Via Email and U.S. Mail
Mr. William W. Sprick
February 3, 2016
Page 1 of 2
February 3, 2016
VIA EMAIL AND U.S. MAIL
Mr. William W. Sprick
New Mexico Public School Facilities Authority
1312 Basehart Road, SE Suite 200
Albuquerque, NM 87106
Re: Written documentation of request for facilities to local district
Dear Mr. Sprick:
This firm represents the New America School–NM (“NAS”). It is my understanding through correspondence with Ms. Colleen Martinez that the Public School Facilities Authority is requiring as a condition of final approval of NAS’s Facility Master Plan (“FMP”) a “written request as well as any response received regarding your request to locate in existing APS facilities. If the school did not send a letter to APS requesting space, please have school send letter and include it in the FMP.”
Because, NAS was renewed for a second term beginning in July 1, 2014, the law does not require that this school demonstrate it has met the requirements of NMSA 1978, §22-8B-4.2(D) until its next renewal cycle beginning July 1, 2019. Certainly, NAS meets the requirements of Subparagraph (A), which requires that its facilities meet educational occupancy standards, and we know the buildings already meet the higher standard of adequacy standards for public schools – in advance of the statutory requirement. The only remaining issue of compliance, which is not applicable to NAS until July 1, 2019, is whether it has met the requirements of NMSA 1978, §22-8B-4.2(D)(2), which states:
(2) if it is not housed in a building described in Paragraph (1) of this subsection, demonstrates that:
(a) the facility in which the charter school is housed meets the statewide adequacy standards developed pursuant to the Public School Capital Outlay Act and the owner of the facility is contractually obligated to maintain those standards at no additional cost to the charter school or the state; and
(b) either: 1) public buildings are not available or adequate for the educational program of the charter school; or 2) the owner of the facility is a nonprofit entity specifically organized for the purpose of providing the facility for the charter school.
By the terms of its lease agreements, NAS has already complied with subparagraph (D)(2)(a). The only remaining question is whether there is or is not a public building currently “available or adequate for the educational program of the school.” NMSA 1978, §22-8B-4.2(D)(2)(b). However, (D)(b)(a) is not a requirement NAS must comply with until its renewal in July 2019.
At the time NAS was approved, attempts were made to contact Albuquerque Public School District (“APS”) concerning the charter school’s application and need for facilities, but the founders did not receive a response. Because the founders did not receive a response from APS, it went about locating a site for its charter school. Moreover, at the time this school was initially approved and then subsequently renewed, neither PSFA, New Mexico Public Education Department, New Mexico Public Education Commission (NAS’s chartering authority), nor the Charter Schools Division, had a policy requiring that the charter applicant demonstrate that there were no district school facilities available, which would have been contrary to the applicable law. NAS has made a substantial investment in its current location, in fact, its current physical location is a material term of its current charter contract with the New Mexico Public Education Commission, which raises the question of whether any APS facility is “adequate” for NAS’s program.
For these reasons, NAS contends that it should not be required to present a letter to PSFA stating there are no APS facilities available as a condition of PSFA’s acceptance and approval of NAS’s Facility Master Plan. NAS respectfully requests that you accept this letter as its explanation for why it has not contacted APS regarding available facilities and that PSFA approve NAS’s FMP as presented by Ms. Martinez, which, I understand has met all other specifications.
If PSFA disagrees with this assessment, I would appreciate a response to my letter. Alternatively, please accept this letter as the demonstration that NAS has met the requirements of NMSA 1978, §22-8B-4.2 as currently applicable to it. Please do not hesitate to contact me with any questions.
Sincerely yours,
MATTHEWS FOX, P.C.
By: ______
Patricia Matthews
cc:Ms. Latricia Mathis, Principal – New America School–NMvia email