reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-13.1 - School district and charter school audits; sanctions for not submitting timely audit reports.

A. Each school district and charter school shall have an annual audit as required by the Audit Act [12-6-1 to 12-6-14 NMSA 1978] and rules of the state auditor that shall be completed and submitted to the state auditor by the date specified in rules of the state auditor. At the completion of the annual or any special audit, the school district or charter school shall submit a copy of the audit report to the department.
B. School districts and charter schools shall comply with due dates for annual audits specified by rule of the state auditor. Failure to submit a timely audit report shall subject a school district or charter school to progressive sanctions. A school district or charter school that does not submit an annual audit report:
(1) within ninety days from the due date, shall be required to submit monthly financial reports to the department until the department is satisfied that the school district or charter school is in compliance with all financial and audit requirements;
(2) after ninety days but within one hundred eighty days from the due date, may be withheld temporarily in an amount up to five percent of its current-year state equalization guarantee distribution;
(3) after one hundred eighty days but within two hundred seventy days, may be withheld temporarily in an amount up to seven percent of its current-year state equalization guarantee distribution and may be required to submit a corrective action plan to the secretary; and
(4) after two hundred seventy days, may be withheld temporarily in an amount up to seven percent of its current-year state equalization guarantee distribution and may be subject to the secretary's suspension of the local school board or governing body acting as a board of finance.
History:
Laws 2009, ch. 273, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 273, § 3 made Laws 2009, ch. 273, § 2 effective July 1, 2010.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-13.2 - Financial reporting.

A. Each local superintendent or person in charge of the fiscal management of a charter school shall provide quarterly reports on the financial position of the school district or charter school, as applicable, to the local school board of the school district or the governing body of the charter school for use in reviewing the financial status of the school district or charter school. The department shall develop the forms to be used for the financial reporting required under this section. The forms shall provide for at least the following:
(1) a report on the budget status of the local school district or charter school, including the approved operating budget for revenues and expenses compared with year-to-date actual revenue and expenses;
(2) a statement of any budget adjustment requests;
(3) cash reports, including revenue, expenses, temporary loans and cash balances for operational, state and federal grants, capital outlay and debt service funds;
(4) voucher reports, including a list of issued warrants or checks;
(5) reports listing procurement, travel or gas card expenses; and
(6) investment reports.
B. School districts and charter schools shall post the reports required under Subsection A of this section on the school district's or charter school's web site.
C. As used in this section:
(1) "charter school" means a school organized as a charter school pursuant to the provisions of the Charter Schools Act [Chapter 22, Article 8B NMSA 1978]; and
(2) "governing body" means the governing structure of a charter school as set forth in the school's charter.
History:
Laws 2011, ch. 12, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-14 - Public school fund.

A. The "public school fund" is created.
B. The public school fund shall be distributed to school districts and state-chartered charter schools in the following parts:
(1) state equalization guarantee distribution;
(2) transportation distribution; and
(3) supplemental distributions:
(a) out-of-state tuition to school districts;
(b) emergency; and
(c) program enrichment.
C. The distributions of the public school fund shall be made by the department within limits established by law. The balance remaining in the public school fund at the end of each fiscal year shall revert to the general fund, unless otherwise provided by law.
History:
1953 Comp., § 77-6-15, enacted by Laws 1967, ch. 16, § 69; 1969, ch. 180, § 12; 1971, ch. 263, § 5; 1972, ch. 87, § 1; 1973, ch. 351, § 1; 1974, ch. 8, § 4; 1975, ch. 342, § 1; 1988, ch. 64, § 25; 2006, ch. 94, § 9.
ANNOTATIONS
Cross references.
— For state equalization guarantee distributions,
see
22-8-25 NMSA 1978.
For transportation distributions,
see
22-8-26 to 22-8-29 NMSA 1978.
For supplemental distributions,
see
22-8-30 NMSA 1978.
For transfer of unencumbered balances in current school fund to public school fund,
see
22-8-32 NMSA 1978.
For transfer of federal mineral leasing funds to public school fund,
see
22-8-34 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, changed "this fund" to "the public school fund" and added state-chartered charter schools in Subsection B and added "to school districts" in Subparagraph (a) of Paragraph (3) of Subsection B.
The 1988 amendment,
effective May 18, 1988, substituted "department" for "chief" in the first sentence in Subsection C.
Proper entity to receive funding.
— Local school district within which Los Lunas hospital and training school is located is appropriate entity to receive funding pursuant to the Public School Finance Act for special education of exceptional children. 1977 Op. Att'y Gen. No. 77-04.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
68 Am. Jur. 2d Schools § 99 et seq.
79 C.J.S. Schools and School Districts §§ 410 to 413.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-15 - Allocation limitation.

A. The department shall determine the allocations to each school district and charter school from each of the distributions of the public school fund, subject to the limits established by law.
B. The local school board in each school district with locally chartered charter schools shall allocate the appropriate distributions of the public school fund to individual locally chartered charter schools pursuant to each locally chartered charter school's school-based budget approved by the local school board and the department. The appropriate distribution of the public school fund shall flow to the locally chartered charter school within five days after the school district's receipt of the state equalization guarantee for that month.
History:
1953 Comp., § 77-6-16, enacted by Laws 1967, ch. 16, § 70; 1974, ch. 8, § 5; 1988, ch. 64, § 26; 1993, ch. 224, § 3; 1993, ch. 227, § 10; 1999, ch. 281, § 23; 2006, ch. 94, § 10.
ANNOTATIONS
Cross references.
— For public school fund,
see
22-8-14 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, changed "charter schools" to "locally chartered charter schools".
The 1999 amendment,
effective June 18, 1999, in Subsection B, deleted "local" preceding "school district" and deleted the last sentence, which read "The local school board may retain an amount not to exceed the school district's administrative cost relevant to that charter school", and rewrote Subsection C, which read "The local school board in each local school district with authorized charter schools shall establish an individual charter school account to receive public school fund disbursement for each charter school."
The 1993 amendment,
effective June 18, 1993, designated the formerly undesignated provision as Subsection A and added Subsections B and C.
The 1988 amendment,
effective May 18, 1988, substituted "department" for "chief".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-16 - Payment to school districts.

The department shall make payments of each distribution of the public school fund by warrant of the department of finance and administration drawn against the public school fund upon vouchers issued by the department. When payments are made to county treasurers for school districts within the county, the county treasurer shall hold and allocate these funds solely for the use and benefit of the specific school district and purpose for which the allocation was made.
History:
1953 Comp., § 77-6-17, enacted by Laws 1967, ch. 16, § 71; 1974, ch. 8, § 6; 1988, ch. 64, § 27.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, substituted "department" for "chief" twice in the first sentence.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-17 - Program cost determination; required information.

A. The program cost for each school district and charter school shall be determined by the department in accordance with the provisions of the Public School Finance Act.
B. The department is authorized to require from each school district and charter school the information necessary to make an accurate determination of the district's or charter school's program cost.
History:
1953 Comp., § 77-6-18, enacted by Laws 1969, ch. 180, § 13; reenacted by Laws 1974, ch. 8, § 7; 1988, ch. 64, § 28; 2006, ch. 94, § 11.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, added "charter school" in Subsections A and B.
The 1988 amendment,
effective May 18, 1988, substituted "department" for "chief" once in each subsection.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Determination of school attendance, enrollment, or pupil population for purpose of apportionment of funds, 80 A.L.R.2d 953.
Property taxes: validity of basing public school financing system on local property taxes, 41 A.L.R.3d 1220.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-19 - Early childhood education program units.

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. Early childhood education students enrolled in full-day kindergarten programs shall be counted for 1.0 early childhood education MEM.
B. For the purpose of calculating early childhood education program units, developmentally disabled three- and four-year-old students shall be counted in early childhood education membership. No developmentally disabled three- or four-year-old student shall be counted for more than 0.5 early childhood education MEM.
History:
1953 Comp., § 77-6-18.2, enacted by Laws 1969, ch. 180, § 15; reenacted by Laws 1974, ch. 8, § 9; 1976 (S.S.), ch. 32, § 3; 1990 (1st S.S.), ch. 3, § 5; 1997, ch. 40, § 4; 2000, ch. 107, § 2.
ANNOTATIONS
The 2000 amendment,
effective May 17, 2000, changed how early childhood education students are counted for the early childhood education MEM from no more than 0.5 for all students to 0.5 for half-day kindergarten students and 1.0 for full-day students.
The 1997 amendment,
effective July 1, 1997, added the Subsection A designation and added Subsection B.
The 1990 (1st S.S.) amendment,
effective July 1, 1990, substituted "childhood education MEM" for "childhood education ADM" in both occurrences and "cost differential factor 1.44" for "cost differential factor 1.3".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-20 - Basic program units.

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 through 6
1.045
7 through 12
1.25.
History:
1978 Comp., § 22-8-20, enacted by Laws 1991, ch. 85, § 3; 1993, ch. 2, § 1; 1993, ch. 226, § 21; 1993, ch. 226, § 22; 1993, ch. 228, § 2; 1993, ch. 228, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1991, ch. 85, § 3 repealed former 22-8-20 NMSA 1978, as amended by Laws 1991, ch. 85, § 2, and enacted a new section, effective July 1, 1992.
1993 amendments.
— Laws 1993, ch. 2, § 1, effective June 18, 1993, substituted "1.26" for "1.42" as the Cost Differential Factor for Grade 1.
Identical amendments to this section were enacted by Laws 1993, ch. 226, § 21, effective July 1, 1993, and Laws 1993, ch. 228, § 2, effective June 18, 1993 until July 1, 1994, which, under the column "Cost Differential Factor" substituted "1.2" for "1.42" for grade 1 and "1.18" for "1.1" for grades 2 and 3.
Identical amendments to this section were enacted by Laws 1993, ch. 226, § 22 and Laws 1993, ch. 228, § 3, both effective July 1, 1994, substituting "1.045" for "1.0" under the column "Cost Differential Factor" for grades 4 through 6.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-22 - Bilingual multicultural education program units.

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 differential factor 0.35, effective July 1, 1990; 0.4, effective July 1, 1991; .425, effective July 1, 1992; 0.45, effective July 1, 1993; and 0.5, effective July 1, 1994.
History:
1953 Comp., § 77-6-18.6, enacted by Laws 1974, ch. 8, § 13; 1976 (S.S.), ch. 32, § 6; 1990 (1st S.S.), ch. 3, § 6; 1992, ch. 75, § 2; 1993, ch. 238, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, inserted "0.45, effective July 1, 1993"; substituted "1994" for "1993" at the end of the section; and made minor stylistic changes.
The 1992 amendment,
effective May 20, 1992, substituted ".425" for "0.45" near the end of the section.
The 1990 (1st S.S.) amendment,
effective July 1, 1990, substituted "full-time-equivalent MEM" for "full-time-equivalent ADM" and "differential factor 0.35" for "differential factor 0.3" and added at the end the language beginning "effective July 1, 1990".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.2 - New district adjustment; additional program units.

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 = Units
where MEM is equal to the total district membership, including early childhood education full-time equivalent membership and special education membership.
B. A school district whose membership decreases as a result of the establishment of a newly created school district is eligible for additional program units. The number of additional program units to which that district is entitled under this subsection is the number of units computed in the following manner:
(MEM for prior year — MEM for current year) x .17 = Units
where MEM is equal to the total district membership, including early childhood education full-time equivalent membership and special education membership.
C. As used in this section, "newly created school district" means a local school district not in existence during the immediately preceding school year.
History:
1978 Comp., § 22-8-23.2, enacted by Laws 1993, ch. 237, § 2.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.4 - National board for professional teaching standards; 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 teaching standards employed by the school district or charter school on or before the first reporting date of the school year and verified by the department. Department approval of these units shall be contingent on verification by the school district or charter school that these licensed school employees hold certification by the national board for professional teaching standards and are receiving a one-time salary differential equal to or greater than the amount generated by the units multiplied by the program unit value during the fiscal year in which the school district or charter school will receive these units.
History:
Laws 2003, ch. 144, § 2; 2003, ch. 152, § 9; 2006, ch. 94, § 14; 2010, ch. 116, § 5; 2023, ch. 145, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, allowed licensed school employees certified by the national board for professional teaching standards to generate program units in the public school funding formula; in the section heading, deleted "certified teachers"; after "program units for", deleted "teachers" and added "licensed school employees", after "one-half the number of", deleted "teachers" and added "licensed school employees", and after "these", deleted "teachers" and added "licensed school employees hold certification by the national board for professional teaching standards and".
Applicability.
— Laws 2023, ch. 145, § 2 provided that the provisions of Laws 2023, ch. 145, § 1 apply to the 2023-2024 and subsequent school years.
The 2010 amendment,
effective May 19, 2010, in the first sentence, after "charter school on or before the", deleted "fortieth day" and added "first reporting date".
The 2006 amendment,
effective July 1, 2007, added charter schools.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.5 - Fine arts education program units.

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 fiscal year 2024 and succeeding fiscal years.
History:
Laws 2003, ch. 144, § 3 and by Laws 2003, ch. 152, § 8; 2023, ch. 148, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, increased the fine arts cost differential factor; and after "cost differential factor of", deleted "0.0166 for fiscal year 2004, 0.0332 for fiscal year 2005 and 0.05" and added "0.055", and after the next occurrence of "for fiscal year", deleted "2006" and added "2024".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.6 - Charter school student activities program unit.

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. The student activities program unit shall be paid to the school district in which it is generated. A charter school student is eligible to participate in school district activities at the public school in the attendance zone in which the student resides, according to the New Mexico activities association guidelines. If the student chooses to participate at a public school other than the one in the attendance zone in which the student resides, the student shall be subject to New Mexico activities association transfer guidelines.
History:
Laws 2006, ch. 94, § 15.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 94, § 61 made Laws 2006, ch. 94, § 15 effective July 1, 2007.
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 8 - Public School Finance › Section 22-8-23.7 - Elementary physical education program units.

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 physical education programs that serve students in kindergarten through grade six in a public school classified by the department as an elementary school.
History:
Laws 2007, ch. 348, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 348 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.8 - Home school student activities program unit.

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 home school student activities program unit shall be paid to the school district in which it is generated. A home school student is eligible to participate in up to three school district activities at the public school in the attendance zone in which the student resides, according to the New Mexico activities association guidelines. The school district shall verify each home school student's academic eligibility to participate in school district activities. As used in this section, "activities" means athletics, co-curricular and extracurricular activities sanctioned by the New Mexico activities association.
History:
Laws 2007, ch. 365, § 2; 2009, ch. 93, § 1; 2012, ch. 23, § 1.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, eliminated the requirement that home school student activities program units be based on athletic activities; in the third sentence, after "school district", deleted "athletic"; in the fourth sentence, after "school district", deleted "athletic"; and added the last sentence.
Applicability.
— Laws 2012, ch. 23, § 2 provided that the provisions of Laws 2012, ch. 23, § 1 apply to the 2012-2013 school year and subsequent school years.
The 2009 amendment,
effective June 19, 2009, increased the number of school district activities in which a home school student may participate from one athletic activity to three athletic activities.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.9 - Home school student program units.

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 at public schools and, if so, shall generate program units as provided in this section. The home school student program unit for a school district is determined by multiplying the number of home school students who are enrolled in one or more classes by the cost differential factor 0.25 per class per home school student up to the enrollment required for the home school student to meet the definition of "qualified student". The home school student program units shall be paid to the school district in which they are generated. A home school student is eligible to enroll in a public school in the attendance zone in which the student resides or in another public school outside the attendance zone as provided in Section 22-1-4 NMSA 1978. The school district shall verify each home school student's academic and other eligibility to enroll in the class.
History:
Laws 2013, ch. 113, § 1; 2014, ch. 61, § 2.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, changed "home schooled" to "home school" throughout the section.
Applicability.
— Laws 2013, ch. 113, § 2 provided that Laws 2013, ch. 113, § 1 applies to the 2014-2015 school year and subsequent school years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.10 - Repealed.

History:
Laws 2019, ch. 206, § 16; 2019, ch. 207, § 16; 2021, ch. 134, § 1; repealed by Laws 2023, ch. 19, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 19, § 5 repealed 22-8-23.10 NMSA 1978, as enacted by Laws 2019, ch. 206, § 16 and Laws 2019, ch. 207, § 16, relating to extended learning time program, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.11 - Repealed.

History:
Laws 2019, ch. 206, § 17; 2019, ch. 207, § 17; 2021, ch. 134, § 2; repealed by Laws 2023, ch. 19, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 19, § 5 repealed 22-8-23.11 NMSA 1978, as enacted by Laws 2019, ch. 206, § 17 and Laws 2019, ch. 207, § 17, relating to K-5 plus program units, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.12 - New program funding.

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's or charter school's budget shall be based on the projected number of program units for the program's first year of operation and shall be adjusted using the qualified MEM on the first reporting date of the current school year.
History:
Laws 2019, ch. 206, § 18 and Laws 2019, ch. 207, § 18.
ANNOTATIONS
Duplicate laws.
— Laws 2019, ch. 206, § 18, effective June 14, 2019, and Laws 2019, ch. 207, § 18, effective June 14, 2019, enacted identical new sections. The section was set out as enacted by Laws 2019, ch. 207, § 16.
See
12-1-8 NMSA 1978.
Applicability.
— Laws 2019, ch. 206, § 29 provided that the provisions of Laws 2019, ch. 207, § 18 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.13 - Public education reform fund created.

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 appropriated to the department for the purposes of implementing evidence-based public education initiatives related to high-quality teaching and school leadership, extended learning opportunities for students, educational interventions for at-risk students, effective and efficient school administration or promoting public education accountability.
History:
Laws 2019, ch. 206, § 19 and Laws 2019, ch. 207, § 19.
ANNOTATIONS
Duplicate laws.
— Laws 2019, ch. 206, § 19, effective June 14, 2019, and Laws 2019, ch. 207, § 19, effective June 14, 2019, enacted identical new sections. The section was set out as enacted by Laws 2019, ch. 207, § 16.
See
12-1-8 NMSA 1978.
Applicability.
— Laws 2019, ch. 206, § 29 provided that the provisions of Laws 2019, ch. 207, § 19 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-23.14 - K-12 plus program units; additional program units.

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". Each school district or charter school with a K-12 plus school shall be eligible to receive program units for students in that public school.
B. The number of K-12 plus program units is determined by multiplying the MEM in department-approved K-12 plus schools by the cost differential factor of twelve thousandths and the number of instructional days provided between:
(1) one hundred eighty-one and one hundred ninety instructional days for a public school with a five-day school week; and
(2) one hundred fifty-six and one hundred sixty-five instructional days for a public school with a four-day school week.
C. The number of K-12 plus program units is determined by multiplying the MEM in department-approved K-12 plus schools by the cost differential factor of sixteen thousandths and the number of instructional days provided between:
(1) one hundred ninety-one and two hundred five instructional days for a public school with a five-day school week; and
(2) one hundred sixty-six and one hundred seventy-five instructional days for a public school with a four-day school week.
D. A school district is eligible for the total number of program units calculated in this manner for every K-12 plus school in that school district.
E. No later than October 15 of each year, a school district or charter school that wishes to establish a new K-12 plus school for the next fiscal year shall submit to the department the actual number of students participating in each of its K-12 plus schools in the current year and an estimate of the number of students that the school district or charter school expects will participate in each K-12 plus school in the next year.
F. No later than November 15 of each year, the department shall notify the legislature of the number of students participating in K-12 plus schools in the current school year and the number of students projected to participate in K-12 plus schools in the next school year.
History:
Laws 2023, ch. 19, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 19, § 6 made Laws 2023, ch. 19, § 3 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-25.1 - Additional per unit distribution from public school fund.

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 NMSA 1978. Each year the department shall distribute to each school district an amount determined by the department on a per program unit basis which shall be included within the state equalization guarantee distribution made pursuant to the general appropriation act.
History:
1953 Comp., § 22-8-25.1, enacted by Laws 1985 (1st S.S.), ch. 15, § 17; 1988, ch. 64, § 30.
ANNOTATIONS
Cross references.
— For the public school fund,
see
22-8-14 NMSA 1978.
The 1988 amendment,
effective May 18, 1988, in the second sentence, substituted "department" for "director of the office of education" at the first occurrence of that word, "department" for "director" at the second occurrence, and "included within" for "in addition to".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-28 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 208, § 16 repealed 22-8-28 NMSA 1978, as amended by Laws 1979, ch. 305, § 3, relating to the submission of school bus cost reports, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-29.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999 (1st S.S.), ch. 11, § 6 repealed 22-8-29.2 NMSA 1978, as enacted by Laws 1995, ch. 208, § 11, relating to grouping of districts, calculation of average square miles served per student transported, and calculation of average operational expenditure per student, effective May 21, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-29.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999 (1st S.S.), ch. 11, § 6 repealed 22-8-29.3 NMSA 1978, as enacted by Laws 1995, ch. 208, § 12, relating to the calculation of average operational expenditure per student, effective May 21, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-29.4 - Transportation distribution adjustment factor.

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 22-8-29.1 NMSA 1978 as product A plus product B;
(2) the sum total of product A plus product B in all school districts and state-chartered charter schools added together equals product C; and
(3) subtract product C from the total operational transportation distribution for the current year and divide the result by product C and then add 1 in the following manner: "[(total operational transportation distribution - C) C] + 1". The result is the transportation distribution adjustment factor.
B. As used in this section, "total operational transportation distribution" means the total legislative appropriation for the transportation distribution minus amounts included for capital outlay expenses.
History:
Laws 1995, ch. 208, § 13; 1999 (1st S.S.), ch. 11, § 4; 2006, ch. 94, § 21.
ANNOTATIONS
Cross references.
— For transfer of powers and duties of former state superintendent,
see
9-24-15 NMSA 1978.
For the public education department,
see
9-24-4 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, changed "state superintendent" to "department" in Subsection A; added state-chartered charter schools in Paragraphs (1) and (2) of Subsection A; and added the reference to Section 22-8-29.1 NMSA 1978 in Paragraph (1) of Subsection A.
The 1999 amendment,
effective May 21, 1999, in Subsection A, in Paragraphs (1) and (2), inserted "product A plus product" and "school", and in Paragraphs (2) and (3), inserted "product" preceding "C".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-29.5 - Repealed.

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 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-29.6 - Transportation emergency fund.

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 price increases. The secretary shall make distributions to ensure the safety of students receiving to-and-from transportation services.
B. The secretary shall account for all transportation emergency distributions and shall make full reports to the governor, the legislative education study committee and the legislative finance committee of payments made.
History:
Laws 1995, ch. 208, § 15; 1999 (1st S.S.), ch. 11, § 5; 2014, ch. 23, § 1.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, permitted fuel price increases to be deemed a transportation emergency; and in Subsection A, in the third sentence, after "funding transportation emergencies", added "including fuel price increases", in the fourth sentence, after "The", deleted "state superintendent" and added "secretary", and after "shall make distributions", deleted "only"; and in Subsection B, after "The", deleted "state superintendent" and added "secretary".
The 1999 amendment,
effective May 21, 1999, rewrote this section to the extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-30.1 - Recompiled.

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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-30.2 - Recompiled.

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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-32 - Current school fund; receipts; disposition.

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 other revenue which by law is to be credited to the current school fund.
B. At the end of each month, the state treasurer shall transfer the amount in the common school current fund, also known as the common school income fund, to the current school fund.
C. At the end of each month, after the transfer authorized in Subsection B of this section, the state treasurer shall transfer any unencumbered balance in the current school fund to the public school fund.
History:
1953 Comp., § 77-6-32, enacted by Laws 1967, ch. 16, § 86; 1972, ch. 90, § 2; 1976, ch. 7, § 1.
ANNOTATIONS
Cross references.
— For public school fund generally,
see
22-8-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-33 - Distribution of certain revenue.

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 for public school purposes from the forest reserve funds distributed pursuant to Section 6-11-3 NMSA 1978.
History:
1953 Comp., § 77-6-35, enacted by Laws 1967, ch. 16, § 89; 1969, ch. 180, § 24; 1972, ch. 90, § 3; 1985 (1st S.S.), ch. 15, § 18.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-34 - Federal mineral leasing funds.

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 the New Mexico institute of mining and technology for the bureau of geology and mineral resources;
(3) the distribution made pursuant to Subsection B of this section; and
(4) the distribution made pursuant to Section 3 [9-29A-3 NMSA 1978] of this 2020 act.
B. Money received by the state as its share of a prepayment of royalties pursuant to 30 U.S.C. 1726(b), as that section may be amended or renumbered, shall be distributed as follows:
(1) a portion of the receipts, estimated by the taxation and revenue department to be equal to the amount that the state would have received as its share of royalties in the same fiscal year if the prepayment had not been made, shall be distributed to the public school fund; and
(2) the remainder shall be distributed to the common school permanent fund.
History:
1953 Comp., § 77-6-36, enacted by Laws 1967, ch. 16, § 90; 1974, ch. 8, § 19; 1999, ch. 43, § 1; 1999, ch. 253, § 1; 2001, ch. 246, § 2; 2020, ch. 3, § 7.
ANNOTATIONS
Cross references.
— For the federal Mineral Leasing Act,
see
30 U.S.C.
For public school fund generally,
see
22-8-14 NMSA 1978.
For instructional material fund generally,
see
22-15-5 NMSA 1978 et seq.
For New Mexico institute of mining and technology generally,
see
21-11-1 NMSA 1978 et seq.
The 2020 amendment,
effective July 1, 2020, provided for distributions to the early childhood education and care fund from money received by the state pursuant to the provisions of the federal Mineral Leasing Act; in Subsection A, in the introductory paragraph, deleted "Except for an annual appropriation to the instructional material fund and to the bureau of geology and mineral resources of the New Mexico institute of mining and technology, and except as provided in Subsection B of this section, all other", after "federal Mineral", deleted "Lands", after "Leasing Act", deleted "30 USCA 181, et seq.", and after "public school fund", added "except as follows", and added Paragraphs A(1) through A(4); and in Subsection B, in the introductory paragraph, deleted "All", and after "30 U.S.C. 1726(b)", added "as that section may be amended or renumbered".
The 2001 amendment,
effective June 15, 2001, substituted "bureau of geology" for "bureau of mines" in Subsection A.
The 1999 amendment,
effective June 18, 1999, rewrote the former section.
Law reviews.
— For article, " 'New Mexican Nationalism' and the Evolution of Energy Policy in New Mexico," see 17 Nat. Resources J. 283 (1977).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-35 - Tax anticipation certificates.

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 school district issuing the certificates. The certificates shall not bear interest in excess of six percent a year. The total unpaid certificates outstanding shall not exceed the budget allowance for operating expenses of the school district for a period of ninety days. The certificates shall be paid out of the money first credited thereafter to the operating fund of the school district.
B. For school building construction, repair or both, a local school board with consent of the chief [secretary] may anticipate the collection of taxes for which tax levies have been made for that purpose by issuing and selling certificates of indebtedness. These certificates shall be issued on the faith and credit of the school district issuing the certificates. The certificates shall not bear interest in excess of six percent a year. The certificates shall be paid out of the money first received under the tax levy.
History:
1953 Comp., § 77-6-39, enacted by Laws 1967, ch. 16, § 93.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For transfer of powers of the former chief of public school finance to the state superintendent, and from the state superintendent to the secretary of public education,
see
9-6-3.1 and 9-24-15 NMSA 1978.
For general obligation bonds of school districts,
see
22-18-1 NMSA 1978 et seq.
For school revenue bonds,
see
22-19-1 NMSA 1978 et seq.
For public school emergency capital outlays,
see
22-24-1 NMSA 1978 et seq.
For public school capital improvements,
see
22-25-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-36 - Certification of allocations; fund accounts.

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 and maintain for each school district.
History:
1953 Comp., § 77-6-40, enacted by Laws 1967, ch. 16, § 94.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For transfer of powers of the former chief of public school finance to the state superintendent, and from the state superintendent to the secretary of public education,
see
9-6-3.1 and 9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-37 - Public school funds.

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 treasurer or a board of finance of a school district in funds approved by the division. Disbursements from these funds shall only be made for matured debts by voucher and warrants or checks of the local school board. In no event shall any money be expended or debts incurred except as authorized by the Public School Finance Act. Money for a cafeteria or for an activity fund shall be deposited in a bank, or in a savings and loan association whose deposits are insured by an agency of the United States, or may be deposited in a credit union, as long as the credit union deposit is insured by an agency of the United States, approved by the local school board. The local school board may deposit any cafeteria funds, any activity funds or any other funds in one or more accounts with any such bank or insured savings and loan association in its county, but no local school board, in any official capacity, shall deposit any cafeteria funds, any activity funds or any other funds in any one such savings and loan association the aggregate of which would exceed the amount of federal savings and loan insurance corporation insurance for a single public account. As used in this section, "deposit" includes share, share certificate and share draft.
History:
1953 Comp., § 77-6-41, enacted by Laws 1967, ch. 16, § 95; 1968, ch. 18, § 11; 1975, ch. 157, § 9; 1978, ch. 128, § 7; 1987, ch. 79, § 22.
ANNOTATIONS
Disposition of school revenue.
— If local school board has not been designated a board of finance, the county treasurer is to keep all school revenue. 1967 Op. Att'y Gen. No. 67-144.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-40.1 - Deposit of public school funds; providing exception on 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 of deposit shall not apply to interest-bearing checking accounts.
History:
1978 Comp., § 22-8-40.1, enacted by Laws 1981, ch. 341, § 1.