The largest school district in New Mexico is asking the federal government to take action to make the state follow federal laws governing special education. In a letter, Albuquerque Public Schools to U.S. Secretary of Education Arne Duncan also suggests annual audits and stricter monitoring of New Mexico's special-education budget. The action revolves around guidelines that require the state to maintain the same level of special-education funding from year to year or increase funding. New Mexico failed to meet the funding requirement in 2010 and 2011 by decreasing the amount it spent on special education.
As a penalty, the federal government can decrease the amount of support it gives the state by the same amount that the state underspent.