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CHAIR: 'Rules
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SENATOR UNDA M. LOPEZ
D-Bernalillo-11

'JudiciarY

9I32 Suncrest Rd. SW Albr.querque, NM 87121


Phone' (505)8314148

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March 20.2013

Attorney General GarY King Office of the AttorneY General


408 Galisteo Street
Santa Fe,

NM

87501

Hanna Skandera Re: Confirmation flearing for PED Secretary-Designate Dear AttorneY General King:

to the (SRC) began confinnation hearings related As you are aware, the senate Rules committee (PED) of the NM public Education Department appointment of Hanna skandera as secretary 3 days during the current Regular Legislative The first phase of the hearings was helcl over comment. Public comment was followed by Session and generated corsiderable public from the Secretary-Desigrute, which have in
questions from sRc members, with responses your office's assistance in answering' Please themselves generated questions that require for an Attorney General's opinion related to the consider this corrcspondence a formal request
issues described below'

that the governing Act, sections 22-gB,-1, et sQ., NMSA rg78 states of the with a for-profit entity for the miuugement body of a charter schoor shall not contract NMSA i978)' charter school (See Section 22-88'-4'R'' under contract to the New Mexico virtual Kr2,tnc. (Kl2) is a for-profit management company Schools' its charter by the Farminglon Municipal Academy tNlvlvA), a charte. s"hooigranted Under is provided with this correspondence' The written agreement between Kl 2 andNMVA Kr2 is paid an administrative service fbe' Further, thc terms of the Agreement with NI\^/A, Educational Products and Pupil Kl2,s responsibilities cover a wide spectrurn" including
1) The charter School

incruding personnel, 22Recruiting; Administrative Services, this arrangement violate Section of technorogy services. Does array an and records; student of the Charter School Act?

finances, and the rnaintenance

of

884.R. NMSA lgTig

2) rs the Agreement between

Kl2

and

of the Procurement NMVA subject to the requirements

Code(Code;Sectionsl3-l-28thnough13-1-199'NMSA1978)? Act' As sucb" it is subject to the charter school school charter a is NlvfvA As stated above, and rnaintenance ,icontracting for services' for "the use of a facility, it, operation for responsible is required to perform in order or activity that the charter school and the provision of any service Sections 22-88-4'c' described in its charter contract'" [See prograrn educational the out to carry (l) and 224F.4-D' NMSA 1978J'
by charter schools" of the code provides that "procurement lg7g NMSA L. 13-l-99. section State Purchasing Agent of the of the procurement ttuough the excruded from the requirements code" ' ,,but not trrc requirements of the Procurement from Departrnent services NM Generar in a'ny marurr with the authoritieq did tk NMVA comply (Italics aclded)- rn right of these legal Kl2? when it awarded a contract to
Code
is

3)

services contracts durations of services and professional The code arso prescr;,bqs maJximum 1978)' The Agreernent between (see Section r3-l-r50, NMSA code the to pursuant entered into renewals for a period of 7 term of ten years (10), with NMVA and K12, lnc is for an initial 8) violate the Procurer*nt (paragraphs 5.1 and 5.2 on page years. Does the Term of Agreement requirements? Code contract term rnaximum

authorizing the obligation (Go) Bond in 2010 Generat a approved voters 4) New Mexico g30 New Mexico Public books and materiars for the purchase to of $2,000,000 spending to using the funds to question contained no reference schools. The legisration and the balot the Go Bond funds to skandera designated $1.7 miltionof Ms. schools. reward..A-rated,, as "A-rated"' and only group of schools, mostly clesignated provide financial rewards to a select Did the use of the funds of the public sshools inNcw Mexico' representing approxirnately l0% schools based to approximatery 10% of the state's reward financial providing of for the purpose purpose of the Go violate state law and/or tbe intent ad evaluations perforrnance upon solely Bond? about the reported above' I am writing to q'ery ln addition to the opinions requested skandera's the issues surrounding secretary-Designate investigation by your office into lists for e-mail to deverop teacher pED emproyees and authorization allowing "q.ripm.oi accounts that the It is my understanding fiom press Governor Martinez,s political consultant. conduct Act (Act' if a viohtion(s) ofthe Governmental determire to is investigation oftlre focus use of as you know, prohibits the 1g7g) has occ'rred. The Act, NMSA seq., et 10_1GI, Sections

public assets for political purposes state employee time and other 10, 2013, Larry Behnens' of the Act). In a retter dated March lg7g NMSA 10_16_3.1.C. and told MspED, wrote that an investigator from your office for officer public Infonr'rion be to close th investigation' The from the investigator would recomnrendation the that skandera on Mr' Behrens' assertion' I with this .o.."*po"odence- Based March 10, 2013 letter is attached has been made' and whether any finar determination investigation the on seeking an update
am earhest response to this correspondence' Trank you in advance fbr your

(see

e'g' sections 10-16-3'A'

(W,
Senator Linda

M'

Chair, Senate

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