Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR
Gurrola/Torres-Velásquez/ Roybal
Caballero
LAST UPDATED
ORIGINAL DATE 3/4/25
SHORT TITLE Hispanic & Bilingual Education Programs
BILL
NUMBER
House Memorial
43
ANALYST Liu
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected No fiscal impact
Total
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to House Bills 200, 223, 467, 487 and 488 and Senate Bill 396
Sources of Information
LFC Files
Legislative Education Study Committee (LESC) Files
Agency Analysis Received From
Regional Education Cooperatives (REC) Agency Analysis was Solicited but Not Received From
Public Education Department (PED)
SUMMARY
Synopsis of House Memorial 43
House Memorial 43 (HM43) requests the Legislative Education Study Committee (LESC) to
study the implementation of the Hispanic Education Act and Bilingual Multicultural Education
Act and study the current state of Hispanic education, including evaluating and identifying
successful initiatives related to students’ academic performance and the funding structures for
Hispanic and bilingual education.
LESC is also requested to conduct this study in collaboration with:
A representative group of youth,
Representatives of the student groups named in the Martinez-Yazzie lawsuit,
Educator preparation programs,
Educational leaders and educators with expertise in bilingual education,
Higher education institutions,
Members of the community, and
The Public Education Department (PED). House Memorial 43 – Page 2
The memorial requests a published report of research and recommendations by December 31,
2025.
FISCAL IMPLICATIONS
Memorials do not contain appropriations and are not enforceable state laws. Additionally, the
study requested in this memorial is considered a normal operating function of the agency
involved and is not expected to have a significant fiscal impact.
SIGNIFICANT ISSUES
On February 14, 2019, the 1st Judicial District Court issued a final judgment and order on the
consolidated Martinez v. New Mexico and Yazzie v. New Mexico education sufficiency lawsuits,
determining that New Mexico’s public education system failed to provide a constitutionally
sufficient education for at-risk students, particularly low-income, English learner, Native
American, and special education students. The court found overall public school funding levels,
financing methods, and Public Education Department (PED) oversight were deficient and
ordered the state to provide sufficient resources, including instructional materials, properly
trained staff, and curricular offerings, necessary to provide the opportunity for a sufficient
education to all at-risk students.
Additionally, the court noted the state would need a system of accountability to measure whether
the programs and services provided the opportunity for a sound basic education and to assure
that local school districts spent funds provided in a way that efficiently and effectively met the
needs of at-risk students. However, the court stopped short of prescribing specific remedies and
deferred decisions on how to achieve education sufficiency to the legislative and executive
branch instead.
While the court’s findings did not outline remedies, the court agreed with testimony that
programs assisting students in acquiring English proficiency were required by state law, federal
law, and the New Mexico Constitution, and the state had failed to meet these requirements. The
court noted effective programs for English learners required qualified teachers, meaning
bilingual-certified or Teaching English to Speakers of Other Languages (TESOL)-endorsed
teachers. The court also agreed with testimony that well-organized and well-resourced bilingual
programs were superior and dual language programs were the gold standard of education for
English learners.
The court found most school district leadership lacked understanding about language and culture,
PED did not provide guidance nor oversight for bilingual multicultural education programs
(BMEP), and schools had insufficient materials and qualified teachers to operate BMEPs.
Additionally, stipend amounts for bilingual and TESOL endorsements varied widely across
districts, ranging from $500 to $3,000.
New Mexico has been a leader in bilingual education, becoming the first state to pass a bilingual
multicultural education law, the Bilingual Multicultural Education Act in 1969. The current law
was passed in 1973 and was amended in 2004 and again in 2018 to align with the federal Every
Student Succeeds Act. School districts and participating schools can choose the model of House Memorial 43 – Page 3
bilingual instruction, including those that focus instruction on English as a second language,
bilingual maintenance, and dual language instruction. As stated in the Bilingual Multicultural
Education Act, the state’s BMEP goals are for all participating students to become bilingual and
biliterate in English and a second language, including Spanish, a Native American language, or
another language. For Native American languages that are oral only, the literacy component is
measured only in the domains of listening, speaking, and comprehension.
The Hispanic Education Act, signed into law in 2010, was intended to improve the educational
success and postsecondary attainment of Hispanic students in New Mexico. The act provided for
the study, development, and implementation of educational systems to close achievement gaps
and increase graduation rates for Hispanic students, encourage and foster parental involvement in
education, and provide mechanisms for stakeholder groups to collaborate on solutions.
PERFORMANCE IMPLICATIONS
A 2022 LFC evaluation on bilingual multicultural education programs (BMEP) found the state
had 4,055 licensed bilingual teachers but only 806 bilingual teachers (20 percent) taught in a
bilingual multicultural education program. The report noted the state lacked appropriate
instructional materials and curriculum for these programs, which was cited by educators as a
barrier for instruction. Additionally, bilingual teachers noted the additional work of developing
materials and implementing these programs was challenging due to a lack of time and resources.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
This memorial relates to House Bill 200, which creates a formula factor for bilingual and TESOL
certified staff; relates to House Bill 223, which increases the BMEP formula factor; relates to
House Bill 467, which adds language instruction requirements in the Hispanic Education Act and
Bilingual Multicultural Education Act; relates to House Bills 487 and 488, which amend the
Hispanic Education Act; and relates to Senate Bill SB 396, which requires school districts
develop a systemic framework for improving the educational outcomes of Hispanic students.
OTHER SUBSTANT IVE ISSUES
In FY24, 503 public schools provided a BMEP, with 354 BMEPs providing at least some
Spanish language instruction. The number of Hispanic students participating in BMEPs and the
number of schools with Spanish-English BMEPs has declined in recent years.
House Memorial 43 – Page 4
Source: PED
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