Chapter 22, Chapter 22

A. The number of early childhood education program units is determined by multiplying the early childhood education MEM by the cost differential factor 1.44. Early childhood education students enrolled in half-day kindergarten programs shall be counted for 0.5 early childhood MEM…

A. The children, youth and families department shall fund preschool programs for zero- to five-year-old children in selected school districts. The children, youth and families department shall distribute any appropriation for this purpose to local entities upon approval by that d…

As used in the Public School Finance Act: A. "ADM" or "MEM" means membership; B. "membership" means the total enrollment of qualified students on the current roll of a class or school on a specified day. The current roll is established by the addition of original entries and reen…

The number of basic program units is determined by multiplying the basic program MEM in each grade by the corresponding cost differential factor as follows: Grades Cost Differential Factor 1 1.2 2 and 3 1.18 4 and 5 1.045 6 through 12 1.30. History: 1978 Comp., § 22-8-20, enacted…

A. For the purpose of the Public School Finance Act, special education programs for exceptional children are those approved by the department and classified as follows: (1) class A programs, in which department certified individuals provide services to children whose individualiz…

The number of bilingual multicultural education program units is determined by multiplying the full-time-equivalent MEM in programs implemented in accordance with the provisions of the Bilingual Multicultural Education Act [Chapter 22, Article 23 NMSA 1978] by the cost differenti…

A. An approved public school with a MEM of fewer than four hundred, including early childhood education full-time-equivalent MEM but excluding membership in class C and class D programs and excluding full-time-equivalent membership in three- and four-year-old developmentally disa…

A. A school district or charter school with an increase in MEM equal to or greater than one percent, when compared with the immediately preceding year, is eligible for additional program units. The increase in MEM shall be calculated as follows: (Current Year MEM - Previous Year …

For the first year of programs operating pursuant to the K-5 Plus Act, the Bilingual Multicultural Education Act, the Fine Arts Education Act or for extended learning time programs, a school district or charter school shall generate the applicable program units. A school district…

A. The "public education reform fund" is created as a nonreverting fund in the state treasury and consists of appropriations; unspecified gifts, grants and donations to the fund; and income from investment of the fund. B. Subject to legislative appropriation, money in the fund is…

A. A public school operating on a five-day calendar that provides more than one hundred eighty days of instruction, and a public school operating on a four-day calendar that provides more than one hundred fifty-five days of instruction, shall be considered a "K-12 plus school". E…

A. A school district or charter school is eligible for additional program units if it establishes identified services to assist English learners to attain English language proficiency in a reasonable period of time. The number of additional units to which a school district or cha…

certification of school nurses; program units. The number of program units for licensed level two or level three school nurses who are registered nurses and who are certified by the national board for certification of school nurses is determined by multiplying by one and one-half…

A. A newly created school district is eligible for additional program units. The number of additional program units to which a newly created school district is entitled under this subsection is the number of units computed in the following manner: (MEM for current year) x .147 = …

A. A school district or charter school is eligible for additional program units if it establishes within its department-approved educational plan identified services to assist students to reach their full academic potential. A school district or charter school receiving additiona…

program units. The number of program units for licensed school employees certified by the national board for professional teaching standards is determined by multiplying by one and one- half the number of licensed school employees certified by the national board for professional …

The number of fine arts education program units is determined by multiplying the full-time-equivalent MEM in programs implemented in accordance with the provisions of the Fine Arts Education Act [Chapter 22, Article 15D NMSA 1978] by the cost differential factor of 0.055 for fisc…

The charter school student activities program unit for a school district is determined by multiplying the number of charter school students who are participating in school district activities governed by the New Mexico activities association by the cost differential factor of 0.1…

A. The number of elementary physical education program units is determined by multiplying the number of students in elementary physical education by the cost differential factor of six one-hundredths. B. As used in this section, "elementary physical education" means eligible phys…

The home school student activities program unit for a school district is determined by multiplying the number of home school students who are participating in school district activities governed by the New Mexico activities association by the cost differential factor of 0.1. The …

Notwithstanding the provision in Section 22-8-2 NMSA 1978 defining a qualified student as one who is regularly enrolled in one-half or more of the minimum course requirements approved by the department for public school students, home school students may take one or more classes …

definitions; factors; calculations. A. For the purpose of calculating the instructional staff training and experience index, the following definitions and limitations shall apply: (1) "instructional staff" means the personnel assigned to the instructional program of the school di…

amount. A. To determine the amount of the state equalization guarantee distribution, the department shall: (1) calculate the number of program units to which each school district or charter school is entitled using an average of the MEM on the second and third reporting dates of …

The legislature shall maintain each year in the public school fund an amount equal to the amount of revenue produced by all school districts pursuant to Paragraph (2) of Subsection B of Section 7-37-7 NMSA 1978 for which credit is required to be taken pursuant to Section 22-8-25 …

A. Money in the transportation distribution of the public school fund shall be used only for the purpose of making payments to each school district or state-chartered charter school for the to-and-from school transportation costs of students in grades kindergarten through twelve …

A. The department shall establish a systematic program for the purchase of necessary school bus transportation equipment. B. In establishing a system for the replacement of school-district-owned buses, the department shall provide for the replacement of school buses on a twelve-y…

A. On the second reporting date and the third reporting date of each year, each local school board of a school district and governing body of a state-chartered charter school shall report to the state transportation director, upon forms furnished by the state transportation direc…

A. As used in this section: (1) "annual variables" means the coefficients calculated by regressing the total operational expenditures from two years prior to the current school year for each school district and state-chartered charter school using the number of students transport…

A. The department shall establish a transportation distribution adjustment factor. The adjustment factor shall be calculated as follows: (1) calculate the unadjusted transportation allocation for each school district and state-chartered charter school, designated in Section 22-8-…

A. The "transportation emergency fund" is created in the state treasury. Money in the fund shall not revert to the general fund at the end of any fiscal year. Money in the fund is appropriated to the department for the purpose of funding transportation emergencies, including fuel…

The office of education in the department of finance and administration is abolished. On the effective date of this act, all powers and duties provided by law for the office of education are transferred to the state department of public education [public education department]. Hi…

A. The department shall make supplemental distributions only for the following purposes: (1) to pay the out-of-state tuition of students subject to the Compulsory School Attendance Law [Chapter 22, Article 12 NMSA 1978] who are attending school out-of-state because school facilit…

A. The "state-support reserve fund" is created. B. The state-support reserve fund shall be used only to augment the appropriations for the state equalization guarantee distribution in order to ensure, to the extent of the amount undistributed in the fund, that the maximum figures…

A. As they are received, the state treasurer shall deposit into the current school fund revenue received from the following sources: (1) all fines and forfeitures collected under general laws; (2) the net proceeds of property that may come to the state by escheat; and (3) all oth…

There shall be distributed to the credit of each school district in a county, according to the proportion that the forty-day average daily membership of the school district bears to the forty-day average daily membership of the entire county, all revenue received by the county fo…

A. Money received by the state pursuant to the provisions of the federal Mineral Leasing Act shall be distributed to the public school fund, except as follows: (1) an annual appropriation to the instructional material fund; (2) an annual appropriation to the board of regents of t…

A. For operating expenses, a local school board with the consent of the chief [secretary] may anticipate the collection of taxes for which tax levies have been made by issuing and selling certificates of indebtedness. These certificates shall be issued on the faith and credit of …

The chief [secretary] shall certify periodically to each county treasurer the allocations of funds to each school district in the county. The chief [secretary] shall certify to the county treasurer the names and purposes of the separate funds the county treasurer shall establish …

Except for money received for a cafeteria or for an activity fund, all money for public school purposes distributed to a school district, or collected by a county, school district or public school authorities for a school district, shall be delivered to and kept by a county treas…

A. Upon written application to and approval of the department, a local school board may be designated a board of finance for public school funds of the school district. A local school board designated as a board of finance may require all funds distributed to, allocated to or col…

The department may at any time suspend a local school board or governing body of a state-chartered charter school from acting as a board of finance if the department reasonably believes there is mismanagement, improper recording or improper reporting of public school funds under …

In addition to other duties provided by law, the department shall: A. prescribe the forms for and supervise and control the preparation of all budgets of all public schools and school districts; and B. compile accurate information concerning public school finance and administrati…

A. All public money in the custody of school districts or state-chartered charter schools that have been designated as boards of finance shall be deposited in qualified depositories in accordance with the terms of this section. B. Deposits of funds of the school district or state…

interest rate limitation for "NOW" accounts. Notwithstanding the provisions of Subsection E of Section 22-8-40 NMSA 1978, the requirement for a rate of interest of not less than one hundred percent of the asked price on United States treasury bills of the same maturity on the day…

cash balances. A. A school district shall not expend money from its operational fund for the acquisition of a building site or for the construction of a new structure, unless the school district has bonded itself to practical capacity or the secretary determines and certifies to …

A. Any person violating any provision of the Public School Finance Act is guilty of a petty misdemeanor. B. Any person diverting or expending any public school money contrary to the approved budget is, in addition to being subject to any other civil or criminal action, liable alo…

The "public school reading proficiency fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants and donations. The fund shall be administered by the department, and money in the fund is appropriated to the department to distribute awards to …

A. The "educator licensure fund" is created in the state treasury and shall be administered by the department. The fund shall consist of money collected from application fees for licensure or for renewal of licensure by the department. B. Subject to legislative appropriation, mon…

A. The "teacher professional development fund" is created in the state treasury to provide funding for professional development programs and projects for public school teachers. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. …

The "beginning teacher mentorship fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund is subject to appropriation by the legislature to provide funding to school districts and charter s…