reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-15 - Collaborative school improvement programs.

A. A local superintendent may approve an individual public school's plan to implement a collaborative school improvement program upon a finding that the plan is in the best interest of the public school and is supported by the participating teaching staff.
B. The input and concerns of parents, students, school employees and members of the community shall be solicited and considered in the development and adoption of a collaborative school improvement program.
C. If necessary for the implementation of a collaborative school improvement program, the local superintendent may apply to the state board [department] for a waiver of Public School Code [Chapter 22 [except Article 5A] NMSA 1978] provisions relating to length of school day, staffing patterns, subject areas or purchase of instructional material. The state board may approve a request for a waiver upon a finding that the local superintendent has demonstrated accountability for student learning through alternative planning and that the participating teaching staff supports the implementation of a collaborative school improvement program. The local superintendent shall provide the state board with a program budget that shows the type and number of students served, the type and number of school employees involved and all expenditures of the waiver.
D. A teacher participating in the development and implementation of a collaborative school improvement program may contact the state board [department] to comment on the local superintendent's waiver request if the teacher communicated his opinion in writing to the local superintendent at the time the local superintendent approved implementation of the program.
History:
1978 Comp., § 22-5-4.6, enacted by Laws 1990, ch. 52, § 3; 1993, ch. 226, § 14; recompiled and amended as § 22-5-15 by Laws 2003, ch. 153, § 26.
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.
The 2003 amendment,
effective April 4, 2003, recompiled former 22-5-4.6 NMSA 1978 as present 22-5-15 NMSA 1978 and substituted "superintendent" for "school board" throughout the section; inserted "public" preceding "school" twice in Subsection A; substituted "employees" for "personnel" following "students, school" near the beginning of Subsection B; and substituted "school employees" for "personnel" following "number of" near the end of Subsection C.
The 1993 amendment,
effective July 1, 1993, in Subsection C, substituted "subject areas or purchase of instructional material" for "or subject areas" at the end of the first sentence and added the second and third sentences.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-16 - Advisory school councils; creation; duties.

A. Each public school shall create an advisory "school council" to assist the school principal with school-based decision-making and to involve parents in their children's education.
B. A school council shall be created and its membership elected in accordance with local school board rule. School council membership shall reflect an equitable balance between school employees and parents and community members. At least one community member shall represent the business community, if such person is available. The school principal may serve as chairman. The school principal shall be an active member of the school council.
C. The school council shall:
(1) work with the school principal and give advice, consistent with state and school district rules and policies, on policies relating to instructional issues and curricula and on the public school's proposed and actual budgets;
(2) develop creative ways to involve parents in the schools;
(3) where appropriate, coordinate with any existing work force development boards or vocational education advisory councils to connect students and school academic programs to business resources and opportunities; and
(4) serve as the champion for students in building community support for schools and encouraging greater community participation in the public schools.
History:
1978 Comp., § 22-5-16, enacted by Laws 2003, ch. 153, § 27.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-17 - Private use of school facilities; policy; insurance.

The local school board of a school district that is not a participant under the Public School Insurance Authority Act [Chapter 22, Article 29 NMSA 1978]:
A. shall, by rule, establish a policy to be followed relating to the use of volunteers. The policy shall be distributed to each school in the district and posted upon the school district's web site;
B. shall, by rule, establish a policy to be followed relating to the use of school facilities by private persons. The policy shall be distributed to each school in the district and posted upon the school district's web site; and
C. may insure, by negotiated policy, self-insurance or any combination thereof, against claims of bodily injury, personal injury or property damage related to the use of school facilities by private persons; provided that the coverage shall be for no more than one million dollars ($1,000,000) for each occurrence.
History:
Laws 2009, ch. 198, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 198, § 3 made Laws 2009, ch. 198, § 2 effective July 1, 2010.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-18 - Local school board authority over who may carry a firearm on school premises.

Only a local school board has the authority to authorize school security personnel to carry a firearm on any public school premises or other school district property. The decision shall be made in an open meeting and shall be formalized as a policy of the board.
History:
Laws 2019, ch. 189, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 189, § 5 made Laws 2019, ch. 189 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5A - School Alcohol-Free Zone › Section 22-5A-1 - Short title.

This act [22-5A-1 to 22-5A-5 NMSA 1978] may be cited as the "School Alcohol-Free Zone Act".
History:
Laws 2005, ch. 249, § 1.
ANNOTATIONS
Compiler's note.
— The School Alcohol-Free Zone Act is not part of the Public School Code. It has been compiled as part of the Public School Code for the convenience of the user.
Effective dates.
— Laws 2005, ch. 249 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5A - School Alcohol-Free Zone › Section 22-5A-2 - Definitions.

As used in the School Alcohol-Free Zone Act:
A. "alcoholic beverage" means a beverage with no less than one-half percent alcohol and includes wine, beer, fermented, distilled, rectified and fortified beverages; and
B. "school grounds" means public elementary and secondary schools, including charter schools and facilities owned or leased by the school district in or on which public school-related and sanctioned activities are performed, but does not include other commercial properties owned by a school district but not related to the functions of a public school. "School grounds" includes the buildings, playing fields, parking lots and other facilities located on a school's premises.
History:
Laws 2005, ch. 249, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 249 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5A - School Alcohol-Free Zone › Section 22-5A-3 - Alcoholic beverages prohibited on public school grounds.

It is unlawful to possess or consume alcoholic beverages on public school grounds.
History:
Laws 2005, ch. 249, § 3.
ANNOTATIONS
Cross references.
— For school employees reporting drug and alcohol abuse,
see
22-5-4.4 NMSA 1978.
Effective dates.
— Laws 2005, ch. 249 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5A - School Alcohol-Free Zone › Section 22-5A-4 - Notices required.

A school shall conspicuously post notices on school grounds stating that possession and consumption of alcoholic beverages is prohibited on school grounds.
History:
Laws 2005, ch. 249, § 4.
ANNOTATIONS
Cross references.
— For school employees reporting drug and alcohol abuse,
see
22-5-4.4 NMSA 1978.
Effective dates.
— Laws 2005, ch. 249 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5A - School Alcohol-Free Zone › Section 22-5A-5 - Penalties.

A. A person convicted of consumption or possession of an alcoholic beverage on school property for the first offense is guilty of a petty misdemeanor and subject to a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) and may be ordered to perform community service.
B. A person convicted of consumption or possession of an alcoholic beverage on school property for the second or a subsequent offense is guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500) or imprisonment for a definite term not to exceed six months, or both.
History:
Laws 2005, ch. 249, § 5.
ANNOTATIONS
Cross references.
— For school employees reporting drug and alcohol abuse,
see
22-5-4.4 NMSA 1978.
For penalty for possession of drugs in a posted drug-free zone,
see
30-31-23 NMSA 1978.
Effective dates.
— Laws 2005, ch. 249 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-1 NMSA 1978, relating to regular and special school district elections, precincts and polling places, effective June 14, 1985. For present comparable provisions,
see
1-22-3 to 1-22-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-2 NMSA 1978, relating to regular and special school district elections, precincts and polling places, effective June 14, 1985. For present comparable provisions,
see
1-22-3 to 1-22-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-3 NMSA 1978, relating to regular and special school district elections, precincts and polling places, effective June 14, 1985. For present comparable provisions,
see
1-22-3 to 1-22-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-4 NMSA 1978, relating to regular and special school district elections, precincts and polling places, effective June 14, 1985. For present comparable provisions,
see
1-22-3 to 1-22-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 226, § 54 repealed 22-6-5 NMSA 1978, relating to qualifications for a candidate for membership on a local school board, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-6 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-7 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-8 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-9 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-10 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-11 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-12 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-13 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-14 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-15 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-16 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-17 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-18 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-19 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-20 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-21 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-22 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-23 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-24 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-25 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-26 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-27 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-28 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-28 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-29 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-30 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-30 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-31 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-31 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-32 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-32 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-33 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-33 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 6 - School District Elections (Repealed.) › Section 22-6-34 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 168, § 22 repealed 22-6-34 NMSA 1978, relating to the candidacy for membership on a local school board, duties of the election officials and absentee voting, effective June 16, 1985. For present comparable sections,
see
1-22-7 to 1-22-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-1 - Recompiled.

History:
1953 Comp., § 77-4A-1, enacted by Laws 1977, ch. 308, § 1; 2018, ch. 79, § 89; 1978 Comp., § 22-7-1, recompiled and amended as § 1-25-1 by Laws 2019, ch. 212, § 159.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 159 recompiled and amended former 22-7-1 NMSA 1978 as 1-25-1 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-2 - Repealed.

History:
1953 Comp., § 77-4A-2, enacted by Laws 1977, ch. 308, § 2; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 22-7-2 NMSA 1978, as enacted by Laws 1977, ch. 308, § 2, relating to purpose of act, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-3 - Recompiled.

History:
1953 Comp., § 77-4A-6, enacted by Laws 1977, ch. 308, § 3; 1985, ch. 169, § 1; 1978 Comp., § 22-7-3, recompiled and amended as § 1-25-2 Laws 2019, ch. 212, § 160.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, 160 recompiled and amended former 22-7-3 NMSA 1978 as 1-25-2 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-4 - Recompiled.

History:
1953 Comp., § 77-4A-4, enacted by Laws 1977, ch. 308, § 4; 1978 Comp., §22-7-4, recompiled and amended as § 1-25-3 Laws 2019, ch. 212, § 161.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 161 recompiled and amended former 22-7-4 NMSA 1978 as 1-25-3 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-5 - Recompiled.

History:
1953 Comp., § 77-4A-5, enacted by Laws 1977, ch. 308, § 5; 1985, ch. 169, § 2; 1978 Comp., §22-7-5, recompiled and amended as § 1-25-12 by Laws 2019, ch. 212, § 170.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 170 recompiled and amended former 22-7-5 NMSA 1978 as 1-25-12 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-6 - Recompiled.

History:
1953 Comp., § 77-4A-6, enacted by Laws 1977, ch. 308, § 6; 1993, ch. 226, § 17; 1978 Comp., § 22-7-6, recompiled and amended as § 1-25-4 by Laws 2019, ch. 212, § 162.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 162 recompiled and amended former 22-7-6 NMSA 1978 as 1-25-4 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-7 - Recompiled.

History:
1953 Comp., § 77-4A-7, enacted by Laws 1977, ch. 308, § 7; 1985, ch. 169, § 3; 1978 Comp., § 22-7-7, recompiled and amended as § 1-25-8 by Laws 2019, ch. 212, § 166.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 166 recompiled and amended former 22-7-7 NMSA 1978 as 1-25-8 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-8 - Recompiled.

History:
1953 Comp., § 77-4A-8, enacted by Laws 1977, ch. 308, § 8; 1985, ch. 169, § 4; 1978 Comp., § 22-7-8, recompiled and amended as § 1-25-5 by Laws 2019, ch. 212, § 163.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 163 recompiled and amended former 22-7-8 NMSA 1978 as 1-25-5 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-9 - Recompiled.

History:
1953 Comp., § 77-4A-9, enacted by Laws 1977, ch. 308, § 9; 1979, ch. 277, § 1; 1985, ch. 169, § 5; 1987, ch. 142, § 1; 1978 Comp., § 22-7-9, recompiled and amended as § 1-25-7 by Laws 2019, ch. 212, § 165.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 165 recompiled and amended former 22-7-9 NMSA 1978 as 1-25-7 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-9.1 - Recompiled.

History:
1978, Comp., § 22-7-9.1, enacted by Laws 1987, ch. 142, § 2; recompiled and amended as § 1-25-6 by Laws 2019, ch. 212, § 164.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 164 recompiled and amended former 22-7-9.1 NMSA 1978 as 1-25-6 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-10 - Recompiled.

History:
1953 Comp., § 77-4A-10, enacted by Laws 1977, ch. 308, § 10; 1985, ch. 169, § 6; 1978 Comp., § 22-7-10, recompiled and amended as § 1-25-9 by Laws 2019, ch. 212, § 167.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 167 recompiled and amended former 22-7-10 NMSA 1978 as 1-25-9 NMSA 1978 effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 277, § 4 repealed 22-7-11 NMSA 1978, relating to duties of the attorney general in relation to a petition for a recall of a local school board member.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-12 - Recompiled.

History:
1953 Comp., § 77-4A-12, enacted by Laws 1977, ch. 308, § 12; 1979, ch. 277, § 2; 1985, ch. 169, § 7; 1978 Comp., § 22-7-12, recompiled and amended as § 1-25-10 by Laws 2019, ch. 212, § 168.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 168 recompiled and amended former 22-7-12 NMSA 1978 as 1-25-10 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-13 - Recompiled.

History:
1953 Comp., § 77-4A-13, enacted by Laws 1977, ch. 308, § 13; 1979, ch. 277, § 3; 1985, ch. 169, § 8; 1993, ch. 226, § 18; 2015, ch. 145, § 98; 2018, ch. 79, § 90; 1978 Comp., § 22-7-13, recompiled and amended as § 1-25-11 by Laws 2019, ch. 212, § 169.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 169 recompiled and amended former 22-7-13 NMSA 1978 as 1-25-11 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-14 - Recompiled.

History:
1953 Comp., § 77-4A-14, enacted by Laws 1977, ch. 308, § 14; 1978 Comp., § 22-7-14, recompiled and amended as § 1-25-13 by Laws 2019, ch. 212, § 171.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 212, § 171 recompiled and amended former 22-7-14 NMSA 1978 as 1-25-13 NMSA 1978, effective April 3, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-15 - Repealed.

History:
1953 Comp., § 77-4A-15, enacted by Laws 1977, ch. 308, § 15; 1985, ch. 169, § 9; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 22-7-15 NMSA 1978, as enacted by Laws 1977, ch. 308, § 15, relating to mandamus, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 7 - Local School Board Member Recall (Repealed, Recompiled.) › Section 22-7-16 - Repealed.

History:
1953 Comp., § 77-4A-16, enacted by Laws 1977, ch. 308, § 16; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 22-7-16 NMSA 1978, as enacted by Laws 1977, ch. 308, § 16, relating to penalties, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-1 - Short title.

Chapter 22, Article 8 NMSA 1978 may be cited as the "Public School Finance Act".
History:
1953 Comp., § 77-6-1, enacted by Laws 1967, ch. 16, § 55; 2003, ch. 153, § 28.
ANNOTATIONS
Cross references.
— 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 outlay,
see
22-24-1 NMSA 1978 et seq.
For public school capital improvements,
see
22-25-1 NMSA 1978 et seq.
The 2003 amendment,
effective April 4, 2003, substituted "Chapter 22, Article 8 NMSA 1978" for "Sections 22-8-1 through 22-8-42 NMSA 1978" at the beginning of the section.
No contractual right to free public education.
— The right and privilege to a free public education does not give rise to a contractual relationship for which an individual may sue for breach of contract.
Rubio v. Carlsbad Mun. Sch. Dist.
, 1987-NMCA-127, 106 N.M. 446, 744 P.2d 919.
Education of nonresidents without taking state allotment unconstitutional donation.
— To the extent that a local school district would undertake the total burden of educating nonresident students without benefit of state allotment as dispensed on the basis of average daily membership, the school district would still be making a donation in aid of those students in violation of N.M. Const., art. IX, § 14. 1978 Op. Att'y Gen. No. 78-14.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-3 - Office of education abolished; functions transferred.

The office of education in the department of finance and administration is abolished. On the effective date of this act, all powers and duties provided by law for the office of education are transferred to the state department of public education [public education department].
History:
1978 Comp., § 22-8-3, enacted by Laws 1988, ch. 64, § 14.
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.
Repeals and reenactments.
— Laws 1988, ch. 64, § 14 repealed former 22-8-3 NMSA 1978, relating to creation of the office of education, as amended by Laws 1983, ch. 301, § 69 and enacted the above section, effective May 18, 1988.
Compiler's notes.
— The phrase "effective date of this act" means May 18, 1988, the effective date of Laws 1988, Chapter 64.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-4 - Department; duties.

In addition to other duties provided by law, the department shall:
A. prescribe the forms for and supervise and control the preparation of all budgets of all public schools and school districts; and
B. compile accurate information concerning public school finance and administration.
History:
1953 Comp., § 77-6-4, enacted by Laws 1967, ch. 16, § 58; 1969, ch. 180, § 4; 1974, ch. 8, § 2; 1978, ch. 127, § 2; 1979, ch. 305, § 1; 1988, ch. 64, § 15.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, substituted "Department" for "Public school finance division" in the catchline; substituted "department" for "division" in the introductory paragraph; deleted Subsection C, regarding advising and consulting with the state superintendent in regard to financial matters, and made a related change.
Discretionary substantive line item allocations.
— Supervision or control does not include grant of power to division or chief (now director) to make discretionary substantive line item allocations in estimated budgets. 1975 Op. Att'y Gen. No. 75-30.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-5.1 - Procurement, travel and gas cards.

A. The department shall promulgate rules governing the use of procurement, travel and gas cards by school districts and charter schools. At a minimum, the rules shall require local school boards and governing bodies to adopt policies for the use of procurement, travel or gas cards, including placing limits on the amount and types of purchases that may be made on such cards and procedures to monitor, control and report expenditures.
B. 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, § 2.
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 22-8-7 - Manner of budget submission.

All budgets submitted by a school district, locally chartered charter school or state-chartered charter school shall be in a manner specified by the department.
History:
1953 Comp., § 77-6-7, enacted by Laws 1967, ch. 16, § 61; 1969, ch. 180, § 5; 1999, ch. 291, § 3; 2006, ch. 94, § 4; 2015, ch. 108, § 5.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided that charter schools must submit budgets in a manner specified by the public education department; in the catchline, after the section number, deleted "Budgets; form" and added "Manner of budget submission"; and at the beginning of the section, after "submitted", deleted "to the department", after "school district,", added "locally chartered charter school", and after "shall be in a", deleted "form" and added "manner".
The 2006 amendment,
effective July 1, 2007, added state-chartered charter schools.
The 1999 amendment,
effective April 8, 1999, substituted "department" for "division" and for "manual of accounting and budgeting of the division".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-7.1 - Certain school district budgets.

A. The local school board of a school district with a total MEM of greater than thirty thousand shall develop a school-based budgeting plan for all schools in the district for presentation to the legislative education study committee by October 15, 1993. The plan shall describe the means by which teachers, parents and administrators will participate in the development of school-based budgets.
B. In those school districts with a total MEM of greater than thirty thousand each individual school may voluntarily submit to the local school board a school-based budget based upon the projected total MEM at that school and the projected number of program units generated by students at that school. If an individual school submits such a budget, the local school board may include it in the budget submission to the department required pursuant to the Public School Finance Act.
History:
Laws 1993, ch. 224, § 1.
ANNOTATIONS
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-8 - Budgets; minimum student membership.

Without prior approval of the state superintendent [secretary], no local school board shall maintain or provide a budget allowance for a public school having an average daily membership of less than eight.
History:
1953 Comp., § 77-6-8, enacted by Laws 1967, ch. 16, § 62; 1988, ch. 64, § 18.
ANNOTATIONS
Cross references.
— For transfer of powers and duties of the former state superintendent,
see
9-24-15 NMSA 1978.
The 1988 amendment,
effective May 18, 1988, substituted "state superintendent" for "chief".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-10 - Budgets; fixing the operating budget.

A. Prior to June 20 of each year, each local school board and each governing board of a charter school shall, at a public hearing of which notice has been published by the local school board or governing board of a charter school, fix the operating budget for the school district or charter school for the ensuing fiscal year. At the discretion of the secretary or the local school board or governing body of a charter school, the department may participate in the public hearing.
B. Prior to the public hearing held to fix the operating budget for the school district or charter school, the local school board or governing body of a charter school shall give notice to parents explaining the budget process and inviting parental involvement and input in that process prior to the date for the public hearing. The educational plan submitted by the local school board or the governing body of a charter school to the department shall include information on parental involvement and input.
History:
1953 Comp., § 77-6-11, enacted by Laws 1967, ch. 16, § 65; 1988, ch. 64, § 20; 1989, ch. 225, § 1; 1993, ch. 41, § 1; 1999, ch. 291, § 4; 2019, ch. 206, § 11; 2019, ch. 207, § 11.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided that the educational plan submitted to the public education department by the local school board or the governing body of a charter school shall include information on parental involvement and input, and made certain technical amendments; in Subsection A, after "each local school board", added "and each governing board of a charter school", after "by the local school board", added "or governing board of a charter school", after "school district", added "or charter school", and after "or the local school board", added "or governing body of a charter school"; and in Subsection B, after "school district", added "or charter school", after "local school board", added "or governing body of a charter school", and added the last sentence.
Laws 2019, ch. 206, § 11, and Laws 2019, ch. 207, § 11, both effective June 14, 2019, enacted identical amendments to this section. The section was set out as amended by Laws 2019, ch. 207, § 11.
See
Section 12-1-8 NMSA 1978.
Applicability.
— Laws 2019, ch. 206, § 29 and Laws 2019, ch. 207, § 29, provided that the provisions of §§ 2 through 19 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.
The 1999 amendment,
effective April 8, 1999, substituted "operating budget" for "estimated budget" throughout the section.
The 1993 amendment,
effective March 17, 1993, designated the formerly undesignated provisions as Subsection A and added Subsection B.
The 1989 amendment,
effective June 16, 1989, deleted "and the department" preceding "shall" in the first sentence, and added the second sentence.
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 22-8-12.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 291, § 8 repealed 22-8-12.2 NMSA 1978, as enacted by Laws 1978, ch. 149, § 1, relating to budgets, earnings from investments and operational funds for local school boards, effective April 8, 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 22-8-12.3 - Local school board finance subcommittee; audit committee; membership; duties.

A. As used in this section, "local school board" includes the governing authority of a charter school.
B. Each local school board shall appoint at least two members of the board as a finance subcommittee to assist the board in carrying out its budget and finance duties.
C. The finance subcommittee shall:
(1) make recommendations to the local school board in the following areas:
(a) financial planning, including reviews of the school district's revenue and expenditure projections;
(b) review of financial statements and periodic monitoring of revenues and expenses;
(c) annual budget preparation and oversight; and
(d) procurement; and
(2) serve as an external monitoring committee on budget and other financial matters.
D. Except as otherwise provided in this section, each local school board shall appoint an audit committee that consists of two board members, one volunteer member who is a parent of a student attending that school district and one volunteer member who has experience in accounting or financial matters. The superintendent and the school district business manager shall serve as ex-officio members of the committee. A local school board with more than five members may appoint more than two board members to its audit committee. The audit committee shall:
(1) evaluate the request for proposal for annual financial audit services;
(2) recommend the selection of the financial auditor;
(3) attend the entrance and exit conferences for annual and special audits;
(4) meet with external financial auditors at least monthly after audit field work begins until the conclusion of the audit;
(5) be accessible to the external financial auditors as requested to facilitate communication with the board and the superintendent;
(6) track and report progress on the status of the most recent audit findings and advise the local school board on policy changes needed to address audit findings;
(7) provide other advice and assistance as requested by the local school board; and
(8) be subject to the same requirements regarding the confidentiality of audit information as those imposed upon the local school board by the Audit Act [12-6-1 through 12-6-14 NMSA 1978] and rules of the state auditor.
History:
Laws 2010, ch. 115, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 115 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.