter schools at $700 per pupil (for FY13, pegged to an inflation index), and provides other capital provisions. Opportunities for charter school capital funding in New Mexico exceed provisions found in many other states. Although there may not be complete parity with district capital funding levels, in practice, these provisions appear to contribute more toward equity than the limited provisions in most other states analyzed. The law allows charter schools to access tax-exempt debt from counties. New Mexico law has allowed the Finance Authority to use public bond funds to construct charter facilities in a pilot project for up to seven charter schools. It allows funds loaned by the Finance Authority to be used for acquisition of buildings, land and facilities. The law requires school districts to share local facilities funds with public charter schools in a proportionate share to a charter s enrollment. These funds may be used as payments for approved lease-to-purchase agreements. The law allows charter schools to access public capital outlay grants through the Public School Capital Outlay Council in somewhat similar ways as districts. In practice, some of these capital access opportunities may not be as attractive, practical, and fully acted upon by local school districts on behalf of charter schools as opportunities available to districts. Long-Term Funding Patterns For New Mexico, we now have three point-in-time snapshots of public education funding for FY03, FY07, and FY11. Please note that in the presentation and discussion of longitudinal data that follows, the figures used are inflation adjusted to 2007 dollars and differ from figures presented in Figure 3, which includes actual and weighted per pupil revenues for FY11 only. The inflation adjusted per pupil revenues in Figures 6 8 are for comparative purposes only. Refer to the Methodology section for more on inflation adjustments. Charter School Funding: Inequity Expands 261

Total Funding Figure 6 illustrates how total revenue per pupil, inflation-adjusted, decreased between FY03 and FY11 for districts and charters statewide and for Albuquerque charters; revenue for Albuquerque districts increased between FY03 and FY11. FY03 and FY07 Statewide Total Funding Disparity: Consistent with the funding disparity noted in FY11 data in Figure 3 above, note that the statewide disparity favoring districts using inflation-adjusted dollars for FY03 was $487 ($10,193 for districts less $9,706 for charters) or 4.8 percent; and for FY07 was $909 ($10,149 for districts less $9,240 for charters) or 9.0 percent (Figure 6). Statewide, there has been a persistent total funding disparity favoring districts over the past eight years. Total Funding Changes from FY03 to FY11: Statewide and for Albuquerque, from FY03 to FY11, charter inflationadjusted Total Funding decreased at a greater rate than district revenues (see Figure 6). Statewide, Total Funding decreased from FY03 to FY11 for districts in the amount of $66 ($10,193 less $10,127), or 0.7 percent; for charters $197 ($9,706 less $9,509), or 2.0 percent. Albuquerque s Total Funding for districts increased $875 ($9,627 less $8,752), or 10.0 percent; whereas charter revenues decreased $180 ($9,617 less $9,437), or 1.9 percent. From FY03 to FY11 inflation-adjusted total revenue per pupil for charter schools decreased at a greater rate than for districts. Figure 6 Total Funding, All Sources -- Inflation Adjusted -- Over Time $10,500 DISTRICT CHARTER FY03 FY07 FY11 $10,000 $9,500 $9,000 $8,500 $8,000 Statewide District (D) Statewide Charter (C) Albuquerque-D Albuquerque-C FY03 $10,193 $9,706 $8,752 $9,617 FY07 $10,149 $9,240 $9,709 $9,268 FY11 $10,127 $9,509 $9,627 $9,437 Per Pupil Revenue Charter School Funding: Inequity Expands 262

Total Funding Less Other Our study includes total funding whether the funds originate from public or private sources. Other is comprised of philanthropic and other non-tax revenues, which can play a significant role in the financing of charter schools. Therefore, we have removed Other dollars from this level of analysis to determine if funding from public sources is distributed equitably to districts and to charter schools. Public funding includes Local, State, Federal, Indeterminate- Public, and where we cannot determine the source, Indeterminate. Note: For the FY03 and FY07 analyses Other funding was not separately identified. For those analyses, Other Funding was included with Local Funding. Due to data and analysis refinements Other Funding has been separately identified for this FY11 analysis and was less than 3 percent of Total Funding. For purposes of longitudinal analysis, caution should be exercised for any comparative use of data in Figures 7 and 8. For that reason, there are no longitudinal observations regarding Figures 7 and 8. Figure 7 Total Funding Less Other -- Inflation Adjusted -- Over Time $10,500 DISTRICT CHARTER FY03 FY07 FY11 $10,000 $9,500 $9,000 $8,500 $8,000 Statewide District (D) Statewide Charter (C) Albuquerque-D Albuquerque-C FY03 $10,193 $9,706 $8,752 $9,617 FY07 $10,149 $9,240 $9,709 $9,268 FY11 $9,923 $9,231 $9,465 $9,197 Per Pupil Revenue Charter School Funding: Inequity Expands 263

Other Funding See above cautionary note regarding limitations in the use of Other funding data. Only FY11 Other funding data is available and shown in Figure 8. Figure 8 Other Funding, Non-Tax Sources -- Inflation Adjusted -- Over Time $300 DISTRICT CHARTER FY03 FY07 FY11 $250 $200 $150 $100 $50 $0 Statewide District (D) Statewide Charter (C) Albuquerque-D Albuquerque-C FY2003 $0 $0 $0 $0 FY2007 $0 $0 $0 $0 FY2011 $204 $278 $162 $240 Per Pupil Revenue Changes in Funding Results Figure 9 illustrates changes in total funding levels by source from FY03 to FY11, using inflation-adjusted dollars (adjusted to 2007). Significant changes include: Total revenues for districts and charter schools statewide and for Albuquerque s charter schools decreased from FY03 to FY11; Albuquerque district total revenues increased by 10.0 percent. Federal revenues for statewide and Albuquerque districts increased significantly; but decreased significantly for charter schools. State revenues for districts statewide decreased, and increased slightly for all other district and charter domains. Local revenues decreased for districts and charters statewide and for Albuquerque. Charter School Funding: Inequity Expands 264

Figure 9 Per Pupil Revenue -- Inflation Adjusted -- Over Time Percentage Increase / Decrease (black shading) From/To: FY2003 / FY2011 Federal State Local Other Total Statewide District (D) 43.6% -5.0% -27.7% N/A -0.6% Statewide Charter (C) -46.8% 6.4% -51.4% N/A -2.0% Albuquerque-D 103.8% 1.0% -7.9% N/A 10.0% Albuquerque-C -30.4% 0.4% -16.3% N/A -1.9% Figure 10 shows changes in the percentage of Total Funding disparity from FY03 to FY11. The disparity favoring districts is low and persists in similar amounts since FY07 with only minor fluctuations. Figure 10 Disparity as Percent of District -- Over Time Negative Disparities Mean Districts Receive More (red text) Focus Area FY2003 FY2007 FY2011 Statewide -4.8% -9.0% -6.1% Albuquerque 9.9% -4.5% -2.0% Select Enrollment Characteristics Charter school percentages for free or reduced price lunch, a proxy for low-income, and Title I are somewhat less than district percentages. 7 The difference in percentages of special education enrollment is unknown due to inaccessible data see ** note below but, the total percentage for the state, including inseparable districts and charter schools, is 14.1%. 8 Figure 11 Student Group >>> Year >>> Select Enrollment Characteristics Percentage of Total Enrollment Free & Reduced Lunch Title I Special Education FY03 FY07 FY11 FY03 FY07 FY11* FY03 FY07 FY11** Statewide District 59.0% 61.1% 68.5% 57.6% 71.5% 91.3% N/A N/A 14.1% Statewide Charter 59.8% 48.7% 48.3% 15.1% 45.0% 54.3% N/A N/A 14.1% *The accuracy of the NCES percentage for district Title I enrollment (91.3%) is questionable it looks too high. Normally, Title I percentages show a close relationship with Free & Reduced Lunch percentages (only 68.5%). In general across all states, the NCES Common Core data has numerous instances indicating where state reported data does not meet NCES data standards, and instances where data were not reported or otherwise missing; and other errors have been noted in the past. However, this was the best data available and accessible at the time of the analysis. Charter School Funding: Inequity Expands 265

**A state web-site source for special education enrollment for districts and charter schools could not be found. Attempts to acquire special education enrollment were referred to a requirement to go through the Freedom of Information Act (FOIA) process. The timeline of the FOIA process was longer than the time line necessary for this analysis. Instead, New Mexico s Annual Performance Report to the federal agency for oversight of special education was used to acquire the percentage of special education in Figure 11 (14.1%). However, that state report to a federal agency did not separate special education enrollment for districts vs. charter schools, it reported only a statewide count. Therefore, the specific percentages for districts vs. charter schools is unknown. The statewide total is presented in Figure 11 for both districts and charter schools. Funding Practices Summary Figure 12 PURPOSE This table summarizes answers to key funding mechanism questions in context with a grade based on actual funding results. Funding Practices Summary GRADE FY2003 FY2007 FY2011 B C B Grade based on % of Weighted Funding Disparity ACCESS TO FUNDING SOURCES Do charter schools have access to this funding source according to state statutes? In practice, do charter schools have at least as much access to this funding source as districts have? FUNDING Federal Source State Source Local Source Facilities Source Yes Yes No Yes No Yes No No REF Do charter school students receive at least 95% as much per pupil in revenue for this source as district students? No Yes No No 1 DATA AVAILABILITY Does the state provide reasonable access to detailed public data on federal, state, local, and other revenues for district schools? Does the state provide reasonable access to detailed public data on federal, state, local, and other revenues for charter schools? Yes Yes FUNDING FORMULA Are charter schools treated as LEAs for funding purposes? Does the state provide funding for charter schools and districts based primarily on student enrollment? No 2 Yes 1 The answers in Figure 12 to questions under the Access to Funding Sources combined with the funding results in Figure 3 showing a relatively high degree of district-to-charter equity illustrate New Mexico s significant effort and success via their funding mechanism to approach funding equity. New Mexico has the same funding challenges as many other states overcoming significant disparities in Federal, Local, and Facilities funding see the No answers to, Do charter school students receive at least 95% as much per pupil as district students? Yet, New Mexico leverages state funding effectively to compensate for those disparities. 2 Charter schools authorized by local school boards (approximately 56%) are not LEAs, receive their funding through their authorizing district, and are referred to as district charter schools. Charter schools approved by the state (approximately 44%) by the Public Education Commission are their own LEA, are funded directly, and are referred to as state charter schools. Charter School Funding: Inequity Expands 266

Endnotes 1 The source for district and charter schools revenue data was an Excel spreadsheet file name: C1-C224 2010-11 Actual Revenues (All Funds).xlsx -- downloaded from the New Mexico PED web-site. That Excel spreadsheet provides the same level and detail and consistency of revenue data for charter schools as for districts. 2 Public Education Department, School Budget and Finance Bureau. How New Mexico Public Schools are Funded. 2/10/2009. <http://www.ped.state.nm.us/div/fin/school.budget/dl09/how%20%20schools%20are%20fundedfy0209.pdf>. 3 Legislative Education Study Committee. Public School Reference Guide. Winter 2011. <http://www.nmlegis.gov/lcs/lesc/lescdocs/public%20school%20data%20reference%20guide%202010-2011.pdf>. 4 See endnote ii above. 5 See endnote ii above. 6 See endnote ii above. 7 National Center for Educational Statistics (NCES). Common Core of Data, Table Generator. FY11. http://nces.ed.gov/ccd/elsi/. 8 State of New Mexico, Public Education Department, Special Education Bureau. Annual performance Report. FY11, FFY10. <http://www.ped.state.nm.us/seb/data/2012/2011%20children%20with%20disabilities%20ages%203-21.pdf>. Charter School Funding: Inequity Expands 267