New Mexico Administrative Code

Public School Capital Outlay Council

The authority shall: A. assist districts in developing scope of project, budget, timeline for completion and best procurement method based on final budget; B. work with the school district to determine:(1) the feasibility of using design, build and finance arrangements for the pu…

A. The authority shall: (1) oversee the procurement process; (2) require the use of standardized construction documents and the use of a standardized process for change orders; (3) review plans and specifications for compliance with the statewide adequacy standards and all applic…

A. Each local school board must secure the approval of the director or the director's designee prior to the construction or letting of contracts for construction of any school building or related school structure or before reopening an existing structure that was formerly used as…

Public school capital outlay council and public schools facilities authority

The Public School Capital Outlay Act, Sections 22-24-1 to 22-24-11 and 22-20-1 NMSA 1978.

Permanent

June 15, 2004, unless a later date is cited at the end of a section.

The objective of the rule is to establish the general provisions for rules filed in this chapter.

[Reserved]

A. The council shall select the director of the authority, who shall serve at the pleasure of the council. (1) The director may hire no more than two deputy directors with the approval of the council. The deputy directors shall serve at the pleasure of the director. (2) The direc…

A. The authority shall perform duties as provided by law and as directed by the council. B. As required by law and rule, or in addition to such duties as set forth in law and rule, the authority shall: (1) consult with the secretary of public education or the secretary's designee…

Public School Capital Outlay Council

A. The school district must determine whether to accept or reject any legislative appropriation made after January 1, 2003 for non-operating purposes either directly to the subject school district or to another governmental entity for the purpose of passing the money through dire…

A. Each school district, including those school districts not applying for grant assistance pursuant to the Public School Capital Outlay Act, shall develop and implement a preventive maintenance plan meeting the requirements of this section. B. A school district shall not be elig…

A. The application must verify that the school district has submitted a five-year facilities plan. The facilities plan must include: (1) enrollment projections, which are updated at the beginning of each fiscal year and reflect the final funded membership for the prior school yea…

A. The council shall consider all applications meeting the requirements of this rule and, after public hearing and consideration of recommendations by the authority and by any subcommittee that may be appointed by the chair for this purpose, approve those applications selected fo…

A. The amount of an award for grant assistance for a project shall be determined as follows: (1) Total project cost means the total amount necessary to complete the public school capital outlay project less: (a) any insurance reimbursement received by the school district for the …

A. The council may authorize expenditures from the public school capital outlay fund to purchase portable classroom buildings for loan to school districts to meet a temporary requirement. The council has authorized the authority to administer its portable classroom loan program i…

A. Applications for assistance to school districts for the purpose of making lease payments for classroom facilities shall be made to the authority by the school district. Classroom facilities include the space needed, as determined by the minimum required under statewide adequac…

A. All facility master plans are required to meet the requirements and guidelines of the authority's school district facilities master plan components and guidelines. B. Council assistance will be granted only to create a new facility master plan and upon expiration of a current …

A. The facilities of a charter school approved on or after July 1, 2005 and before July 1, 2010 shall meet educational occupancy standards required by applicable New Mexico construction codes. Existing facilities of a charter school approved prior to July 1, 2005 shall be evaluat…

Public school capital outlay council, public school facilities authority, and public school districts

The Public School Capital Outlay Act, Sections 22-24-1 to 22-24-11 NMSA 1978.

Permanent

June 15, 2004, unless a later date is cited at the end of a section.

The objective of the rule is to establish application and grant assistance procedures pursuant to the Public School Capital Outlay Act.

[Reserved]

A. The authority shall present a proposed calendar and proposed application to the council prior to the beginning of the allocation cycle for a given year. B. The council shall determine the estimated available funding for the allocation cycle for a given year. The authority, at …

The department shall notify the council and each school district of the state/local match for each school district for every allocation cycle in accordance with the calendar established by the council. A. The match shall be calculated annually in accordance with the requirements …

Public School Capital Outlay Council.

A school site shall be of sufficient size to accommodate safe access, parking, drainage and security. Additionally, the site shall be provided with an adequate source of potable water and appropriate means of effluent disposal. A. Safe access and circulation. A school site shall …

A school facility shall have area, space and fixtures, in accordance with the standard equipment necessary to meet the educational requirements of the public education department, for physical education activity. Play area(s), play field(s) and equipment for physical education an…

All occupiable space within the building(s) shall meet or exceed the general requirements listed below: A. Fixtures and equipment. (1) Each general and specialty classroom shall contain a work surface and seat for each student in the classroom. The work surface and seat shall be …

School security features shall be integrated at all layers of the school. A. Site security. (1) All functional areas of a school site shall have safe and secure site fencing or other barriers with accommodations for safe passage through openings to protect students from the hazar…

A. Cumulative classroom net sf requirements, excluding in-classroom storage space, shall be at least: (1) Pre-Kindergarten - Kindergarten 1000 net sf minimum (2) Grades 1 - 5 800 net sf minimum (3) Grades 6 - 8 800 net sf minimum (4) Grades 9 - 12 800 net sf minimum B. In additio…

A. Special education:(1) Special education classrooms shall not be smaller than 800 net sf. (2) Special education classrooms serving students requiring a high degree of personal care and assistance shall include an accessible unisex restroom, a kitchenette, and at least 15 net sf…

A. Science education:(1) For grades pre-kindergarten through 6, provide storage space for science equipment and materials. No additional classroom space is required. (2) For grades 7 through 12, 4 net sf/student of the planned school program capacity or current enrollment for sci…

A. General requirements. A school facility shall have an area, space and fixtures for indoor physical education activity. This space may have more than one function and may fulfill more than one standard requirement. (1) Early education. No requirement. (2) Elementary school. Pro…

A school facility shall have flexible space for students to access research materials, books, digital devices, and computers, with wired and wireless connectivity. The facility shall have fixtures, equipment, technology, and resources in accordance with the standard equipment nec…

A. Cafeterias. A school facility shall have adequate space and equipment necessary to provide regular meals to students during the school day. (1) Dining. A school facility shall have a covered area or space, or combination, to permit students to eat within the school site, outsi…

The purpose of this rule is to provide statewide adequacy standards for public school buildings and grounds. The application of these standards shall be limited to space and attributes needed to support educational programs and curricula, defined and justified as required by publ…

A. Administrative space. A school facility shall have administrative space, to include offices for school administrators, councilors, ancillary staff, and records. The space shall consist of a minimum of 150 net sf, plus 1.5 net sf/student of the planned school program capacity o…

For storage, at least 1.5 net sf/student of the planned school program capacity or current enrollment may be distributed in or throughout any type of room or space, but may not count toward required room square footages. General storage must be securable and include textbook stor…

Each school shall designate 1 net sf/student of the planned school program capacity or current enrollment for maintenance or janitorial space. Janitorial space shall include a janitorial sink.

Teacher housing units shall meet standards required by the United States department of housing and urban development.

A. The council may grant a variance from any of the adequacy standards. The council shall grant a variance if it determines that the intent of the standard can be met by the school in an alternate manner, or if a variance is required for appropriate programmatic needs as demonstr…

The Public School Capital Outlay Act, Section 22-24-5 NMSA 1978.

Permanent.

January 14, 2025, unless a later date is cited at the end of a section.