reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-17.1 - Division; annual report.

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 submitted by every chartering authority as well as any relevant data compiled by the division. The annual report shall include a comparison of the performance of charter school students with the performance of academically, ethnically and economically comparable groups of students in noncharter public schools. The report shall also include an assessment of the successes, challenges and areas for improvement in meeting the purposes of the Charter Schools Act, including the division's assessment of the sufficiency of funding for charter schools, the efficacy of the state formula for chartering authority funding and any suggested changes to state law or policy necessary to strengthen the state's charter schools. The annual report shall be published on the department's web site.
History:
Laws 2011, ch. 14, § 9.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 9 effective July 1, 2012.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-1 - Repealed.

History:
Laws 1999, ch. 293, § 1; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-1 NMSA 1978, as enacted by Laws 1999, ch. 293, § 1, the short title for the Charter School District Act, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on New Mexico Source of Law. For comparable provisions,
see
22-8E-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-2 - Repealed.

History:
Laws 1999, ch. 293, § 2; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-2 NMSA 1978, as enacted by Laws 1999, ch. 293, § 2, relating to definitions, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-3 - Repealed.

History:
Laws 1999, ch. 293, § 3; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-3 NMSA 1978, as enacted by Laws 1999, ch. 293, § 3, relating to creation of charter school districts, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-4 - Repealed.

History:
Laws 1999, ch. 293, § 4; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-4 NMSA 1978, as enacted by Laws 1999, ch. 293, § 4, relating to charter school district application requirements, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-5 - Repealed.

History:
Laws 1999, ch. 293, § 5; repealed Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-5 NMSA 1978, as enacted by Laws 1999, ch. 293, § 5, relating to charter school district contracts, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-6 - Repealed.

History:
Laws 1999, ch. 293, § 6; repealed Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-6 NMSA 1978, as enacted by Laws 1999, ch. 293, § 6, relating to charter renewals, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-7 - Repealed.

History:
Laws 1999, ch. 293, § 7; repealed Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8C-7 NMSA 1978, as enacted by Laws 1999, ch. 293, § 7, relating to report to legislature, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8C - Charter School Districts › Section 22-8C-8 - Charter school student participation in public school 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 activities sanctioned by the New Mexico activities association if they meet eligibility requirements other than enrollment in a particular public school and if the charter school does not offer such activities sanctioned by the New Mexico activities association or any other association.
B. A charter school student otherwise eligible to participate in an extracurricular activity shall participate in the public school in the attendance zone in which the student lives, provided, however, that the student may choose only one public school in which to participate.
History:
Laws 2005, ch. 97, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 97 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Charter school students participating in extracurricular activities.
— Legislative history and rules of construction that require all statutes to be construed in harmony with all other statutes if such harmonious construction can be accomplished, suggest an intent on the part of the legislature that 22-8-23.6 NMSA 1978 and 22-8C-8 NMSA 1978, both authorize charter school students to participate in extracurricular activities in either the public school in their attendance zone or at another public school within the school district in which their charter school is located. The legislature intended 22-8C-8 NMSA 1978 to provide charter school students the choice later alluded to in 22-8-23.6 NMSA 1978.
Charter School Students Participating in Extracurricular Activities
(1/17/18), Att'y Gen. Adv. Ltr. 2018-01.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-1 - Repealed.

History:
Laws 2003, ch. 434, § 1; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-1 NMSA 1978, as enacted by Laws 2003, ch. 434, § 1, the short title for Special Urban School District Act, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-2 - Repealed.

History:
Laws 2003, ch. 434, § 2; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-2 NMSA 1978, as enacted by Laws 2003, ch. 434, § 2, relating to definitions, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-3 - Repealed.

History:
Laws 2003, ch. 434, § 3; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-3 NMSA 1978, as enacted by Laws 2003, ch. 434, § 3, relating to special urban school district application requirements, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-4 - Repealed.

History:
Laws 2003, ch. 434, § 4; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-4 NMSA 1978, as enacted by Laws 2003, ch. 434, § 4, relating to special urban school district requirements, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-5 - Repealed.

History:
Laws 2003, ch. 434, § 5; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-5 NMSA 1978, as enacted by Laws 2003, ch. 434, § 5, relating to district responsibilities, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-6 - Repealed.

History:
Laws 2003, ch. 434, § 6; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-6 NMSA 1978, as enacted by Laws 2003, ch. 434, § 6, relating to grounds for nonrenewal, probation or revocation of charter, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8D - Special Urban School District (Repealed.) › Section 22-8D-7 - Repealed.

History:
Laws 2003, ch. 434, § 7; repealed by Laws 2005, ch. 292, § 9.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 292, § 9 repealed 22-8D-7 NMSA 1978, as enacted by Laws 2003, ch. 434, § 7, relating to report to legislature and governor, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-1 - Short title.

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.
ANNOTATIONS
Cross references.
— For the 1999 Charter Schools Act and the Charter Schools Act as amended in 2007,
see
22-8B-1 NMSA 1978.
Effective dates.
— Laws 2005, ch. 292, § 10 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-2 - Definition.

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 to those found in the Public School Code [Chapter 22 [except Article 5A] NMSA 1978].
History:
Laws 2005, ch. 292, § 2.
ANNOTATIONS
Cross references.
— For the Public Education Department Act,
see
9-24-1 NMSA 1978.
Effective dates.
— Laws 2005, ch. 292, § 10 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-3 - Charter school district application requirements; process.

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 plan in the same manner as other legal notices of the school district. In addition, the school district shall send a notice to the principal of each school in the district, with instructions that each school distribute the notice to the families whose children are enrolled in the school. The local school board may amend the charter school district application after the public hearings. The local school board shall vote to approve the final application before the school district submits it to the department.
B. Not less than sixty-five percent of the employees of the school district must sign a petition in support of the school district becoming a charter school district.
C. The department shall establish by rule the process and requirements for applying for charter school district status and the process and requirements for renewing charter school district status. In each case, the department shall hold a public hearing.
D. The department shall approve no more than nine charter school districts altogether, three small, three medium and three large districts as determined by the department.
E. The department shall disapprove an initial application or application for renewal of charter school district status when it determines, after a hearing, that the application is not in the best interests of the students, the school district or the community.
History:
Laws 2005, ch. 292, § 3.
ANNOTATIONS
Cross references.
— For the Public Education Department Act,
see
9-24-1 NMSA 1978.
Effective dates.
— Laws 2005, ch. 292, § 10 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-5 - Charter school district responsibilities; exemptions from 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 adopted pursuant to that act pertaining to the length of the school day, staffing patterns, subject areas and instructional materials.
C. The department may waive other requirements the secretary deems appropriate.
History:
Laws 2005, ch. 292, § 5.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 292, § 10 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-6 - Renewal of charter.

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.
C. A charter school district renewal application submitted to the department shall contain:
(1) a report on the progress that the charter school district has made toward achieving the goals of its charter;
(2) a petition in support of the charter school district renewing its charter school district status signed by not less than sixty-five percent of the employees in the charter school district;
(3) a resolution by the local school board requesting renewal of the charter; and
(4) any other information that the department deems appropriate.
History:
Laws 2005, ch. 292, § 6; 2015, ch. 58, § 12.
ANNOTATIONS
Cross references.
— For the Public Education Department Act,
see
9-24-1 NMSA 1978.
The 2015 amendment,
effective June 19, 2015, removed provisions relating to adequate yearly progress; and in Subsection C, deleted former Paragraphs (2) and (3), relating to lists of schools that have made adequate yearly progress and lists of schools that have not made adequate yearly progress, and redesignated the succeeding paragraphs accordingly.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-7 - Evaluation; grounds for nonrenewal, probation or 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 visit the charter school district at least once each year to provide technical assistance and to determine the status of the charter school district and the progress of the charter school district toward the goals of its charter.
B. If the department finds that the charter school district is not in compliance with its charter or with any applicable state or federal law or rules, or is not in the best interests of the students, the school district or the community, the department may deny renewal, revoke the charter or place the charter school district on probationary status.
History:
Laws 2005, ch. 292, § 7.
ANNOTATIONS
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
Effective dates.
— Laws 2005, ch. 292, § 10 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8E - Charter School District Act of 2005 › Section 22-8E-8 - Report to the legislative education study committee and 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, ch. 292, § 8.
ANNOTATIONS
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
For legislative education study committee,
see
2-10-1 NMSA 1978.
Effective dates.
— Laws 2005, ch. 292, § 10 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8F - Family Income Index › Section 22-8F-1 - Short title.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 18, § 7 made Laws 2021, ch. 18, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8F - Family Income Index › Section 22-8F-2 - Definitions.

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 poverty level;
C. "low income" means a household income of at least one hundred thirty percent but less than one hundred eighty-five percent of the federal poverty level;
D. "moderate income" means a household income of at least one hundred eighty-five percent but less than two hundred twenty-five percent of the federal poverty level;
E. "school district" includes a state-chartered charter school; and
F. "very low income" means a household income greater than seventy-five percent but less than one hundred thirty percent of the federal poverty level.
History:
Laws 2021, ch. 18, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 18, § 7 made Laws 2021, ch. 18, § 2 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8F - Family Income Index › Section 22-8F-4 - Threshold for funding distribution; distribution of family income index funds; allocations to eligible public schools.

A. Except as provided in Subsection E of this section, each year, to determine the number of public schools that are eligible for family income index allocations through their respective school districts, the department shall:
(1) identify the school districts that have public schools within the fifty percent of public schools on the department's ranked list pursuant to Subsection E of Section 3 [22-8F-3 NMSA 1978] of the Family Income Index Act with the highest family income indices; and
(2) multiply the total number of public schools within each of the school districts that are identified in Paragraph (1) of this subsection by one-tenth, and if the product is:
(a) less than one, the product shall be rounded to one; and
(b) more than one, the product shall be rounded to the nearest whole number.
B. The number of eligible public schools within a school district identified in Paragraph (1) of Subsection A of this section for which funding may be allocated pursuant to this section is equal to the rounded product determined pursuant to Paragraph (2) of Subsection A of this section. Each year, the public schools that are eligible for an allocation are those public schools within each school district that have the highest family income indices.
C. An allocation for an eligible public school is limited to the greater of that public school's proportional share as determined pursuant to Subsection D of this section or twenty thousand dollars ($20,000).
D. To determine the proportional share of funding that the department distributes to a school district for each eligible public school, the number of eligible students in each eligible public school shall be divided by the total number of eligible students at all eligible public schools. Each eligible public school's proportional share shall be multiplied by the total amount appropriated for distribution pursuant to the Family Income Index Act.
E. The legislature may establish a different percentage of public schools to be considered pursuant to Paragraphs (1) and (2) of Subsection A of this section.
F. A family income index distribution to a school district for allocation to an eligible public school shall be used exclusively at that public school for the interventions specified in Section 5 [22-8F-5 NMSA 1978] of the Family Income Index Act.
G. For the purposes of this section, "eligible students" means students with household incomes in the extremely low income or very low income categories.
History:
Laws 2021, ch. 18, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 18, § 7 made Laws 2021, ch. 18, § 4 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8F - Family Income Index › Section 22-8F-5 - Uses of family income index distributions.

A. Except as provided in Subsection B of this section, a public school shall use its family income index allocation on any of the following:
(1) evidence-based, structured literacy interventions that have been shown to improve reading and writing achievement of students;
(2) evidence-based mathematics instruction and interventions, including educational programming intended to improve career and college readiness of at-risk students, dual or concurrent enrollment and career and technical education;
(3) case management, tutoring and after-school and summer enrichment programs that are delivered by social workers, counselors, teachers or other professional staff;
(4) culturally relevant professional and curriculum development, including those necessary to support language acquisition and bilingual and multicultural education;
(5) whole school interventions, including social and emotional learning programs, multilayered systems of support, student nutrition programs, school-based health centers and community schools;
(6) evidence-based, high-quality instructional resources and materials;
(7) services to engage and support parents and families in the education of students; and
(8) services to engage and support tribal communities in the education of Native American students.
B. A school district shall use distributions received for allowable uses specified in Subsection A of this section to expand or improve services provided as part of a public school's existing academic program, but not to replace existing services.
History:
Laws 2021, ch. 18, § 5; 2023, ch. 23, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, expanded the allowable uses of family income index distributions for public schools; in Subsection A, in the introductory clause, after "family income index allocation", deleted "as follows" and added "on any of the following", in Paragraphs A(1) and (2), deleted "at least one-third for", and deleted the language "no more than one-third on the following interventions" and redesignated former Subparagraphs A(3)(a) through A(3)(f) as Paragraphs A(3) through A(8), respectively, in Paragraph A(6), added "evidence-based, high quality"; and deleted former Subsection B and redesignated former Subsection C as Subsection B.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8F - Family Income Index › Section 22-8F-6 - Educational plan to include allowable uses for each public school; distributions; reporting.

A. A school district shall establish, within its department-approved educational plan, the interventions identified in Section 5 [22-8F-5 NMSA 1978] of the Family Income Index Act that will be used in each of its eligible public schools. Each school district that receives a distribution shall provide a report to the department by August 1 after the fiscal year in which it receives a distribution that includes a description of the services the school district has provided for each public school that received an allocation to improve the academic success of students. The report shall include a detailed description of how each public school has used its allocation and the way in which the additional funding has impacted student academic outcomes.
B. The department shall evaluate how each public school used its allocation and the way in which each allocation impacted student academic outcomes and report its findings and recommendations to the legislative finance committee and the legislative education study committee by October 15 of each year beginning in fiscal year 2022.
History:
Laws 2021, ch. 18, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 18, § 7 made Laws 2021, ch. 18, § 6 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-1 - Repealed.

History:
1953 Comp., § 77-7-1, enacted by Laws 1967, ch. 16, § 101; repealed by Laws 2011, ch. 35, § 6.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 35, § 6 repealed 22-9-1 NMSA 1978, as enacted by Laws 1967, ch. 16, § 101, relating to gifts and grants for education, effective June 17, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-2 - Federal aid to education; state educational agency.

The department shall be the sole educational agency of the state for the administration or for the supervision of the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid for education, school construction or school breakfast or lunch programs, except as is provided in Section 21-1-26 NMSA 1978 and as may otherwise be provided by law.
History:
1953 Comp., § 77-7-2, enacted by Laws 1967, ch. 16, § 102; 2004, ch. 27, § 22; 2011, ch. 35, § 2.
ANNOTATIONS
Cross references.
— For designation of the state educational authorities for administration of federal grants,
see
22-9-8 NMSA 1978.
For designation of higher education department to administer funds furnished under acts of congress to state educational institutions,
see
21-1-26 NMSA 1978.
For designation of the public education commission for vocational education programs,
see
22-14-2 NMSA 1978.
For the public education department,
see
9-24-4 NMSA 1978.
For the higher education department,
see
9-25-4 NMSA 1978.
The 2011 amendment,
effective June 17, 2011, added breakfast programs to the list of programs that are administered and supervised by the department.
The 2004 amendment,
effective May 19, 2004, changed "state department" to "department" and changed a 1953 statutory reference to the NMSA 1978 section number.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-3 - State educational agency; powers; duties.

Whenever the department is the sole educational agency of the state pursuant to the provisions of Section 22-9-2 NMSA 1978, it may:
A. enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statute;
B. establish a state plan, if required by the federal statute, which meets the requirements of the federal statute to qualify the state for the benefits of the federal statute;
C. provide for reports to be made to the federal agency as may be required;
D. provide for reports to be made to the department or its representative from agencies receiving federal funds;
E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal funds are to be applied;
F. establish standards to which agencies must conform in receiving federal funds; and
G. give technical advice and assistance to any local educational agency in connection with that agency obtaining federal funds.
History:
1953 Comp., § 77-7-3, enacted by Laws 1967, ch. 16, § 103; 2004, ch. 27, § 23.
ANNOTATIONS
Cross references.
— For designation of the department for submission of state plan for federal grants under Public Law 93-380,
see
22-9-6 NMSA 1978.
For the public education department,
see
9-24-4 NMSA 1978.
The 2004 amendment,
effective May 19, 2004, changed "state department" to "department" and changed a 1953 statutory reference to the NMSA 1978 section number.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-4 - Limitation on accepting grants and gifts.

Federal funds, gifts or grants relating to aid for education, school construction or school breakfast or lunch programs may be accepted by the state only if supervision and control of courses of instruction and the personnel of public schools is reserved to the state or its local subdivisions.
History:
1953 Comp., § 77-7-4, enacted by Laws 1967, ch. 16, § 104; 2011, ch. 35, § 3.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, added breakfast programs to the list of programs for which federal funds, gifts or grants may be accepted.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-5 - Custody of funds; budgets; disbursements.

A. The state treasurer shall be the custodian of all funds received by the state by virtue of a federal statute, gift or grant relating to aid for education, school construction or school breakfast or lunch programs. The state treasurer shall hold these funds in separate accounts according to the purpose of the grant or gift.
B. All federal funds, gifts or grants administered by the department shall be budgeted, accounted for and disbursed as provided by law and by the rules of the department of finance and administration.
History:
1953 Comp., § 77-7-5, enacted by Laws 1967, ch. 16, § 105; 2011, ch. 35, § 4.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, added federal funds for breakfast programs to the list of funds within the custody of the state treasurer.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-6 - Authorization to receive federal grants and to submit a state plan.

For purposes of receiving federal grants pursuant to Section 842 of Public Law 93-380, Assistance to States for State Equalization Plans, the state department of public education [department] is designated the state agency and is authorized to submit a state plan to the United States secretary of education.
History:
1953 Comp., § 77-7-6, enacted by Laws 1976, ch. 21, § 1; 1977, ch. 246, § 64; 1980, ch. 151, § 50; 1988, ch. 64, § 39.
ANNOTATIONS
Cross references.
— For references to the former state department of public education,
see
9-24-15 NMSA 1978.
For state equalization guarantee distributions generally,
see
22-8-25 NMSA 1978.
For Section 842 of Public Law 93-380,
see
20 U.S.C. § 246.
The 1988 amendment,
effective May 18, 1988, substituted "state department of public education" for "public school finance division of the department of finance and administration".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-7 - Federal grant-in-aid funds; custody; deposit; disbursement.

The state treasurer is the trustee for all funds apportioned to the state under any act of congress and he is directed to enter into agreements with, and to comply with the rules and regulations of, such agencies of the federal government as are necessary to procure for the state grants of federal aid to education. Any funds received under any act of congress shall be held by the state treasurer in special funds designated in accordance with the purposes of the grant made and shall be paid out by him only on warrant of the secretary of finance and administration. Warrants shall be issued only upon voucher of the superintendent of public instruction for disbursements other than for rural library service. Disbursements made for rural library service shall be made only upon voucher issued by the state librarian.
History:
Laws 1939, ch. 162, § 2; 1941 Comp., § 55-519; 1953 Comp., § 73-6-32; Laws 1961, ch. 126, § 8; 1977, ch. 247, § 192.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-8 - State educational authorities for federal grant administration.

The superintendent of public instruction [secretary] shall be the state educational authority to represent the state in administration of any funds received under any act of congress to authorize grants to states in aid of education other than grants for aid to rural library service and, as to such grants and funds received thereunder, the state librarian shall be the authority to represent the state in the administration of the funds.
History:
Laws 1939, ch. 162, § 3; 1941 Comp., § 55-520; 1953 Comp., § 73-6-33; Laws 1961, ch. 126, § 9.
ANNOTATIONS
Cross references.
— For designation and powers of public education department as educational agency of state for administration of state plans established for funds received pursuant to federal statutes,
see
22-9-2 and 22-9-3 NMSA 1978.
For references to the former superintendent of public instruction,
see
9-24-15 NMSA 1978.
For designation of higher education department to administer funds furnished under acts of congress to state educational institutions,
see
21-1-26 NMSA 1978.
Grants under Title I, Public Law 815,
81st Cong. (2d sess.), may properly be applied for and administered by the superintendent of public instruction. 1951 Op. Att'y Gen. No. 51-5344.
See also
1951 Op. Att'y Gen. No. 51-5365.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-10 - Reports; federal funds; federal agencies; legislature.

A. Whenever required by any act of congress authorizing federal aid to education or any rules issued pursuant thereto:
(1) the state superintendent [secretary] shall make reports with respect to expenditure of funds received and progress of education generally, progress of adult education generally or any other matters in the form and containing information required by the appropriate federal agencies; and
(2) the state librarian shall make reports with respect to expenditure of funds received and progress of library service in the form and containing information required by the appropriate federal agencies.
B. Annually, by November 1, the state superintendent [secretary] shall submit to the legislative education study committee, the legislative finance committee and the library of the legislative council service a detailed report of all federal funds distributed to the state department of public education in the federal fiscal year ending September 30, one year prior to the date of the report, with a description of the purpose for which the state received the money and a detailed accounting of how the funds were expended.
History:
Laws 1939, ch. 162, § 5; 1941 Comp., § 55-522; 1953 Comp., § 73-6-35; Laws 1961, ch. 126, § 11; 2001, ch. 313, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For the state librarian,
see
18-2-3 NMSA 1978.
For powers of public education department when designated as sole educational agency of state for administration of state plans established for funds received pursuant to federal statutes,
see
22-9-3 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, added Subsection B and made stylistic changes.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-11 - [School facility construction grants-in-aid; enforcement of labor standards.]

In the event that the state shall accept any provision of any such act of congress which authorizes and grants aid in the construction of school facilities, the superintendent of public instruction [secretary] shall, by contract or otherwise, enforce labor standards not less beneficial to employees on such projects than those required under Sections 1 and 2 of the act of August 30, 1935 (49 Stat. 1011, ch. 825), as amended; provided, that the act of congress authorizing such aid shall so require.
History:
Laws 1939, ch. 162, § 6; 1941 Comp., § 55-523; 1953 Comp., § 73-6-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For Sections 1 and 2 of the Congressional Act of August 30, 1935, as amended,
see
40 U.S.C. §§ 276a and 276a-1.
See
40 U.S.C.S. § 3141 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-12 - Official notice of acceptance of federal acts for education and library service.

The superintendent of public instruction [secretary] shall transmit to the proper federal agency designated in any act of congress authorizing federal aid to education, official notice of acceptance of any parts and titles of the act and transmit therewith certified copies of this act [22-9-7 to 22-9-12 NMSA 1978] and apportionment plans required in connection with the granting of any funds by any act of congress. In the case of aid to rural or other library service authorized in any act of congress, the official notice with the necessary certified copies as relate to library service shall be transmitted by the state librarian.
History:
Laws 1939, ch. 162, § 9; 1941 Comp., § 55-524; 1953 Comp., § 73-6-37; Laws 1961, ch. 126, § 12.
ANNOTATIONS
Cross references.
— For transfer of powers and duties of the former superintendent of public instruction,
see
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-13 - [Superintendent of public instruction declared sole agency for administration of federal aid to education.]

The superintendent of public instruction [secretary] is hereby designated as the sole agency of the state of New Mexico for the administration of any and all plans which may be established or funds which may be available to the state, or for which the state may be eligible by virtue of any legislation enacted by the federal government, to authorize federal assistance to states and communities to enable them to increase public elementary and secondary school construction.
History:
1953 Comp., § 73-6-37.1, enacted by Laws 1955, ch. 135, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For designation of the educational agency for administration of state plans established for funds received pursuant to federal statutes,
see
22-9-2 NMSA 1978.
For enforcement of labor standards relating to school facility construction grants-in-aid,
see
22-9-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-14 - [Promulgation of standards and procedures; sale of obligations; purposes for which payments may be used.]

Said superintendent [secretary] shall, as required or necessary for such eligibility, set forth and promulgate standards and procedures, conforming to federal requirements, for determining eligibility of local educational agencies for payment under such federal legislation, and the amounts thereof, and the need for the facilities to be constructed, which standards and procedures shall provide reasonable assurance that:
A. such payments will be made only if, and to the extent, necessary to enable any local educational agency:
(1) to sell to the federal government or such agency as may be designated for such purpose obligation [obligations] in the amounts needed by such agency to construct the school facilities with respect to which the payments are made; or
(2) if such agency is legally unable to sell such obligations, to rent such facilities from a state school-building agency at rentals which the federal government or its designated agent determines to be comparable to those charged by state school-building agencies pursuant to agreements with the federal government or its designated agent; and,
B. such payments will be made only with respect to the construction of school facilities needed to relieve or prevent extreme overcrowding, double shifts or unhealthful or hazardous conditions.
History:
1953 Comp., § 73-6-37.2, enacted by Laws 1955, ch. 135, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-15 - [Accounting, budgeting and other fiscal methods to be prescribed by superintendent.]

Said superintendent [secretary] shall provide and require such accounting, budgeting and other fiscal methods and procedures as are necessary for the proper and efficient administration of such federal plan or plans.
History:
1953 Comp., § 73-6-37.3, enacted by Laws 1955, ch. 135, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 9 - Federal Aid to Education › Section 22-9-16 - [Reports.]

Said superintendent [secretary] shall provide for the making of such reports, in such form and containing such information as the federal government or its designated agent may from time to time reasonably require to carry out the provisions of applicable legislation, and for compliance with such provisions as may from time to time be necessary to assure the correctness and verification of such reports.
History:
1953 Comp., § 73-6-37.4, enacted by Laws 1955, ch. 135, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 33 recompiled and amended former 22-10-1 NMSA 1978, relating to the School Personnel Act, as 22-10A-1 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-2 NMSA 1978, relating to definitions, as 22-10A-2 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3 - Repealed.

History:
1953 Comp., § 77-8-1.2, enacted by Laws 1975, ch. 306, § 3; 1986, ch. 33, § 17; 1993, ch. 223, § 2.; 1999, ch. 249, § 3; 2000, ch. 38, § 1; 2002, ch. 41, § 1; 2002, ch. 81, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-3 NMSA 1978, as enacted by Laws 1975, ch. 306, § 3, relating to certificate requirements, types of certificates, forfeiture of claims, exceptions, and administrator apprenticeships, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3.1 - Repealed.

History:
1978 Comp., § 22-10-3.1, enacted by Laws 1986, ch. 33, § 18; 1987, ch. 320, § 4; 1988, ch. 105, § 3; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-3.1 NMSA 1978, as enacted by Laws 1986, ch. 33, § 18, relating to certified school administrators, evaluation and improvement training, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 53 recompiled and amended former 22-10-3.2 NMSA 1978, relating to certified school personnel and school nurses, as 22-10A-32 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3.3 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 36 recompiled and amended former 22-10-3.3 NMSA 1978, relating to background checks, as 22-10A-5 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3.4 - Repealed.

History:
Laws 1997, ch. 238, § 2; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-3.4 NMSA 1978, as enacted by Laws 1997, ch. 238, § 2, relating to known convictions, reporting requirements, limited immunity from liability and penalty for failure to report, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10 - Certified School Personnel (Repealed, Recompiled.) › Section 22-10-3.5 - Repealed.

History:
Laws 1999, ch. 249, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-10-3.5 NMSA 1978, as enacted by Laws 1999, ch. 249, § 1, relating to issuance of alternative certificates, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.