Chapter 22, Chapter 22

A. The "New Mexico government education fund" is created in the state treasury. B. The New Mexico government education fund shall consist of appropriations by the legislature, gifts, grants and donations. C. The New Mexico government education fund shall be administered by the de…

A. The "new school development fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to…

A. The teacher cost index for each school district or charter school shall be calculated in accordance with instructions issued by the department. The teacher cost index for a school district in its first year of operations is 1.0. The teacher cost index for a school district or …

A. The department, in consultation with the state auditor, shall establish rules and procedures for a uniform system of accounting and budgeting of funds for all public schools and school districts of the state. The rules, including revisions or amendments, shall become effective…

A. The department shall promulgate rules governing the use of procurement, travel and gas cards by school districts and charter schools. At a minimum, the rules shall require local school boards and governing bodies to adopt policies for the use of procurement, travel or gas card…

reports; failure to submit. A. Prior to April 15 of each year, each local school board shall submit to the department an operating budget for the school district and any locally chartered charter school in the school district for the ensuing fiscal year. B. The date for the submi…

A. Each state-chartered charter school shall submit to the charter schools division of the department a school-based operating budget. The operating budget shall be submitted to the division for approval or amendment pursuant to the Public School Finance Act and the Charter Schoo…

All budgets submitted by a school district, locally chartered charter school or state- chartered charter school shall be in a manner specified by the department. History: 1953 Comp., § 77-6-7, enacted by Laws 1967, ch. 16, § 61; 1969, ch. 180, § 5; 1999, ch. 291, § 3; 2006, ch. 9…

A. The local school board of a school district with a total MEM of greater than thirty thousand shall develop a school-based budgeting plan for all schools in the district for presentation to the legislative education study committee by October 15, 1993. The plan shall describe t…

Without prior approval of the state superintendent [secretary], no local school board shall maintain or provide a budget allowance for a public school having an average daily membership of less than eight. History: 1953 Comp., § 77-6-8, enacted by Laws 1967, ch. 16, § 62; 1988, c…

A. An operating budget for a school district shall not be approved by the department if the educational plan does not provide for: (1) a school year and school day that includes instructional hours and professional work hours as provided in Section 22-2-8.1 NMSA 1978; and (2) a p…

Chapter 22, Article 8B NMSA 1978 may be cited as the "Charter Schools Act". History: Laws 1999, ch. 281, § 1; 2005, ch. 221, § 1; 2006, ch. 94, § 26.

A. A charter school shall hire its own employees. The provisions of the School Personnel Act [Chapter 22, Article 10A NMSA 1978] shall apply to such employees. The head administrator of the charter school shall employ, fix the salaries of, assign, terminate and discharge all empl…

A. The commission shall authorize the approval of start-up charter schools. B. No more than fifteen start-up schools may be established per year statewide. The number of charter school slots remaining in that year shall be transferred to succeeding years up to a maximum of sevent…

site visits; renewal of charter; grounds for nonrenewal or revocation. A. A charter school may be approved for an initial term of six years; provided that the first year shall be used exclusively for planning and not for completing the application. A charter may be renewed for su…

chartering authority duties; distribution of assets. A. Prior to any charter school closure decision, the chartering authority shall develop a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schoo…

school on tribal land; consultation with tribal leaders and members and families of students. A. If a charter school applicant wants to open a charter school on tribal land, it shall negotiate with and receive the tribal government's approval for the public school before the char…

A. The amount of funding allocated to a charter school shall be not less than ninety- eight percent of the school-generated program cost. The school district or division may withhold and use two percent of the school-generated program cost for its administrative support of a char…

A. The "charter schools stimulus fund" is created in the state treasury. Money in the fund is appropriated to the department of education [public education department] to provide financial support to charter schools, whether start-up or conversion, for initial start-up costs and …

The commission shall receive applications for initial chartering and renewals of charters for charter schools that want to be chartered by the state and approve or disapprove those charter applications. The commission may approve, deny, suspend or revoke the charter of a state-ch…

The "charter schools division" is created in the department. The division shall: A. provide staff support to the commission; B. provide technical support to all charter schools; C. review and approve state-chartered charter school budget matters; and D. make recommendations to th…

By December 1 annually, the division shall issue to the governor, the legislative finance committee and the legislative education study committee a report on the state's charter schools for the school year ending in the preceding calendar year, drawing from the annual reports sub…

A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, physical or mental handicap, serious medical condition, race, creed, color, sex, gender identity, sexual orientation, spousal af…

As used in the Charter Schools Act: A. "charter school" means a conversion school or start-up school authorized by the chartering authority to operate as a public school; B. "chartering authority" means either a local school board or the commission; C. "commission" means the publ…

The Charter Schools Act is enacted to enable individual schools to structure their educational curriculum to encourage the use of different and innovative teaching methods that are based on reliable research and effective practices or have been replicated successfully in schools …

A. A charter school shall be governed by a governing body in the manner set forth in the charter contract; provided that a governing body shall have at least five members; and provided further that no member of a governing body for a charter school that is initially approved on o…

A. Start-up schools and conversion schools are subject to the following enrollment procedures: (1) a start-up school may either enroll students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of space…

A. The facilities of a charter school that is approved on or after July 1, 2005 and before July 1, 2015 shall meet educational occupancy standards required by applicable New Mexico construction codes. B. The facilities of a charter school whose charter has been renewed at least o…

A. The local school board may waive only locally imposed school district requirements for locally chartered charter schools. B. A state-chartered charter school is exempt from school district requirements. A state-chartered charter school is responsible for developing its own wri…

A. The department shall develop a mandatory training course for all governing body members that explains department rules, policies and procedures, statutory powers and duties of governing boards, legal concepts pertaining to public schools, finance and budget and other matters d…

A. A person shall not serve as a member of a governing body of a charter school if the person or an immediate family member of the person is an owner, agent of, contractor with or otherwise has a financial interest in a for-profit or nonprofit entity with which the charter school…

A chartering authority shall: A. evaluate charter applications; B. actively pursue the utilization of charter schools to satisfy identified education needs and promote a diversity of educational choices; C. approve charter applications that meet the requirements of the Charter Sc…

on charter school property. Only the governing body has the authority to authorize school security personnel to carry a firearm on any charter school premises or other charter school property. The decision shall be made in an open meeting and shall be formalized as a policy of th…

Except as otherwise provided in this section, live audio and video webcasts of governing body meetings shall be accessible through the charter school's website and shall include a user interface that allows members of the public to submit written or verbal comments. A webcast sha…

authorization; state board of finance designation required; public hearings; subcommittees. A. A local school board has the authority to approve the establishment of a locally chartered charter school within that local school board's district. B. No later than the second Tuesday …

procedures. A. The secretary, upon receipt of a notice of appeal or upon the secretary's own motion, shall review decisions of a chartering authority concerning charter schools in accordance with the provisions of this section. B. A charter applicant or governing body that wishes…

The charter school application shall include: A. the mission statement of the charter school; B. the goals, objectives and student performance outcomes to be achieved by the charter school; C. a description of the charter school's educational program, student performance standard…

A. The chartering authority shall enter into a contract with the governing body of the applicant charter school within thirty days of approval of the charter application. The charter contract shall be the final authorization for the charter school and shall be part of the charter…

A. The performance provisions in the charter contract shall be based on a framework that clearly sets forth the academic and operations performance indicators and performance targets that will guide the chartering authority's evaluation of each charter school. The performance fra…

extracurricular activities. A. The New Mexico activities association and the local school board in the school district in which a charter school is located shall allow charter school students in grades seven through twelve to participate in school district extracurricular activit…

Sections 1 through 8 [22-8E-1 to 22-8E-8 NMSA 1978] of this act may be cited as the "Charter School District Act of 2005". History: Laws 2005, ch. 292, § 1.

As used in the Charter School District Act of 2005, "charter school district" means an existing school district that operates under a charter approved by the department, that is nonreligious, that does not charge tuition and that does not have admission requirements in addition t…

A. Before a school district applies for a charter from the department, the local school board shall adopt a resolution approving the application plan and hold at least two public hearings on the matter. The school district shall advertise the charter school district application p…

A. The local school board of a school district that meets the requirements for a charter school district shall enter into a contract with the department establishing its charter to operate as a charter school district for five years. B. The contract shall reflect all agreements r…

Public School Code. A. The charter school district shall promulgate policies to ensure that the individual needs of students and schools in the district are met. B. The charter school district is exempt from provisions of the Public School Code [Chapter 22 NMSA 1978] and rules ad…

A. A charter for a charter school district may be renewed for successive periods of five years each. B. Before it submits an application for renewal to the department, the local school board shall hold a public hearing to adopt a resolution approving the application for renewal. …

revocation of charter. A. The department shall provide ongoing evaluation of the charter school district's compliance with accreditation and state laws pertaining to state educational standards, assessment and accountability and financial requirements. Department staff shall visi…

the governor. Each December, the department and each charter school district shall report to the legislative education study committee and the governor regarding the progress that each charter school district has made toward achieving the goals of its charter. History: Laws 2005,…

This act [22-8F-1 to 22-8F-6 NMSA 1978] may be cited as the "Family Income Index Act". History: Laws 2021, ch. 18, § 1.

As used in the Family Income Index Act: A. "above average income" means a household income of two hundred twenty-five percent or a higher percentage of the federal poverty level; B. "extremely low income" means a household income of up to seventy-five percent of the federal pover…