New Mexico Administrative Code

The department promulgates this rule acted upon by the public education commission for its procedures, forms, and protocols in relation to state-chartered charter schools.

A. "Act" means the Charter Schools Act Sections 22-8B-1 through 22-8B-17.1 NMSA 1978, as may be amended. B. "Annual report notice" means any of the following notices, or combination thereof, issued by the commission that may result from a review of the annual report:(1) Notice of…

A. In support of high-stakes decisions made by the commission, the commission shall create procedures related to its ministerial responsibilities of oversight and monitoring state charter schools that will be used by the commission and division consistent with their authority und…

A. The procedures of the commissionare effective until amended or repealed; will only be revised as determined by the commission to be necessary, in a manner consistent with national best practices and conforming to legislative changes; will follow the schedule set forth here and…

Public Education Department

A. Budget adjustment requests shall be submitted on the most current form prescribed by the department. The school district shall maintain a log of all budget adjustment requests to account for status, numerical sequence, and timely approval at each level. The log is to be retain…

A. Every school district shall establish and maintain an internal control structure to provide management with reasonable assurance that assets are safe-guarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's autho…

School districts shall develop, establish and maintain an effective organizational structure that includes the following: A. Devise a system for the measurement of and accountability for employee performance. B. Establish a policy in which the delegation of responsibility for emp…

A. General ledger: All school districts shall establish and maintain a general ledger in accordance with GAAP. The general ledger will be comprised of individual funds and account groups using the department's uniform chart of accounts and shall be reconciled every fiscal year wi…

A. School districts shall establish and maintain a cash management program to safeguard cash and provide prompt and accurate reporting that adheres to cash management requirements of the office of management and budget (OMB) Circular A-102, and applicable state and federal laws a…

A. The school district shall account for public money placed in interest-bearing deposits in accordance with Sections 22-8-40(C) through (G), NMSA 1978; Section 6-10-17, NMSA 1978; Section 6-10-31, NMSA 1978, and other federal and state laws applicable to the investment of public…

This section pertains to districts that maintain a warehouse. At fiscal year end, each school district shall take a physical inventory of remaining goods and materials of an expendable nature (items that are consumed in the normal course of operating the district). School distric…

A. Each school district shall establish and implement written policies and procedures for purchasing which shall be in compliance with the Procurement Code, Section 13-1-21 et seq., NMSA 1978. Purchasing policies and procedures for grant funding shall comply with requirements est…

The local board shall establish written payroll policies and procedures which comply with state and federal regulations on payroll as well as maintaining strict internal controls, close supervision and financial accounting in accordance with GAAP. School districts shall maintain …

Each school district shall establish and implement written policies and procedures for travel and training. Travel policies and procedures shall be in compliance with the Per Diem and Mileage Act, Sections 10-8-1 through 10-8-8, NMSA 1978, and department of finance and administra…

This regulation applies to public school districts, charter schools, and regional education cooperatives in the state of New Mexico.

A. Each school district shall maintain adequate insurance coverage addressed in the Tort Claims Act, Section 41-4-1 et seq., NMSA 1978; the Workers' Compensation Act, Section 52-1-1 et seq., NMSA 1978; Insurance of Public Buildings, Section 13-5-1 et seq., NMSA 1978; Officers and…

A. A debt service fund shall be created to account for resources that will be used to service general long-term debt that is recorded in the general long-term debt account group. General long-term debt includes noncurrent bonds, as well as other noncurrent liabilities that might …

A. Cost is the generally accepted basis of accounting for governmental fixed assets. Donated assets are to be recorded at their estimated fair market value at the time of the donation. B. Fixed assets related to specific proprietary or trust funds shall be accounted for in those …

A. Food services: Food service funds are to be accounted for in the special revenue fund or the enterprise fund. All monies collected from the sale of food for the food service operation are to be accounted for in accordance with GAAP, U.S. department of agriculture (USDA) requir…

A. Instructional materials: School districts shall be allowed credit for textbooks and supplementary instructional materials adopted by the department pursuant to the Instructional Materials Act, Section 22-15-9, NMSA 1978. Districts shall report in accordance with the Instructio…

Beginning January 26, 2021 and thereafter, the department shall calculate funding of program units under the save harmless provision for a school district or charter school with fewer than 200 students. Save harmless calculations shall include: A. the number of program units to w…

This rule is adopted pursuant to Sections 9-24-8, 22-2-1, 22-2-2, and 22-8-5, NMSA 1978.

Permanent

November 1, 1997, unless a later date is cited at the end of a section.

To establish standards in budgets and uniform financial accounting for all New Mexico public schools and school districts. All budgets and financial accounting of public schools and school districts of the state of New Mexico are to be maintained in accordance with the Public Sch…

A. "Budget" - A written plan of financial operation for one fiscal year to include an estimate of revenues and proposed expenditures. B. "Department" means the public education department. C. "Operating budget" - The budget submitted and approved by the local board by June 20 and…

A. All school districts shall account for financial transactions and develop and maintain their budgets in accordance with the Public School Code, GAAP and department procedures for public school accounting and budgeting, which are referenced where applicable. B. The deadlines id…

A. Every school district shall follow budget requirements stated in Sections 22-8-5 through 22-8-12.2, NMSA 1978, and procedures of the department in preparing, submitting, maintaining and reporting budgetary information. Budgetary control shall be at the function level. Over-exp…

Public Education Department

This rule applies to local school boards and governing bodies of charter schools.

This rule is adopted pursuant to Sections 22-2-1, 22-2-2, 22-8-11, 22-8-13, and 22-8-42 NMSA 1978.

Permanent

January 15, 1999, unless a later date is cited at the end of a section.

This rule establishes procedures to be followed if a local school board or governing body of a charter school intends to use public funds to pay a settlement to an administrator whose contract has been terminated prior to the end of the term of the contract.

A. "Administrator" means an individual licensed in education administration and employed in an administrative capacity, including but not limited to superintendents, assistant superintendents, principals, and assistant principals. B. "Department" means the public education depart…

A. The following procedures will be adhered to if a local board or charter school intends to use public funds to make payment pursuant to a settlement agreement entered into with an administrator as a result of a contract termination. (1) As soon as it becomes apparent that a loc…

A. A settlement with and subsequent payment to an administrator made prior to obtaining written approval of the secretary shall be considered an unauthorized payment. B. An unauthorized payment may be considered mismanagement and may constitute grounds for suspension of the local…

Public Education Department

This rule applies to local school boards, local school districts and certified school instructors.

This rule is adopted pursuant to Sections 22-2-1 and 22-2-2, NMSA 1978.

Permanent

February 15, 1999, unless a later date is cited at the end of a section.

The purpose of this rule is to provide local school boards and local school districts with a definition of full-time and part-time school instructors.

A. "Full-time school instructors" are certified school instructors who occupy positions the duties of which require them to be on the job on school days, throughout the school year, at least the number of hours the schools in the system are in session. B. "Part-time school instru…

Public Education Department

A. The loan shall be made for a period of time not to exceed five years with an annual interest rate to be the lesser of five (5) percent or a rate of interest determined by the public education department comply with federal arbitrage requirements. B. The loan shall be repaid in…

If any part or application of this rule is held invalid, the remainder or its application to other situations or persons shall not be affected.

This rule applies to local school boards and local school districts.

This rule is promulgated pursuant to Section 22-18A-4, NMSA 1978.