Chapter 22 — Chapter 22

A. A local school board shall retain complete and accurate records of: (1) the net income from the housing project; (2) receipt and amount of federal payments pledged to the repayment of the bonds; and (3) the operating costs of the housing project. B. Pledgeable revenue that is …

A. Bonds shall be payable solely from any or all pledgeable revenue, and the local school board shall irrevocably pledge that revenue to the prompt payment of the principal, interest and service charges on the bonds. The bonds shall be equally and ratably secured, without priorit…

A. Proceeds from the sale of bonds shall be deposited into a separate account to be used solely for the specific purposes for which the bonds were issued, including a debt service reserve fund. All costs incident to issuing and selling the bonds may be paid out of the proceeds of…

All bonds issued pursuant to the Teacher Housing Revenue Bond Act shall: A. be fully negotiable within the provisions of the Uniform Commercial Code [Chapter 55 NMSA 1978]; B. have a duration of time not to exceed forty years from their date of issuance; C. have interest, appreci…

This act [22-19B-1 to 22-19B-9 NMSA 1978] may be cited as the "School District Bond Anticipation Notes Act". History: Laws 2002, ch. 54, § 1.

The purpose of the School District Bond Anticipation Notes Act is to provide a mechanism for school districts to obtain short-term financing for capital projects that are needed by the school district to meet the educational needs of students in the school district and to promote…

As used in the School District Bond Anticipation Notes Act: A. "bond anticipation note" means a security evidencing an obligation of the school district that precedes the issuance of general obligation bonds; and B. "general obligation bond" means indebtedness issued by a school …

A. A school district may issue bond anticipation notes for any purpose for which general obligation bonds are authorized to be issued. B. The principal amount of bond anticipation notes shall be payable solely from the proceeds of the general obligation bonds for which the bond a…

A. Bond anticipation notes shall be authorized by resolution of the local school board and may be issued in such denominations as determined by the local school board. B. Bond anticipation notes shall mature no later than one year from the date of issuance. The local school board…

Bond anticipation notes shall not be issued: A. unless the general obligation bonds for which bond anticipation notes are contemplated have been authorized at an election as required by Article 9, Section 11 of the constitution of New Mexico; B. in a principal amount in excess of…

After adoption of a resolution authorizing issuance of bond anticipation notes, the local school board shall publish notice of the adoption of the resolution once in a newspaper of general circulation in the school district. After thirty days from the date of publication, any act…

The School District Bond Anticipation Notes Act is an additional and alternative method for obtaining funding for capital projects by a school district and constitutes full authority for the exercise of powers granted to a local school board by that act. Powers conferred by the S…

The School District Bond Anticipation Notes Act shall be liberally construed to effect the purposes of the act. History: Laws 2002, ch. 54, § 9.

payment grant applications; approval of the public school facilities authority; compliance with statewide adequacy standards; state construction and fire standards applicable. A. Except as provided in Subsection F of this section, each local school board or governing body of a ch…

A. No local school board or governing body of a charter school shall construct or cause the construction of any public school building within four hundred feet of any main artery of travel without the prior written approval of the department. B. The district court may enforce the…

ANNOTATIONS Repeals. — Laws 2003, ch. 147, § 14 repealed 22-20-3 NMSA 1978, as enacted by Laws 1967, ch. 16, § 272, relating to state board approval for school construction, effective July 1, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.

The provisions of Chapter 22, Article 20 NMSA 1978 do not apply to public school capital outlay projects subject to the oversight of the public school capital outlay council pursuant to the Public School Capital Outlay Act [Chapter 22, Article 24 NMSA 1978]. History: 1978 Comp., …

to school personnel; exception; penalty. A. A member of the commission, a member of a local school board, a member of the governing body of a charter school, the secretary, an employee of the department or a school employee shall not, directly or indirectly, sell or be a party to…

lists in direct marketing; remedies. A. No person shall sell or use student, faculty or staff lists with personal identifying information obtained from a public school or a local school district for the purpose of marketing goods or services directly to students, faculty or staff…

This act [22-22-1 to 22-22-6 NMSA 1978] may be cited as the "Variable School Calendar Act". History: 1953 Comp., § 77-22-1, enacted by Laws 1972, ch. 16, § 1.

As used in the Variable School Calendar Act, "variable school calendar" means a calendar for school or school district operations extending over a ten, eleven or twelve- month period or portions thereof in excess of nine months, which permits pupil attendance on a staggered sched…

The purpose of the Variable School Calendar Act is to create an opportunity for public schools or school districts to operate beyond a nine-month period in any one calendar year in order to achieve optimum and maximum use of school facilities and personnel. History: 1953 Comp., §…

The local school board may operate a public school or the school district under a variable school calendar. The state board [department] shall develop criteria for the establishment of a variable school calendar in a school district. Those criteria shall include a requirement tha…

[department]. The state board [department] may suspend or modify existing rules pertaining to school district operations upon recommendation of the state superintendent [secretary] when those rules prevent or impede the implementation of the Variable School Calendar Act. History:…

The variable school calendar for a public school or school district shall be in lieu of any other school calendar provided by law, and all requirements for reporting or operating under existing school calendars shall be suspended for the public school or school district upon the …

Chapter 22, Article 23 NMSA 1978 may be cited as the "Bilingual Multicultural Education Act". History: 1953 Comp., § 77-23-1, enacted by Laws 1973, ch. 285, § 1; 2004, ch. 32, § 1.

The legislature finds that: A. while state and federal combined funding for New Mexico's bilingual multicultural education programs was forty-one million dollars ($41,000,000) in 2003, the funds do not directly support bilingual multicultural education program instruction; B. the…

As used in the Bilingual Multicultural Education Act: A. "bilingual learner" means a student whose bilingualism is emerging through the development of English and a language other than English; B. "bilingual multicultural education program" means a program using two languages, in…

History: 1953 Comp., § 77-23-3, enacted by Laws 1973, ch. 285, § 3; repealed by Laws 2004, ch. 31, § 7.

A. The department shall issue rules for the development and implementation of bilingual multicultural education programs. B. The department shall administer and enforce the provisions of the Bilingual Multicultural Education Act. C. The department shall assist school boards in de…

A. A school board or, for charter schools, a governing body of a charter school may prepare and submit to the department a bilingual multicultural education program plan in accordance with rules issued by the department. B. At regular intervals, the school board or governing body…

state financial support. A. To be eligible for state financial support, each bilingual multicultural education program shall: (1) provide for the educational needs of linguistically and culturally different students, including Native American children and other students who may w…

membership; duties. A. The "bilingual multicultural education advisory council" is created and shall advise the secretary and department staff on the effective implementation of the Bilingual Multicultural Education Act and the support of all bilingual multicultural education stu…

Chapter 22, Article 23A NMSA 1978 may be cited as the "Indian Education Act". History: Laws 2003, ch. 151, § 1; 2005, ch. 299, § 1.

outcomes for Indian students. Historically defined Indian impacted school districts shall develop and publish a systemic framework for improving educational outcomes for Indian students. The school district shall develop the framework in collaboration with school employees, triba…

A. The systemic framework shall include programs, services, culturally relevant activities and professional development that need to be provided to improve Indian education in the state. Based on the priorities developed through the needs assessment and the priorities set in the …

The purpose of the Indian Education Act is to: A. ensure equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for American Indian students enrolled in public schools; B. ensure maintenance of native lan…

As used in the Indian Education Act: A. "assistant secretary" means the assistant secretary for Indian education; B. "government-to-government" means the relationship between a New Mexico tribe and a state government; C. "indigenous" means native or tribal groups of the Americas …

A. The secretary shall ensure that the duties prescribed in the Indian Education Act are carried out and that each division within the department is collaborating to fulfill its responsibilities to tribal students. B. The secretary shall consult on proposed rules implementing the…

The department shall collaborate and coordinate efforts with the higher education department and institutions of higher education, including tribal colleges and teacher education institutions and tribal education departments, to facilitate the successful and seamless transition o…

duties. A. The "Indian education division" is created within the department. The secretary shall appoint an assistant secretary for Indian education, who shall direct the activities of the division and advise the secretary on development of policy regarding the education of triba…

A. The "Indian education advisory council" is created and shall advise the secretaries of early childhood education and care and public education and the assistant secretaries for Native American early childhood education and care and for Indian education on implementation of the…

A. The Indian education division in collaboration with the education division of the federal bureau of Indian affairs and other entities that serve tribal students shall submit an annual statewide tribal education status report no later than November 15 to all New Mexico tribes. …

A. The "Indian education fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations and income from investment of the fund. Money in the fund shall not revert. The fund shall be administered by the department, and money in the fund is…

assessments; use of data; prioritizing budgets; reports. A. As used in Sections 1 through 3 [22-23A-9 to 22-23A-11 NMSA 1978] of this 2019 act, "school district" includes charter schools. B. Historically defined Indian impacted school districts are required to conduct a needs ass…

This act [Chapter 22, Article 23B NMSA 1978] may be cited as the "Hispanic Education Act". History: Laws 2010, ch. 108, § 1 and Laws 2010, ch. 114, § 1.

The purpose of the Hispanic Education Act is to: A. provide for the study, development and implementation of educational systems that affect the academic success of Hispanic students to increase graduation rates and ensure lifelong success; B. protect and preserve New Mexico's he…

As used in the Hispanic Education Act, "liaison" means the Hispanic education liaison." History: Laws 2010, ch. 108, § 3 and Laws 2010, ch. 114, § 3.

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

A. The "Hispanic education advisory council" is created as an advisory council to the secretary. The council shall advise the secretary on matters related to improving public school education for Hispanic students, increasing parent involvement and community engagement in the edu…