2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.4 - Recalcitrant school districts; court action to enforce constitutional compliance; imposition of property tax.

A. The council may bring an action against a school district pursuant to the provisions of this section if, based upon information submitted to the council by the authority, the council determines that:
(1) the physical condition of a public school facility in the school district is so inadequate that the facility or the education received by students attending the facility is below the minimum required by the constitution of New Mexico;
(2) the school district is not taking the necessary steps to bring the facility up to the constitutionally required minimum; and
(3) either:
(a) the school district has not applied for the grant assistance necessary to bring the facility up to minimum constitutional standards; or
(b) the school district is unwilling to meet all of the requirements for the approval of an application for grant assistance pursuant to Paragraph (11) of Subsection B of Section 22-24-5 NMSA 1978.
B. An action brought pursuant to this section shall be brought by the council in the name of the state against the school district in the district court for Santa Fe county.
C. After a hearing and consideration of the evidence, if the court finds that the council's determination pursuant to Subsection A of this section was correct, the court shall:
(1) order the council to expend sufficient resources necessary to bring the facility up to the minimum level required by the constitution of New Mexico;
(2) order the school district to comply with Paragraph (11) of Subsection B of Section 22-24-5 NMSA 1978 and to take all other actions necessary to facilitate the completion of the project ordered pursuant to Paragraph (1) of this subsection; and
(3) enter a judgment against the school district for court costs and attorney fees and the necessary amount to satisfy the school district share, as determined by the formula prescribed by Subsection B of Section 22-24-5 NMSA 1978, for the project ordered pursuant to Paragraph (1) of this subsection.
D. The amount of a judgment entered against a school district pursuant to Paragraph (3) of Subsection C of this section is a public debt of the school district. If the court finds that the debt cannot be satisfied with available school district funds, other than funds needed for the operation of the public schools and other existing obligations, the court shall order the imposition of a property tax on all taxable property allocated to the school district at a rate sufficient to pay the judgment, with accrued interest, within a reasonable time as determined by the court. After paying court costs and attorney fees, amounts received pursuant to this subsection shall be deposited by the council into the fund.
History:
Laws 2004, ch. 125, § 10; 2008, ch. 90, § 3; 2019, ch. 180, § 6; 2023, ch. 98, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, effective July 1, 2023, changed "(13)" to "(11) "throughout the section.
The 2019 amendment,
effective July 1, 2019, in Subsection A, deleted "public school facilities" preceding "authority"; and in Subsection C, Paragraph C(2), after "Paragraph", deleted "(10) and added "(13)".
The 2008 amendment,
effective May 14, 2008, changed the reference from Paragraph (9) to Paragraph (10) of Subsection B of Section 22-24-5 NMSA 1978 in Subparagraph (b) of Paragraph (3) of Subsection A and in Paragraph (2) of Subsection C.