reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-42 - Violation of act; penalties.

A. Any person violating any provision of the Public School Finance Act is guilty of a petty misdemeanor.
B. Any person diverting or expending any public school money contrary to the approved budget is, in addition to being subject to any other civil or criminal action, liable along with his sureties to the state for the amount diverted or expended.
C. Any person diverting any public school funds from the purpose for which the funds were raised or acquired, or embezzling public school funds, shall be removed from office by the court imposing the criminal penalty.
D. Any person falsifying any record, account or report required to be kept or filed pursuant to the Public School Finance Act or knowingly using any money budgeted or appropriated for public school use or for any other purposes than that provided in the appropriation or budget is guilty of a petty misdemeanor and shall, in addition to all other civil or criminal penalties, forfeit his office or employment.
E. Legal proceedings for violation of the Public School Finance Act shall be instituted by the state superintendent [secretary].
F. A certified school instructor or certified school administrator guilty of any of the violations provided by this section shall, upon conviction, have his certificate revoked by the state board [department].
G. Nothing in this section shall be interpreted to prevent the enforcement of any provision of the Public School Finance Act by means of mandamus or injunction.
History:
1953 Comp., § 77-6-46, enacted by Laws 1967, ch. 16, § 100; 1977, ch. 247, § 204; 1988, ch. 64, § 38.
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 1988 amendment,
effective May 18, 1988, substituted "state superintendent" for "secretary of finance and administration" in Subsection E, and, in Subsection F, inserted "certified school" and substituted "revoked" for "cancelled".
One need not be found guilty of felony to forfeit and be disqualified from office
under the New Mexico constitution and Subsection D of this section.
State ex rel. Martinez v. Padilla
, 1980-NMSC-064, 94 N.M. 431, 612 P.2d 223.
Forfeiture of office required for approval of violative expenditures.
— Sale of gasoline to school district vehicles by school board member, purchase of airplane ticket for board member's wife and payment to board member and board member's wife for services not rendered are each a violation of this section and require the forfeiture of office of those members who approved the expenditures.
State ex rel. Martinez v. Padilla
, 1980-NMSC-064, 94 N.M. 431, 612 P.2d 223.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-43 - Public school reading proficiency fund; created.

The "public school reading proficiency fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants and donations. The fund shall be administered by the department, and money in the fund is appropriated to the department to distribute awards to public middle, junior and senior high schools that implement innovative, scientifically based reading programs. The department shall develop procedures and rules for the application and award of money from the fund, including criteria upon which to evaluate innovative, scientifically based reading programs. Public schools receiving funds shall show evidence that they are using quality, scientifically based reading research to improve reading proficiency and shall develop individualized reading plans for students who fail to meet grade level reading proficiency standards. Disbursements of the fund shall be made by warrant of the department of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert but shall remain to the credit of the fund.
History:
Laws 2000 (2nd S.S.), ch. 14, § 2; 2001, ch. 289, § 2; 1978 Comp., § 22-2-6.12, amended and recompiled as § 22-8-43 by Laws 2003, ch. 153, § 30; 2007, ch. 307, § 5; 2007, ch. 308, § 5.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 30 recompiled former 22-2-6.12 NMSA 1978 as 22-8-43 NMSA 1978, effective April 4, 2003.
Cross references.
— For transfer of powers and duties of the state superintendent to the secretary of public education,
see
9-24-15 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, authorized the use of the fund for awards to middle, junior and senior high schools. Laws 2007, ch. 307, § 5 and Laws 2007, ch. 308, § 5 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 308, § 5.
See
12-1-8 NMSA 1978.
The 2003 amendment,
effective April 4, 2003, deleted "of education" following "department" twice; substituted "public" for "local" preceding "schools" near the middle of the section; substituted "scientifically based" for "research-based" three times; and substituted "research" for "programs" following "reading" near the middle of the fifth sentence.
The 2001 amendment,
effective June 15, 2001, substituted "department of education" for "state department of public education" in two places; added the fifth sentence; and substituted "state superintendent" for "superintendent of public instruction" in the sixth sentence.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-44 - Educator licensure fund; distribution; appropriation.

A. The "educator licensure fund" is created in the state treasury and shall be administered by the department. The fund shall consist of money collected from application fees for licensure or for renewal of licensure by the department.
B. Subject to legislative appropriation, money in the fund is appropriated to the department for the following purposes:
(1) to fund the educator background check program;
(2) to enforce educator ethics requirements; and
(3) to process applications for licensure or for renewal of licensure, including review of professional development dossiers.
C. Money in the fund and any interest that may accrue to the fund shall not revert at the end of the fiscal year but shall remain to the credit of the fund.
History:
Laws 1997, ch. 238, § 6; 1978 Comp., § 22-10-4.1, recompiled and amended as § 22-8-44 by Laws 2003, ch. 153, § 31; 2009, ch. 63, § 1.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 31 recompiled former 22-10-4.1 NMSA 1978 as 22-8-44 NMSA 1978, effective April 4, 2003.
The 2009 amendment,
effective July 1, 2009, in Subsection A, changed "state board" to "department"; in Subsection B, added "Subject to legislative appropriation" and "for the following purposes"; and added Paragraphs (2) and (3) of Subsection B.
The 2003 amendment,
effective April 4, 2003, substituted "licensure" for "certification" in the catchline; in Subsection A, substituted "licensure" for "certification" three times, deleted "state" preceding "department" near the end of the first sentence, and deleted "of public education" at the end of the first sentence; and in Subsection B, deleted "state" preceding "department" near the beginning and substituted "to fund" for "of public education for the purpose of funding" near the middle.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-45 - Teacher professional development fund.

A. The "teacher professional development fund" is created in the state treasury to provide funding for professional development programs and projects for public school teachers. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the department of education [public education department] and money in the fund is appropriated to the department to carry out the purposes of the fund.
B. The department of education [public education department] shall evaluate the success of each professional development program or project funded and report its findings to the legislative education study committee each year.
History:
Laws 2003, ch. 157, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-45.1 - Beginning teacher mentorship fund; created.

The "beginning teacher mentorship fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund is subject to appropriation by the legislature to provide funding to school districts and charter schools for their beginning teacher mentorship programs. The fund shall be administered by the public education department, and expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative.
History:
Laws 2020, ch. 24, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 24 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-46 - Repealed.

History:
Laws 2005, ch. 49, §1; 2006, ch. 56, § 1; repealed by Laws 2018, ch. 55, § 8.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 55, § 8 repealed 22-8-46 NMSA 1978, as enacted by Laws 2005, ch. 49, §1, relating to funding formula study task force created, membership, duties, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-47 - New Mexico government education fund.

A. The "New Mexico government education fund" is created in the state treasury.
B. The New Mexico government education fund shall consist of appropriations by the legislature, gifts, grants and donations.
C. The New Mexico government education fund shall be administered by the department. Money in the fund is appropriated to the department to contract for annual, week-long, high school civics courses focusing on New Mexico state government for boys and girls to be held at varying post-secondary educational institutions in New Mexico.
D. Disbursements from the New Mexico government education fund shall be made by warrant of the department of finance and administration pursuant to vouchers signed by the secretary.
E. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert but shall remain to the credit of the New Mexico government education fund.
History:
Laws 2005, ch. 207, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 207 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 8 - Public School Finance › Section 22-8-48 - New school development fund; distribution.

A. The "new school development fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the department for the purposes of making distributions pursuant to Subsection B of this section. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary.
B. Upon application to the department by a school district and subject to the availability of funds, the department may approve a distribution to the school district from the new school development fund to supplement district funds needed to pay for supplies, equipment and operating costs unique to the first year of operation of a new school, provided that the department shall not approve a distribution unless it determines that there are no other reasonably available federal, private or other public sources for the needed funding.
History:
1978 Comp. § 22-24-11, as enacted by Laws 2006, ch. 95, § 3; recompiled as § 22-8-48 by Laws 2007, ch. 366, § 25.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 366, § 25 recompiled former 22-24-11 NMSA 1978 as 22-8-48 NMSA 1978, effective July 1, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8 - Public School Finance › Section 22-8-49 - Teacher cost index; licensure-experience factor; report.

A. The teacher cost index for each school district or charter school shall be calculated in accordance with instructions issued by the department. The teacher cost index for a school district in its first year of operations is 1.0. The teacher cost index for a school district or charter school in its second or subsequent year of operations is the greater of 1.0 or the average of the licensure-experience factors of all full-time-equivalent teachers on the school district's or charter school's payroll in October of that year who are assigned classroom teaching responsibilities. The licensure-experience factor of a teacher corresponds to the teacher's licensure level and years of experience and is as follows:
Licensure
Level
Years of Experience
0 to 2
3 to 5
6 to 8
9 to 15
Over 15
1
0.755
0.785
0.800
2
0.994
1.023
1.050
1.123
3
1.184
1.208
1.277.
B. Beginning in 2021, the department, legislative education study committee staff and legislative finance committee staff shall jointly prepare and submit a report by November 1 of each year to the governor, the legislative education study committee and the legislative finance committee that includes:
(1) data on the relationship of licensure-experience factors to actual teacher costs;
(2) an analysis of the relationships among a teacher's licensure level, educational attainment, years of experience and salary; and
(3) recommended changes, if any, to this section of the Public School Finance Act.
C. As used in this section:
(1) "licensure level" is the teaching licensure level as defined in the School Personnel Act [Chapter 22, Article 10A NMSA 1978]; and
(2) "years of experience" is as defined by department rule.
History:
Laws 2018, ch. 55, § 5.
ANNOTATIONS
Effective date.
— Laws 2018, ch. 55, § 9 made Laws 2018, ch. 55, § 5 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-1 NMSA 1978, as enacted by Laws 1993, ch. 227, § 1, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-2 NMSA 1978, as enacted by Laws 1993, ch. 227, § 2, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-3 NMSA 1978, as enacted by Laws 1993, ch. 227, § 3, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-4 NMSA 1978, as enacted by Laws 1993, ch. 227, § 4, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-5 NMSA 1978, as enacted by Laws 1993, ch. 227, § 5, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-6 NMSA 1978, as enacted by Laws 1993, ch. 227, § 6, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8A - Charter Schools (Repealed.) › Section 22-8A-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 281, § 25 repealed 22-8A-7 NMSA 1978, as enacted by Laws 1993, ch. 227, § 7, relating to charter schools, effective June 18, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-8B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-1 - Short title.

Chapter 22, Article 8B NMSA 1978 may be cited as the "Charter Schools Act".
History:
Laws 1999, ch. 281, § 1; 2005, ch. 221, § 1; 2006, ch. 94, § 26.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, changed "1999 Charter Schools Act" to "Charter Schools Act".
The 2005 amendment,
effective July 1, 2005, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-3 - Purpose.

The Charter Schools Act is enacted to enable individual schools to structure their educational curriculum to encourage the use of different and innovative teaching methods that are based on reliable research and effective practices or have been replicated successfully in schools with diverse characteristics; to allow the development of different and innovative forms of measuring student learning and achievement; to address the needs of all students, including those determined to be at risk; to create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; to improve student achievement; to provide parents and students with an educational alternative to create new, innovative and more flexible ways of educating children within the public school system; to encourage parental and community involvement in the public school system; to develop and use site-based budgeting; and to hold charter schools accountable for meeting the department's educational standards and fiscal requirements.
History:
Laws 1999, ch. 281, § 3; 2006, ch. 94, § 28.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, changed "restructure" to "structure"; changed "state board" to "department" and deleted the requirement that charter schools meet minimum educational standards and financial requirements.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-4.1 - Charter schools' enrollment procedures.

A. Start-up schools and conversion schools are subject to the following enrollment procedures:
(1) a start-up school may either enroll students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the start-up school; and
(2) a conversion school shall give enrollment preference to students who are enrolled in the public school at the time it is converted into a charter school and to siblings of students admitted to or attending the charter school. The conversion school may either enroll all other students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the conversion school.
B. In subsequent years of its operation, a charter school shall give enrollment preference to:
(1) students who have been admitted to the charter school through an appropriate admission process and remain in attendance through subsequent grades;
(2) children of employees employed by the charter school; and
(3) siblings of students already admitted to or attending the same charter school.
History:
1978 Comp., § 22-8B-4.1, enacted by Laws 2000, ch. 82, § 3; 2021, ch. 28, § 1; 2023, ch. 33, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, left the provisions of this section unamended.
The 2021 amendment,
effective July 1, 2021, provided an enrollment preference for students whose parents are employees of the charter school; and in Subsection B, added new Paragraph B(2) and redesignated former Paragraph B(2) as Paragraph B(3).
Applicability.
— Laws 2021, ch. 28, § 2 provided that the provisions of Laws 2021, ch. 28, § 1 apply to the 2021-2022 school year and subsequent school years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-5 - Charter schools; status; local school board authority.

A. The local school board may waive only locally imposed school district requirements for locally chartered charter schools.
B. A state-chartered charter school is exempt from school district requirements. A state-chartered charter school is responsible for developing its own written policies and procedures in accordance with this section.
C. The department shall waive requirements or rules and provisions of the Public School Code [Chapter 22 [except Article 5A] NMSA 1978] pertaining to individual class load, teaching load, length of the school day, staffing patterns, subject areas, purchase of instructional material, evaluation standards for school personnel, school principal duties and driver education. The department may waive requirements or rules and provisions of the Public School Code pertaining to graduation requirements. Any waivers granted pursuant to this section shall be for the term of the charter granted but may be suspended or revoked earlier by the department.
D. A charter school shall be a public school accredited by the department and shall be accountable to the chartering authority for purposes of ensuring compliance with applicable laws, rules and charter provisions.
E. A local school board shall not require any employee of the school district to be employed in a charter school.
F. A local school board shall not require any student residing within the geographic boundary of its district to enroll in a charter school.
G. A student who is suspended or expelled from a charter school shall be deemed to be suspended or expelled from the school district in which the student resides.
History:
Laws 1999, ch. 281, § 5; 2006, ch. 94, § 32.
ANNOTATIONS
Cross references.
— For the Public School Capital Outlay Council,
see
22-24-6 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, provided in Subsection A for waiver of requirements for locally chartered charter schools; deleted former Subsection B; added a new Subsection B to provide that a state-chartered charter schools is exempt form school district requirements and is responsible for developing policies and procedures; and in Subsection C (formerly Subsection B), provided that the department shall waive requirements for class load, teaching load, length of school day, staffing, subject areas and instructional material.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-5.1 - Governing body training.

The department shall develop a mandatory training course for all governing body members that explains department rules, policies and procedures, statutory powers and duties of governing boards, legal concepts pertaining to public schools, finance and budget and other matters deemed relevant by the department. The department shall notify the governing body members of the dates of the training courses.
History:
Laws 2009, ch. 18, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 18 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-5.2 - Governing body conflicts of interest.

A. A person shall not serve as a member of a governing body of a charter school if the person or an immediate family member of the person is an owner, agent of, contractor with or otherwise has a financial interest in a for-profit or nonprofit entity with which the charter school contracts directly, for professional services, goods or facilities. A violation of this subsection renders the contract between the person or the person's immediate family member and the charter school voidable at the option of the chartering authority, the department or the governing body. A person who knowingly violates this subsection may be individually liable to the charter school for any financial damage caused by the violation.
B. No member of a governing body or employee, officer or agent of a charter school shall participate in selecting, awarding or administering a contract with the charter school if a conflict of interest exists. A conflict of interest exists when the member, employee, officer or agent or an immediate family member of the member, employee, officer or agent has a financial interest in the entity with which the charter school is contracting. A violation of this subsection renders the contract voidable.
C. Any employee, agent or board member of the chartering authority who participates in the initial review, approval, ongoing oversight, evaluation or charter renewal process of a charter school is ineligible to serve on the governing body of the charter school chartered by the chartering authority.
D. As used in this section, "immediate family member" means spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law or any other relative who is financially supported.
History:
Laws 2011, ch. 14, § 7.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 7 effective July 1, 2012.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-5.3 - Chartering authority; powers; duties; liability.

A chartering authority shall:
A. evaluate charter applications;
B. actively pursue the utilization of charter schools to satisfy identified education needs and promote a diversity of educational choices;
C. approve charter applications that meet the requirements of the Charter Schools Act;
D. decline to approve charter applications that fail to meet the requirements of the Charter Schools Act or are otherwise inadequate;
E. negotiate and execute, in good faith, charter contracts that meet the requirements of the Charter Schools Act with each approved charter school;
F. monitor, in accordance with the requirements of the Charter Schools Act and the terms of the charter contract, the performance and legal compliance of charter schools under their authority;
G. determine whether a charter school merits suspension, revocation or nonrenewal; and
H. develop and maintain chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing, including:
(1) organizational capacity and infrastructure;
(2) evaluating charter applications;
(3) performance contracting;
(4) charter school oversight and evaluation; and
(5) charter school suspension, revocation and renewal processes.
History:
Laws 2011, ch. 14, § 8.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 8 effective July 1, 2012.
Public education commission's implied authority to issues rules and regulations governing the operation and oversight of state-chartered charter schools.
— Agencies are created by statute, and are limited to the power and authority expressly granted or necessarily implied by those statutes, and although the legislature did not grant the public education commission express authority to issue rules and regulations governing the operation and oversight of state-chartered charter schools, a court could reasonably find that its authority to do so may be fairly implied from the "powers and duties" expressly set forth in 22-8B-16 NMSA 1978 and those "functions" specified in 22-8B-5.3 NMSA 1978.
Public Education Commission Required by Law to Follow State Rules Act
(12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.
Issuance of rules by the public education commission must comply with the requirements of the State Rules Act.
— The public education commission's actions in issuing or adopting resolutions, standards, procedures, directives and policies affecting the rights of state-chartered charter schools and their public school students constitute rules and therefore fall within the ambit of the State Rules Act, 14-4-1 to 14-4-11 NMSA 1978, and their issuance must comply with the requirements of the State Rules Act in order to be valid.
Public Education Commission Required by Law to Follow State Rules Act
(12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-5.4 - Governing body authority over who may carry a firearm on charter school property.

Only the governing body has the authority to authorize school security personnel to carry a firearm on any charter school premises or other charter school property. The decision shall be made in an open meeting and shall be formalized as a policy of the governing body.
History:
Laws 2019, ch. 189, § 2.
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 8B - Charter Schools › Section 22-8B-9.1 - Performance framework.

A. The performance provisions in the charter contract shall be based on a framework that clearly sets forth the academic and operations performance indicators and performance targets that will guide the chartering authority's evaluation of each charter school. The performance framework shall be a material term of the charter school contract and shall include performance indicators and performance targets for, at a minimum:
(1) student academic performance;
(2) student academic growth;
(3) achievement gaps in both proficiency and growth between student subgroups;
(4) attendance;
(5) recurrent enrollment from year to year;
(6) if the charter school is a high school, post-secondary readiness;
(7) if the charter school is a high school, graduation rate;
(8) financial performance and sustainability; and
(9) governing body performance, including compliance with all applicable laws, rules and terms of the charter contract.
B. Annual performance targets shall be set by each chartering authority in consultation with its charter schools and shall be designed to help each charter school meet applicable federal, state and chartering authority expectations as set forth in the charter contracts to which the authority is a party.
C. The performance framework shall allow for the inclusion of additional rigorous, valid and reliable indicators proposed by a charter school to augment external evaluations of its performance, provided that the chartering authority shall approve the quality and rigor of such proposed indicators and the indicators are consistent with the purposes of the Charter Schools Act.
D. The performance framework shall require the disaggregation of all student performance data collected in compliance with this section by student subgroup, including gender, race, poverty status, special education or gifted status and English language learner.
E. The chartering authority shall collect, analyze and report all data from state assessment tests in accordance with the performance framework set forth in the charter contract for each charter school overseen by that chartering authority.
History:
Laws 2011, ch. 14, § 4; 2015, ch. 108, § 11.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended the performance framework that must be included in each charter school contract; in the introductory paragraph of Subsection A, after "performance indicators", deleted "measures", after the second occurrence of "and", deleted "metrics" and added "performance targets", after "performance framework shall", added "be a material term of the charter school contract and shall", after "include", added "performance", after "indicators", deleted "measures", and after the fourth occurrence of "and", deleted "metrics" and added "performance targets".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-10 - Charter schools; employees.

A. A charter school shall hire its own employees. The provisions of the School Personnel Act [Chapter 22, Article 10A NMSA 1978] shall apply to such employees. The head administrator of the charter school shall employ, fix the salaries of, assign, terminate and discharge all employees of the charter school.
B. The head administrator of a charter school shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the governing body or the head administrator. The governing body may waive the nepotism rule for family members of a head administrator.
C. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008.
History:
Laws 1999, ch. 281, § 10; 2006, ch. 94, § 37; 2007, ch. 259, § 1; 2008, ch. 5, § 2; 2009, ch. 195, § 2.
ANNOTATIONS
Cross references.
— For the Educational Retirement Act,
see
22-11 1 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection B, after "daughter-in-law", added "brother, brother-in-law, sister or sister-in-law".
The 2008 amendment,
effective February 13, 2008, deleted the authorization of charter schools to authorize the governing board to make employment decisions.
The 2007 amendment,
effective June 15, 2007, provided for employment decisions to be made by the head administrator and prohibits the head administrator from initially employing a person who is related to a member of the governing body or the head administrator.
The 2006 amendment,
effective July 1, 2007, in Subsection A, deleted the qualification "notwithstanding the provisions of Section 22-5-4 NMSA 1978" at the beginning of the first sentence and added the provision regarding employment decisions; deleted former Subsection B, which provided for leave of absence for employees of a school district who are employed by a conversion school; deleted former Subsection C, which provided for longevity credit for employees on leave of absence; deleted former Subsection D, which provided retirement benefits for employees on leave of absence; deleted former Subsection E, which provided that a leave of absence is not a break of service with a school district; deleted former Subsection F, which provided for the return of employees to a school district; deleted former Subsection G, which provided for the effect of discharge or termination by a charter school; added a new Subsection B to prohibit nepotism; and added a new Subsection C to provide for continued employment of persons employed on or before July 1, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-11 - Charter schools; maximum number established.

A. The commission shall authorize the approval of start-up charter schools.
B. No more than fifteen start-up schools may be established per year statewide. The number of charter school slots remaining in that year shall be transferred to succeeding years up to a maximum of seventy-five start-up schools in any five-year period.
History:
Laws 1999, ch. 281, § 11; 2006, ch. 94, § 38.
ANNOTATIONS
Cross references.
— For transfer of powers and duties of former state board of education,
see
9-24-15 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, in Subsection A, changed "local school boards" to "commission" and in Subsection B, deleted the references to conversion schools and the provision that the state board notify the local school board when the limits set in this section are reached.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-12.1 - Charter school closure; chartering authority protocols; chartering authority duties; distribution of assets.

A. Prior to any charter school closure decision, the chartering authority shall develop a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools and proper disposition of school funds, property and assets in accordance with the provisions of Subsection C of this section. The protocol shall specify tasks, time lines and responsible parties, including delineating the respective duties of the charter school, the governing body and the chartering authority.
B. If a charter school is ordered closed for any reason, prior to closure, the chartering authority shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents according to the closure protocol.
C. When a charter school is closed, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school and then to the state treasury to the credit of the current school fund. If the assets of the school are insufficient to pay all parties to whom the schools owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.
History:
Laws 2011, ch. 14, § 6.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 6 effective July 1, 2012.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-13 - Charter school financing.

A. The amount of funding allocated to a charter school shall be not less than ninety-eight percent of the school-generated program cost. The school district or division may withhold and use two percent of the school-generated program cost for its administrative support of a charter school.
B. That portion of money from state or federal programs generated by students enrolled in a locally chartered charter school shall be allocated to that charter school serving students eligible for that aid. Any other public school program not offered by the locally chartered charter school shall not be entitled to the share of money generated by a charter school program.
C. When a state-chartered charter school is designated as a board of finance pursuant to Section 22-8-38 NMSA 1978, it shall receive state and federal funds for which it is eligible.
D. Charter schools may apply for all federal funds for which they are eligible.
E. All services centrally or otherwise provided by a local school district, including custodial, maintenance and media services, libraries and warehousing shall be subject to negotiation between the charter school and the school district. Any services for which a charter school contracts with a school district shall be provided by the district at a reasonable cost.
History:
Laws 1999, ch. 281, § 13; 2006, ch. 94, § 40.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, provided in Subsection A for the withholding and use of two percent of school-generated program cost for administrative support of a charter school; in Subsection B, changed "charter school" to "locally chartered charter school"; added Subsection C to provide for the receipt of state and federal funds by state-chartered charter schools that are designated as a board of finance; and added Subsection D to provide that charter schools may apply for federal funds.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-14 - Charter schools stimulus fund created.

A. The "charter schools stimulus fund" is created in the state treasury. Money in the fund is appropriated to the department of education [public education department] to provide financial support to charter schools, whether start-up or conversion, for initial start-up costs and initial costs associated with renovating or remodeling existing buildings and structures for expenditure in fiscal year 2000 and subsequent fiscal years. The fund shall consist of money appropriated by the legislature and grants, gifts, devises and donations from any public or private source. The department of education [public education department] shall administer the fund in accordance with rules adopted by the state board [department]. The department of education [public education department] may use up to three percent of the fund for administrative costs. Money in the fund shall not revert to the general fund at the end of a fiscal year.
B. If the charter school receives an initial grant and fails to begin operating a charter school within the next eighteen months, the charter school shall immediately reimburse the fund.
History:
Laws 1999, ch. 281, § 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-14.1 - Repealed.

History:
Laws 2007, ch. 214, § 3; repealed by Laws 2007, ch. 214, § 4.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 214, § 4 repealed 22-8B-14.1, as enacted by Laws 2007, ch. 214, § 3, relating to charter school cpaital outlay fund, effective July 1, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com
.
Laws 2007, ch. 214, § 4 also provided that upon repeal, the proportion of the unencumbered balance of the charter school capital outlay fund attributable to proceeds of severance tax bonds shall revert to the severance tax bonding fund, and the remaining unencumbered balance shall revert to the general fund.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-15 - Repealed.

History:
Laws 1999, ch. 281, § 15.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 94, § 60 repealed 22-8B-15 NMSA 1978, as enacted by Laws 1999, ch. 281, § 15, relating to charter extensions, effective July 1, 2007. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-16 - Public education commission; powers and duties.

The commission shall receive applications for initial chartering and renewals of charters for charter schools that want to be chartered by the state and approve or disapprove those charter applications. The commission may approve, deny, suspend or revoke the charter of a state-chartered charter school in accordance with the provisions of the Charter Schools Act. The chartering authority for a charter school existing on July 1, 2007 may be transferred to the commission; provided, however, that if a school chartered under a previous chartering authority chooses to transfer its chartering authority, it shall continue to operate under the provisions of that charter until its renewal date unless it is suspended or revoked by the commission. An application for a charter school filed with a local school board prior to July 1, 2007, but not approved, may be transferred to the commission on July 1, 2007.
History:
Laws 2006, ch. 94, § 29.
ANNOTATIONS
Cross references.
— For the public education commission,
see
9-24-9 NMSA 1978 and N.M. Const., art. XII, § 6.
Effective dates.
— Laws 2006, ch. 94, § 61 made Laws 2006, ch. 94, § 29 effective July 1, 2007.
Public education commission's implied authority to issues rules and regulations governing the operation and oversight of state-chartered charter schools.
— Agencies are created by statute, and are limited to the power and authority expressly granted or necessarily implied by those statutes, and although the legislature did not grant the public education commission express authority to issue rules and regulations governing the operation and oversight of state-chartered charter schools, a court could reasonably find that its authority to do so may be fairly implied from the "powers and duties" expressly set forth in 22-8B-16 NMSA 1978 and those "functions" specified in 22-8B-5.3 NMSA 1978.
Public Education Commission Required by Law to follow State Rules Act
(12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.
Issuance of rules by the public education commission must comply with the requirements of the State Rules Act.
— The public education commission's actions in issuing or adopting resolutions, standards, procedures, directives and policies affecting the rights of state-chartered charter schools and their public school students constitute rules and therefore fall within the ambit of the State Rules Act, 14-4-1 to 14-4-11 NMSA 1978, and their issuance must comply with the requirements of the State Rules Act in order to be valid.
Public Education Commission Required by Law to Follow State Rules Act
(12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 8B - Charter Schools › Section 22-8B-17 - Charter schools division; duties.

The "charter schools division" is created in the department. The division shall:
A. provide staff support to the commission;
B. provide technical support to all charter schools;
C. review and approve state-chartered charter school budget matters; and
D. make recommendations to the commission regarding the approval, denial, suspension or revocation of the charter of a state-chartered charter school.
History:
Laws 2006, ch. 94, § 30.
ANNOTATIONS
Cross references.
— For divisions of the public education department,
see
9-24-4 NMSA 1978.
Effective dates.
— Laws 2006, ch. 94, § 61 made Laws 2006, ch. 94, § 30 effective July 1, 2007.