Chapter 22 — Chapter 22

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-…

ANNOTATIONS Repeals. — Laws 1999 (1st S.S.), ch. 11, § 6 repealed 22-8-29.5 NMSA 1978, as enacted by Laws 1995, ch. 208, § 14, relating to calculation of a mileage supplement for each local school district, effective May 21, 1999. For provisions of former section, see the 1998 NM…

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…

ANNOTATIONS Recompilation. — Laws 2004, ch. 27, § 28 recompiled former 22-8-30.1 NMSA 1978, relating to creation of adult basic education fund, as 21-1-27.5 NMSA 1978, effective May 19, 2004.

ANNOTATIONS Recompilation. — Laws 2004, ch. 27, § 28 recompiled former 22-8-30.2 NMSA 1978, relating to distribution of adult basic education fund, as 21-1-27.6 NMSA 1978, effective May 19, 2004.

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…

History: Laws 2005, ch. 49, §1; 2006, ch. 56, § 1; repealed by Laws 2018, ch. 55, § 8.

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…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-1 NMSA 1978, as enacted by Laws 1993, ch. 227, § 1, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-2 NMSA 1978, as enacted by Laws 1993, ch. 227, § 2, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-3 NMSA 1978, as enacted by Laws 1993, ch. 227, § 3, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-4 NMSA 1978, as enacted by Laws 1993, ch. 227, § 4, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-5 NMSA 1978, as enacted by Laws 1993, ch. 227, § 5, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-6 NMSA 1978, as enacted by Laws 1993, ch. 227, § 6, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

ANNOTATIONS Repeals. — Laws 1999, ch. 281, § 25 repealed 22-8A-7 NMSA 1978, as enacted by Laws 1993, ch. 227, § 7, relating to charter schools, effective June 18, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions…

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…