Chapter 22 — Chapter 22

A. The department, in collaboration with the higher education department, shall submit an annual preschool through post-secondary statewide Hispanic education status report no later than November 15 to the governor and the legislature through the legislative education study commi…

Sections 1 through 7 [22-23C-1 to 22-23C-7 NMSA 1978] of this act may be cited as the "Black Education Act". History: Laws 2021, ch. 51, § 1.

As used in the Black Education Act: A. "council" means the Black education advisory council; and B. "liaison" means the Black education liaison. History: Laws 2021, ch. 51, § 2.

A. The "Black education advisory council" is created as an advisory council to the secretary. The secretary shall appoint no more than twenty-three members to the council who are knowledgeable about and interested in the education of Black students, including: (1) three current t…

The council shall advise the secretary, school districts and charter schools on matters related to improving public school education for Black students, increasing parent involvement and community engagement in the education of Black students and increasing the number of Black hi…

A. The "Black education liaison" is created in the department. B. The liaison shall: (1) focus on issues related to Black education and advise the secretary and the council on the development and implementation of public policy regarding the education of Black students; (2) advis…

secretary and others. A. As part of their duties pursuant to the Black Education Act, the liaison and the council shall study and prepare white papers on current research on methods and practices that will improve educational outcomes and school experiences for Black students by:…

A. The department, in collaboration with the higher education department, shall submit an annual preschool through post-secondary statewide Black education status report no later than November 15 to the governor and the legislature through the legislative education study committe…

Chapter 22, Article 24 NMSA 1978 may be cited as the "Public School Capital Outlay Act". History: 1953 Comp., § 77-24-9, enacted by Laws 1975, ch. 235, § 1; 1978, ch. 152, § 1; 2000 (2nd S.S.), ch. 19, § 1.

assessment. A. Prior to the occupancy of a public facility by a charter school, the charter school shall notify the council of the intended use, together with such other information as required by rule of the council. B. Within sixty days of the notification to the council, the p…

History: Laws 2006, ch. 95, § 3; recompiled as § 22-8-48 by Laws 2007, ch. 366, § 25.

A. The council shall develop guidelines for a pre-kindergarten classroom facilities initiative in accordance with this section, including establishing and adopting pre- kindergarten classroom standards. B. The authority shall rank all applications it receives for the pre-kinderga…

The purpose of the Public School Capital Outlay Act is to ensure that, through a standards-based process for all school districts, the physical condition and capacity, educational suitability and technology infrastructure of all public school facilities in New Mexico meet an adeq…

As used in the Public School Capital Outlay Act: A. "authority" means the public school facilities authority; B. "building system" means a set of interacting parts that makes up a single, nonportable or fixed component of a facility and that, together with other building systems,…

A. The "public school capital outlay fund" is created. Balances remaining in the fund at the end of each fiscal year shall not revert. B. Except as provided in Subsections G and I through N of this section, money in the fund may be used only for capital expenditures deemed necess…

A. No later than September 1, 2001, the council shall define and develop guidelines, consistent with the codes adopted by the construction industries commission pursuant to the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978 NMSA 1978], for school district…

ANNOTATIONS Repeals. — Laws 2003, ch. 147, § 14 repealed 22-24-4.2 NMSA 1978, as enacted by Laws 2001, ch. 338, § 7, regarding the deficiencies correction unit, effective July 1, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com. For provisions of …

A. The council shall develop guidelines for a roof repair and replacement initiative pursuant to the provisions of this section. B. A school district, desiring a grant award pursuant to this section, shall submit an application to the council. The application shall include an ass…

History: Laws 2005, ch. 274, § 7; 2007, ch. 366, § 5; repealed by Laws 2022, ch. 22, § 4.

History: Laws 2014, ch. 28, § 4; 2019, ch. 180, § 2; 2021, ch. 49, § 2; 2023, ch. 98, § 2; repealed by Laws 2025, ch. 82, § 11.

A. The council shall develop guidelines for a building system repair, renovation or replacement initiative pursuant to the provisions of this section. B. A school district desiring a grant award pursuant to this section shall submit an application to the council. The application …

A. The council shall develop guidelines for a school security system project grant initiative in accordance with this section. B. A school district seeking a grant for a school security system project shall apply to the council on a form that includes an assessment of a school's …

assistance. A. Applications for grant assistance, approval of applications, prioritization of projects and grant awards shall be conducted pursuant to the provisions of this section. B. Except as provided in Sections 22-24-4.3, 22-24-5.4 and 22-24-5.6 NMSA 1978, the following pro…

In providing grant assistance pursuant to Section 22-24-5 NMSA 1978, the council shall: A. assist school districts in identifying critical capital outlay needs and in preparing grant applications; B. take such actions as are necessary to assist school districts in implementing th…

History: Laws 2001, ch. 328, § 3; repealed by Laws 2004, ch. 125, § 20.

A. The council shall adopt guidelines that will assist school districts in the development and implementation of preventive maintenance plans. In developing the guidelines, the council shall ensure that they are not overly complex, that they are user- friendly and that they take …

constitutional compliance; imposition of property tax. A. The council may bring an action against a school district pursuant to the provisions of this section if, based upon information submitted to the council by the authority, the council determines that: (1) the physical condi…

information management system. Each school district shall: A. develop and implement a preventive maintenance plan following guidelines adopted by the public school capital outlay council pursuant to Section 22-24-5.3 NMSA 1978; and B. participate in the facility information manag…

institutions. A. In consultation with the higher education department and the applicable board of regents, and after reviewing the existing five-year facilities plan and the facilities condition assessment, the public school facilities authority shall verify the assessed outstand…

projects. A. For a qualified high priority project, if money has been specifically appropriated for the purposes of this section, and if the school district so requests, the money may be used to pay both the state share, as calculated by Subsection B of Section 22-24-5 NMSA 1978 …

Until July 1, 2018, the council may apply the adequacy standards to the constitutional special schools on a building-by-building basis rather than the entire campus. After that time, the adequacy standards rankings shall be based on the facilities condition of the entire campus. …

A. There is created the "public school capital outlay council", consisting of the: (1) secretary of finance and administration or his designee; (2) state superintendent [secretary] or his designee; (3) the governor or his designee; (4) president of the New Mexico school boards as…

All of the provisions of the Public School Capital Outlay Act apply to an application by a state-chartered charter school for grant assistance for a capital project except the portion of the cost of the project to be paid from the fund shall be calculated pursuant to Subsection B…

History: Laws 2007, ch. 214, § 2; repealed by Laws 2007, ch. 214, § 4.

staff. A. The "public school capital outlay oversight task force" is created. The task force consists of twenty-five members as follows: (1) the secretary of finance and administration or the secretary's designee; (2) the secretary of public education or the secretary's designee;…

The public school capital outlay oversight task force shall: A. monitor the overall progress of bringing all public schools up to the statewide adequacy standards developed pursuant to the Public School Capital Outlay Act; B. monitor the progress and effectiveness of programs adm…

duties. A. The "public school facilities authority" is created under the council. The authority shall be headed by a director, selected by the council, who shall be versed in construction, architecture or project management. The director may hire no more than two deputies with th…

Chapter 22, Article 25 NMSA 1978 may be cited as the "Public School Capital Improvements Act". History: 1953 Comp., § 77-25-1, enacted by Laws 1975 (S.S.), ch. 5, § 1; 2007, ch. 366, § 12.

There is created a "public school capital improvements fund." Balances in the fund remaining at the end of a fiscal year shall not revert. History: 1953 Comp., § 77-25-10, enacted by Laws 1975 (S.S.), ch. 5, § 10; 1976 (S.S.), ch. 31, § 3.

A. No later than December 1 of each year, each locally chartered or state-chartered charter school that expects a state distribution or a distribution of property taxes pursuant to the Public School Capital Improvements Act during the next calendar year shall submit a report to t…

As used in the Public School Capital Improvements Act, "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act [Chapter 6, Article 15A NMSA 1978] or the Public School Lease…

capital improvements tax imposition. A. A local school board may adopt a resolution to submit to the qualified electors of the school district the question of whether a property tax should be imposed upon the net taxable value of property allocated to the school district under th…

The resolution authorized under Section 22-25-3 NMSA 1978 shall be adopted within the time frames required by the Election Code [Chapter 1 NMSA 1978] and pursuant to the requirements of the property tax division of the taxation and revenue department. History: 1953 Comp., § 77-25…

A. An election on the question of imposing a tax under the Public School Capital Improvements Act shall be conducted as prescribed in the Local Election Act [Chapter 1, Article 22 NMSA 1978]. B. The proclamation authorizing the ballot question or calling for a special election sh…

The canvass and certification of the results of an election held on the question of imposition of a public school capital improvements tax shall be as prescribed in the Local Election Act [Chapter 1, Article 22 NMSA 1978] and in addition to the reporting of results as required by…

A. If as a result of an election held in accordance with the Public School Capital Improvements Act a majority of the qualified electors voting on the question votes in favor of the imposition of the tax, the tax rate shall be certified, unless the local school board requests by …

A tax imposed in a school district as a result of an election under the Public School Capital Improvements Act shall be imposed for a specified number of property tax years not exceeding six years. The local school board may discontinue, by resolution, the Public School Capital I…

certain circumstances. A. Except as provided in Subsection E of this section, for each year that a capital improvements tax is imposed by a school district, the secretary shall distribute from the public school capital improvements fund to the school district an amount equal to t…

Chapter 22, Article 26 NMSA 1978 may be cited as the "Public School Buildings Act". History: Laws 1983, ch. 163, § 1; 2007, ch. 366, § 18.

A. No later than December 1 of each year, each locally chartered or state-chartered charter school that expects a distribution of property taxes pursuant to the Public School Buildings Act during the next calendar year shall submit a report to the department and its chartering au…