818 sections in this chapter.
NMSA 1978, § 22-5-12 Local school boards; vacant or vacated offices
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A. A local school board shall hold at least one regular meeting each month of the calendar year. B. The office of any member of a local school board, if the member misses four consecutive regular meetings, may be declared vacant by a majority vote of the remaining members of the …
NMSA 1978, § 22-5-13 Local school board mandatory training
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A. The department shall develop a mandatory training course for local school board members that explains department rules, policies and procedures, statutory powers and duties of local school boards, legal concepts pertaining to public schools, finance and budget and other matter…
NMSA 1978, § 22-5-14 Local superintendent; powers and duties
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A. The local superintendent is the chief executive officer of the school district. B. The local superintendent shall: (1) carry out the educational policies and rules of the state board [department] and local school board; (2) administer and supervise the school district; (3) emp…
NMSA 1978, § 22-5-15 Collaborative school improvement programs
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A. A local superintendent may approve an individual public school's plan to implement a collaborative school improvement program upon a finding that the plan is in the best interest of the public school and is supported by the participating teaching staff. B. The input and concer…
NMSA 1978, § 22-5-16 Advisory school councils; creation; duties
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A. Each public school shall create an advisory "school council" to assist the school principal with school-based decision-making and to involve parents in their children's education. B. A school council shall be created and its membership elected in accordance with local school b…
NMSA 1978, § 22-5-17 Private use of school facilities; policy; insurance
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The local school board of a school district that is not a participant under the Public School Insurance Authority Act [Chapter 22, Article 29 NMSA 1978]: A. shall, by rule, establish a policy to be followed relating to the use of volunteers. The policy shall be distributed to eac…
NMSA 1978, § 22-5-18 Local school board authority over who may carry a firearm
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on school premises. Only a local school board has the authority to authorize school security personnel to carry a firearm on any public school premises or other school district property. The decision shall be made in an open meeting and shall be formalized as a policy of the boar…
NMSA 1978, § 22-5-3 School board membership; optional form
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A. The local school board of any school district in this state may by resolution provide for the local board of that district to be composed of seven qualified electors of the state who reside within the district. The resolution shall provide that the board consist of seven separ…
NMSA 1978, § 22-5-3.1 Local school boards; reversion to five members
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A. Any seven-member local school board of a school district in the state may by resolution provide for the local school board of that school district to be composed of five qualified electors of the state who reside within the school district. B. If the resolution specified in Su…
NMSA 1978, § 22-5-4 Local school boards; powers; duties
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A local school board shall have the following powers or duties: A. subject to the rules of the department, develop educational policies for the school district; B. employ a local superintendent for the school district and fix the superintendent's salary; C. review and approve the…
NMSA 1978, § 22-5-4.10 High school diplomas; Korean conflict veterans
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A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a Korean conflict veteran who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school …
NMSA 1978, § 22-5-4.11 Psychotropic medication; prohibition on compulsion
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A. Each local school board or governing body shall develop and promulgate policies that prohibit school personnel from denying any student access to programs or services because the parent or guardian of the student has refused to place the student on psychotropic medication. B. …
NMSA 1978, § 22-5-4.12 Use of restraint and seclusion; techniques; requirements
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A. A school may permit the use of restraint or seclusion techniques on any student only if both of the following apply: (1) the student's behavior presents an imminent danger of serious physical harm to the student or others; and (2) less restrictive interventions appear insuffic…
NMSA 1978, § 22-5-4.13 Local school board; consideration of opening or closing
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a public school on tribal land; consultation with tribal leaders and members and families of students. A. Whenever a local school board is contemplating opening a public school on tribal land, in addition to negotiations involving land or buildings, the local school board and the…
NMSA 1978, § 22-5-4.14 High school diplomas; Vietnam conflict veterans
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A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a Vietnam conflict veteran who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school…
NMSA 1978, § 22-5-4.15 Contract extension or termination of local
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superintendent; limitation. A local school board shall not, during any time between the date of a regular local election in which school board positions are on the ballot and sixty days after the convening of the newly elected board or until sixty days after a majority of a local…
NMSA 1978, § 22-5-4.16 Local school board meetings; webcasting and archiving
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Except as otherwise provided in this section, live audio and video webcasts of local school board meetings shall be accessible through the school district's website and shall include a user interface that allows members of the public to submit written or verbal comments. A webcas…
NMSA 1978, § 22-5-4.2 Child abuse; report coordination; confirmation
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A. A local school board shall adopt policies providing for the coordination and internal tracking of reports made pursuant to Section 32A-4-3 NMSA 1978. Such policies, however, shall not require any notification to school district personnel before the report is made to the office…
NMSA 1978, § 22-5-4.3 School discipline policies; racial sensitivity and anti
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racism training; hotline for reporting racially charged incidents and racialized aggression involving students or school personnel; students may self-administer certain medications. A. Local school boards shall establish student discipline policies and shall file them with the de…
NMSA 1978, § 22-5-4.4 School employees; reporting drug and alcohol use;
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release from liability. A. A school employee who knows or in good faith suspects any student of using or abusing alcohol or drugs shall report such use or abuse pursuant to procedures established by the local school board. B. No school employee who in good faith reports any known…
NMSA 1978, § 22-5-4.5 Pledge of allegiance
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Local school boards shall provide that the pledge of allegiance shall be recited daily in each public school in the school district according to regulations adopted by the state board [department]. History: 1978 Comp., § 22-5-4.5, enacted by Laws 1986, ch. 33, § 11.
NMSA 1978, § 22-5-4.7 Additional student discipline policies; weapon-free
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schools. A. In addition to other student discipline policies, each school district shall adopt a policy providing for the expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school under the juris…
NMSA 1978, § 22-5-4.8 Area vocational high schools
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A. A local school board, alone or in cooperation with other local school boards, may develop a plan for the establishment of an area vocational high school. The plan shall be submitted to the department for its approval. B. The department may approve a plan for an area vocational…
NMSA 1978, § 22-5-4.9 High school diplomas; World War II veterans
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A. Notwithstanding any other provision of the Public School Code, a local school board may issue a high school diploma to a World War II veteran who: (1) is an honorably discharged member of the armed forces of the United States; (2) was scheduled to graduate from high school aft…
NMSA 1978, § 22-5-5 Compensation; prohibited employment
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A. The members of a local school board shall serve without compensation. B. No member of a local school board shall be employed in any capacity by a school district governed by that local school board during the term of office for which the member was elected or appointed. Histor…
NMSA 1978, § 22-5-6 Nepotism prohibited
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A. A local superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in- law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister- in-law of a …
NMSA 1978, § 22-5-7 Officers; surety bonds
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A. From among its members, a local school board shall elect a president, a vice- president and a secretary. B. Before assuming the duties of office, the president and secretary of a local school board and the superintendent of schools of a school district shall each obtain an off…
NMSA 1978, § 22-5-8 Term of office
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A. The full term of office of a member of a local school board shall be four years succeeding the member's election to office at a regular local election held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. B. Any member of a local school board whose term of…
NMSA 1978, § 22-5-9 Local school board vacancies
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A. A vacancy occurring in the membership of a local school board shall be filled at an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified elector to fill the vacancy. B. A qualified elector appointed to…
NMSA 1978, § 22-5-9.1 Oath of office
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All elected or appointed members of local school boards shall take the oath of office prescribed by Article 20, Section 1 of the constitution of New Mexico. History: Laws 1979, ch. 335, § 7.
NMSA 1978, § 22-5A-1 Short title
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This act [22-5A-1 to 22-5A-5 NMSA 1978] may be cited as the "School Alcohol-Free Zone Act". History: Laws 2005, ch. 249, § 1.
NMSA 1978, § 22-5A-2 Definitions
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As used in the School Alcohol-Free Zone Act: A. "alcoholic beverage" means a beverage with no less than one-half percent alcohol and includes wine, beer, fermented, distilled, rectified and fortified beverages; and B. "school grounds" means public elementary and secondary schools…
NMSA 1978, § 22-5A-3 Alcoholic beverages prohibited on public school grounds
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It is unlawful to possess or consume alcoholic beverages on public school grounds. History: Laws 2005, ch. 249, § 3.
NMSA 1978, § 22-5A-4 Notices required
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A school shall conspicuously post notices on school grounds stating that possession and consumption of alcoholic beverages is prohibited on school grounds. History: Laws 2005, ch. 249, § 4.
NMSA 1978, § 22-5A-5 Penalties
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A. A person convicted of consumption or possession of an alcoholic beverage on school property for the first offense is guilty of a petty misdemeanor and subject to a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) and may be ordered to …
NMSA 1978, § 22-8-1 Short title
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Chapter 22, Article 8 NMSA 1978 may be cited as the "Public School Finance Act". History: 1953 Comp., § 77-6-1, enacted by Laws 1967, ch. 16, § 55; 2003, ch. 153, § 28.
NMSA 1978, § 22-8-10 Budgets; fixing the operating budget
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A. Prior to June 20 of each year, each local school board and each governing board of a charter school shall, at a public hearing of which notice has been published by the local school board or governing board of a charter school, fix the operating budget for the school district …
NMSA 1978, § 22-8-11 Budgets; approval of operating budget
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A. The department shall: (1) on or before July 1 of each year, approve and certify to each local school board and governing body of a charter school an operating budget for use by the school district or charter school; (2) ensure that each program in a school district or charter …
NMSA 1978, § 22-8-12 Operating budgets; amendments
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Operating budgets shall not be altered or amended after approval and certification by the department, except for the following purposes and according to the following procedure: A. upon written request of a local school board or governing body of a state- chartered charter school…
NMSA 1978, § 22-8-12.1 Membership projections and budget requests
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A. On or before October 15 of each year, each local school board or governing body of a state-chartered charter school shall submit to the department: (1) an estimate for the succeeding fiscal year of: (a) the membership of qualified students to be enrolled in the basic program; …
NMSA 1978, § 22-8-12.3 Local school board finance subcommittee; audit
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committee; membership; duties. A. As used in this section, "local school board" includes the governing authority of a charter school. B. Each local school board shall appoint at least two members of the board as a finance subcommittee to assist the board in carrying out its budge…
NMSA 1978, § 22-8-13 Reports
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A. Each public school shall keep accurate records concerning membership in the public school. B. The dates for which MEM is reported are as follows: (1) the first reporting date is the second Wednesday in October of each year; (2) the second reporting date is December 1 or the fi…
NMSA 1978, § 22-8-13.1 School district and charter school audits; sanctions for
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not submitting timely audit reports. A. Each school district and charter school shall have an annual audit as required by the Audit Act [12-6-1 to 12-6-14 NMSA 1978] and rules of the state auditor that shall be completed and submitted to the state auditor by the date specified in…
NMSA 1978, § 22-8-13.2 Financial reporting
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A. Each local superintendent or person in charge of the fiscal management of a charter school shall provide quarterly reports on the financial position of the school district or charter school, as applicable, to the local school board of the school district or the governing body …
NMSA 1978, § 22-8-13.3 Reporting system; reporting requirements
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A. No later than December 31, 2021, the department, with input from stakeholders, including school districts, charter school leaders, business managers and staff from the legislative finance committee and legislative education study committee, shall establish, implement and maint…
NMSA 1978, § 22-8-14 Public school fund
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A. The "public school fund" is created. B. The public school fund shall be distributed to school districts and state-chartered charter schools in the following parts: (1) state equalization guarantee distribution; (2) transportation distribution; and (3) supplemental distribution…
NMSA 1978, § 22-8-15 Allocation limitation
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A. The department shall determine the allocations to each school district and charter school from each of the distributions of the public school fund, subject to the limits established by law. B. The local school board in each school district with locally chartered charter school…
NMSA 1978, § 22-8-16 Payment to school districts
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The department shall make payments of each distribution of the public school fund by warrant of the department of finance and administration drawn against the public school fund upon vouchers issued by the department. When payments are made to county treasurers for school distric…
NMSA 1978, § 22-8-17 Program cost determination; required information
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A. The program cost for each school district and charter school shall be determined by the department in accordance with the provisions of the Public School Finance Act. B. The department is authorized to require from each school district and charter school the information necess…
NMSA 1978, § 22-8-18 Program cost calculation; local responsibility
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A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) t…