reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23C - Black Education › Section 22-23C-3 - Black education advisory council appointed.

A. The "Black education advisory council" is created as an advisory council to the secretary. The secretary shall appoint no more than twenty-three members to the council who are knowledgeable about and interested in the education of Black students, including:
(1) three current teachers or school administrators of public schools;
(2) three current teachers or school administrators of charter schools;
(3) two representatives of post-secondary education, including one representative of teacher preparation programs, appointed in collaboration with the higher education department;
(4) three parents of currently enrolled students in public schools, appointed in collaboration with the office on African American affairs;
(5) three students currently attending a public secondary school, appointed in collaboration with the office on African American affairs;
(6) one representative of the higher education department;
(7) one representative of the office on African American affairs;
(8) one representative of the developmental disabilities planning council; and
(9) representatives of Black cultural, community and business organizations, other community and business organizations and other interested persons.
B. The secretary shall give due regard to geographic representation. Members shall serve at the pleasure of the secretary.
C. The council shall elect a chair and such other officers as it deems necessary.
D. The council shall meet as necessary, but at least twice each year.
E. Members of the council who are not paid with public money are entitled to receive per diem and mileage but shall receive no other compensation, perquisite or allowance for their service on the council.
History:
Laws 2021, ch. 51, § 3.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23C - Black Education › Section 22-23C-4 - Council duties.

The council shall advise the secretary, school districts and charter schools on matters related to improving public school education for Black students, increasing parent involvement and community engagement in the education of Black students and increasing the number of Black high school graduates who succeed in post-secondary academic, professional or vocational education.
History:
Laws 2021, ch. 51, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23C - Black Education › Section 22-23C-5 - Black education liaison created; duties.

A. The "Black education liaison" is created in the department.
B. The liaison shall:
(1) focus on issues related to Black education and advise the secretary and the council on the development and implementation of public policy regarding the education of Black students;
(2) advise the department and the council on the development and implementation of the five-year strategic plan for public elementary and secondary education in the state as the plan relates to Black student education;
(3) assist and be assisted by other staff in the department and in the higher education department to improve elementary, secondary and post-secondary educational outcomes for Black students;
(4) maintain and update information on the department's website or a separate website that includes:
(a) subject to funding, links to a statewide hotline for reporting racially charged incidents;
(b) links to the department's Black education white papers as well as other pertinent research; and
(c) information on and links to historically Black colleges and universities;
(5) serve as a resource to enable school districts and charter schools to provide equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Black students enrolled in public schools;
(6) support and consult with the council;
(7) support school districts and charter schools to recruit parents on site-based and school district committees that represent the ethnic diversity of the community; and
(8) implement activities that are recommended and prioritized by the council within available funding."
History:
Laws 2021, ch. 51, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23C - Black Education › Section 22-23C-6 - Additional duties of liaison and council; report to secretary and others.

A. As part of their duties pursuant to the Black Education Act, the liaison and the council shall study and prepare white papers on current research on methods and practices that will improve educational outcomes and school experiences for Black students by:
(1) identifying best practices for strengthening educational outcomes for Black students;
(2) addressing the Black student achievement gap in a holistic and systemic manner that includes clearly articulated measures to improve public education for Black students that result in substantially improved graduation rates, college or career readiness and higher education completion rates at the undergraduate and graduate levels;
(3) combating discrimination and racism in the public school system, including creating and sustaining equitable and culturally responsive learning environments;
(4) recommending curricula and instructional materials that include the history and culture of Black people in New Mexico, America and the world; and
(5) providing mechanisms for parents, community and business organizations, public schools, public post-secondary educational institutions and state and local policymakers to work together to improve educational opportunities for Black students.
B. The liaison and advisory council shall develop or recommend anti-racism and cultural sensitivity training and professional development programs for all school personnel.
C. The department, through the liaison and advisory council, shall establish a formal cooperative relationship with the higher education department and public post-secondary educational institutions in the state to help:
(1) improve the education of Black students in the kindergarten through sixteen educational system in New Mexico, including the recruitment and retention of Black teachers, educational support providers, faculty and educational and administrative leaders in the system; and
(2) improve teacher preparation programs by recruiting Black students and including curricula that demonstrate cultural awareness and sensitivity to matters of race and promote anti-racism.
D. White papers shall be submitted to the secretary, the council, the governor, the legislature, school districts, charter schools, the higher education department, public post-secondary educational institutions and interested persons.
History:
Laws 2021, ch. 51, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23C - Black Education › Section 22-23C-7 - Black education statewide status report.

A. The department, in collaboration with the higher education department, shall submit an annual preschool through post-secondary statewide Black education status report no later than November 15 to the governor and the legislature through the legislative education study committee. A copy shall be provided to the legislative library in the legislative council service.
B. In addition to the data required pursuant to Section 22-2C-11 NMSA 1978, the status report for public schools shall highlight Black student data and include:
(1) ethnicity by grade by school;
(2) the number and type of bilingual and multicultural programs in each school district and charter school;
(3) student achievement by ethnicity at all grades measured by a statewide test or other measure of proficiency approved by the department;
(4) attendance and truancy for all grades by ethnicity;
(5) diploma seals and distinctions earned by ethnicity; and
(6) licensed school employees by ethnicity by school.
C. The status report shall include the following information, by public post-secondary educational institution, which may be compiled from data otherwise required to be submitted to the higher education department, and which is disaggregated by ethnicity and highlights Black student or faculty data:
(1) enrollment by institution and by main or branch campus, if applicable;
(2) student retention by class;
(3) student completion rates;
(4) degrees or certificates earned by ethnicity;
(5) faculty hired in tenure-track positions by ethnicity;
(6) adjunct faculty hired by ethnicity;
(7) number of tenured faculty by ethnicity; and
(8) faculty or administration leadership positions by ethnicity.
History:
Laws 2021, ch. 51, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-1 - Short title.

Chapter 22, Article 24 NMSA 1978 may be cited as the "Public School Capital Outlay Act".
History:
1953 Comp., § 77-24-9, enacted by Laws 1975, ch. 235, § 1; 1978, ch. 152, § 1; 2000 (2nd S.S.), ch. 19, § 1.
ANNOTATIONS
Cross references.
— For public school finances generally,
see
22-8-1 NMSA 1978 et seq.
For public school capital improvements, see 22-25-1 NMSA 1978 et seq.
The 2000 amendment,
effective April 12, 2000, substituted "Chapter 22, Article 24 NMSA 1978" for "Sections 22-24-1 through 22-24-6 NMSA 1978".
For article, "No Cake For Zuni: The Constitutionality of New Mexico's Public School Capital Finance System," see 37 N.M.L. Rev. 307 (2007).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-2 - Purpose of act.

The purpose of the Public School Capital Outlay Act is to ensure that, through a standards-based process for all school districts, the physical condition and capacity, educational suitability and technology infrastructure of all public school facilities in New Mexico meet an adequate level statewide and the design, construction and maintenance of school sites and facilities encourage, promote and maximize safe, functional and durable learning environments in order for the state to meet its educational responsibilities and for New Mexico's students to have the opportunity to achieve success.
History:
1953 Comp., § 77-24-10, enacted by Laws 1975, ch. 235, § 2; 1978, ch. 152, § 2; 1994, ch. 88, § 1; 2004, ch. 125, § 6.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, replaced the previous purpose to "meet critical school district capital outlay which cannot be met by the school district after it has exhausted available resources" with the purpose that follows "is to" at the beginning of the section.
The 1994 amendment,
effective May 18, 1994 deleted "all" preceding "available" near the end of the section.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.1 - Outstanding deficiencies; assessment; correction.

A. No later than September 1, 2001, the council shall define and develop guidelines, consistent with the codes adopted by the construction industries commission pursuant to the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978 NMSA 1978], for school districts to use to identify outstanding serious deficiencies in public school buildings and grounds, including buildings and grounds of charter schools, that may adversely affect the health or safety of students and school personnel.
B. A school district shall use these guidelines to complete a self-assessment of the outstanding health or safety deficiencies within the school district and provide cost projections to correct the outstanding deficiencies.
C. The council shall develop a methodology for prioritizing projects that will correct the deficiencies.
D. After a public hearing and to the extent that money is available in the fund for such purposes, the council shall approve allocations from the fund on the established priority basis and, working with the school district and pursuant to the Procurement Code [13-1-28 through 13-1-199 NMSA 1978], enter into construction contracts with contractors to correct the deficiencies.
E. In entering into construction contracts to correct deficiencies pursuant to this section, the council shall include such terms and conditions as necessary to ensure that the state money is expended in the most prudent manner possible and consistent with the original purpose.
F. Any deficiency that may adversely affect the health or safety of students or school personnel may be corrected pursuant to this section, regardless of the local effort or percentage of indebtedness of the school district.
G. It is the intent of the legislature that all outstanding deficiencies in public schools and grounds that may adversely affect the health or safety of students and school personnel be identified and awards made pursuant to this section no later than June 30, 2005, and that funds be expended no later than June 30, 2007, provided that the council may extend the expenditure period upon a determination that a project requires the additional time because existing buildings need to be demolished or because of other extenuating circumstances.
History:
1978 Comp., § 22-24-4.1, enacted by Laws 2001, ch. 338, § 6; 2003, ch. 147, § 4; 2004, ch. 125, § 8; 2007, ch. 366, § 4.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, amended Subsection G to authorize the council to extend the expenditure period for a project.
The 2004 amendment,
effective May 19, 2004, amended Subsection B to add "school" before "district" and amended Subsection G to change "June 30, 2004" to "June 30, 2005" and "June 30, 2005" to "June 30, 2007".
The 2003 amendment,
effective April 4, 2003, deleted "local" preceding "school district" in Subsection B; in Subsection G, substituted "awards made" for "funded" and added "and that funds be expended no later than June 30, 2006" at the end of the sentence.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 147, § 14 repealed 22-24-4.2 NMSA 1978, as enacted by Laws 2001, ch. 338, § 7, regarding the deficiencies correction unit, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For provisions of present law,
see
22-24-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.3 - Roof repair and replacement initiative.

A. The council shall develop guidelines for a roof repair and replacement initiative pursuant to the provisions of this section.
B. A school district, desiring a grant award pursuant to this section, shall submit an application to the council. The application shall include an assessment of the roofs on district school buildings that, in the opinion of the school district, create a threat of significant property damage.
C. The public school facilities authority shall verify the assessment made by the school district and rank the application with similar applications pursuant to a methodology adopted by the council.
D. After a public hearing and to the extent that money is available in the fund for such purposes, the council shall approve roof repair or replacement projects on the established priority basis; provided that no project shall be approved unless the council determines that the school district is willing and able to pay the portion of the total cost of the project that is not funded with grant assistance from the fund. In order to pay its portion of the total project cost, a school district may use state distributions made to the school district pursuant to the Public School Capital Improvements Act [Chapter 22, Article 25 NMSA 1978] or, if within the scope of the authorizing resolution, proceeds of the property tax imposed pursuant to that act.
E. The state share of the cost of an approved roof repair or replacement project shall be calculated pursuant to the methodology in Paragraph (5) of Subsection B of Section 22-24-5 NMSA 1978.
F. A grant made pursuant to this section shall be expended by the school district within two years of the grant allocation.
History:
Laws 2005, ch. 274, § 6; 2009, ch. 258, § 3.
ANNOTATIONS
The 2009 amendment,
effective April 8, 2009, in Subsection E, after "cost of an approved", added "roof repair or replacement"; and in Subsection F, after "school district", deleted "prior to September 1, 2008" and added "within two years of the grant allocation".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.4 - Repealed.

History:
Laws 2005, ch. 274, § 7; 2007, ch. 366, § 5; repealed by Laws 2022, ch. 22, § 4.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 22, § 4 repealed 22-24-4.4 NMSA 1978, as enacted by Laws 2005, ch. 274, § 7, relating to serious roof deficiencies, correction, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.5 - Education technology infrastructure deficiency corrections.

A. No later than September 1, 2014, the council, with the advice of the department and the department of information technology, shall define and develop:
(1) minimum adequacy standards for an education technology infrastructure deficiency corrections initiative to identify and determine reasonable costs for correcting education technology infrastructure deficiencies in or affecting school districts;
(2) a methodology for prioritizing projects to correct education technology infrastructure deficiencies in or affecting school districts; and
(3) a methodology for determining a school district's share of the project costs.
B. The council shall develop guidelines for a statewide education technology infrastructure network that integrates regional hub locations for network services and the installation and maintenance of equipment. The council may fund education technology infrastructure projects or items that the council determines are in accord with the guidelines and necessary to education for:
(1) students;
(2) school buses;
(3) internet connectivity within a school district;
(4) a multi-district regional education network; and
(5) a statewide education network.
C. The council may approve allocations from the fund pursuant to Subsection M of Section 22-24-4 NMSA 1978 and this section for projects in or affecting a school district committing to pay its share of the project costs. The council may adjust the school district's share of the project costs in accordance with Paragraph (9) of Subsection B of Section 22-24-5 NMSA 1978 or the methodology for determining the school district's share of the project costs.
History:
Laws 2014, ch. 28, § 4; 2019, ch. 180, § 2; 2021, ch. 49, § 2; 2023, ch. 98, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, in Subsection C, after "Paragraph", changed "(11)" to "(9)".
The 2021 amendment,
effective April 5, 2021, required the public school capital outlay council to develop guidelines for a statewide education technology infrastructure network that integrates regional hub locations for network services and the installation and maintenance of equipment, and authorized the council to fund education technology infrastructure projects or items that the council determines are in accord with guidelines and necessary for education; and added a new Subsection B and redesignated former Subsection B as Subsection C.
The 2019 amendment,
effective July 1, 2019, in Subsection B, after "Paragraph", deleted "(9)" and added "(11)".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.6 - Building system repair, renovation or replacement.

A. The council shall develop guidelines for a building system repair, renovation or replacement initiative pursuant to the provisions of this section.
B. A school district desiring a grant award pursuant to this section shall submit an application to the council. The application shall include an assessment of the building system that, in the opinion of the school district, the repair, renovation or replacement of which would extend the useful life of the building itself.
C. The authority shall verify the assessment made by the school district and rank the application with similar applications pursuant to a methodology adopted by the council.
D. After a public hearing and to the extent that money is available in the fund for such purposes, the council shall approve building system repair, renovation or replacement projects on the established priority basis; provided that no project shall be approved unless the council determines that the school district is willing and able to pay the portion of the total cost of the project that is not funded with grant assistance from the fund.
E. The state share of the cost of an approved building system repair, renovation or replacement project shall be calculated pursuant to the methodology in Subsection B of Section 22-24-5 NMSA 1978.
F. A grant made pursuant to this section shall be expended by the school district within three years of the grant allocation.
History:
Laws 2015, ch. 93, § 3; 2019, ch. 180, § 3.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, in Subsection C, deleted "public school facilities" preceding "authority"; and in Subsection E, after "methodology in", deleted "Paragraph (5) of".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-4.7 - School security system projects.

A. The council shall develop guidelines for a school security system project grant initiative in accordance with this section.
B. A school district seeking a grant for a school security system project shall apply to the council on a form that includes an assessment of a school's security system and a statement of opinion by the school district that the project would improve the security of the school's buildings, property and occupants.
C. The authority shall verify the assessment made by the school district and rank all applications it receives for school security system project grants according to the methodology adopted by the council for that purpose.
D. After a public hearing, and to the extent that money is available in the fund for the purpose, the council shall make school security system project grants to school districts that the council determines are willing and able to pay for the portion of the total project cost not funded with grant assistance from the fund and according to those applicants' ranking.
E. The state share of the cost of an approved school security system project shall be calculated according to the methodology outlined in Subsection B of Section 22-24-5 NMSA 1978.
F. A school district that receives a grant in accordance with this section shall expend the grant money within three years after the grant allocation. Money not spent in that time shall revert to the fund.
History:
1978 Comp., § 22-24-4.7, enacted by Laws 2018, ch. 71, § 1; 2019, ch. 180, § 4.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, n Subsection C, deleted "public school facilities" preceding "authority"; and in Subsection E, after "methodology outlined in", deleted "Paragraph (5) of".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.1 - Council assistance and oversight.

In providing grant assistance pursuant to Section 22-24-5 NMSA 1978, the council shall:
A. assist school districts in identifying critical capital outlay needs and in preparing grant applications;
B. take such actions as are necessary to assist school districts in implementing the projects for which grants are made, including assistance with the preparation of requests for bids or proposals, contract negotiations and contract implementation;
C. take such actions as are necessary to ensure cost savings and efficiencies for those school districts that are not large enough to maintain their own construction management staff; and
D. include such reporting requirements and conditions and take such actions as are necessary to ensure that the grants are expended in the most prudent manner possible and consistent with the original purpose for which they were made. In order to ensure compliance with the intent of this subsection, the council may:
(1) access the premises of a project and review any documentation relating to a project;
(2) withhold all or part of the amount of grant assistance available for a project for grounds established by rule of the council; and
(3) if it determines that a project is repeatedly in substantial noncompliance with any reporting requirement or condition, take over the direct administration of the project until the project is completed.
History:
1978 Comp., § 22-24-5.1, enacted by Laws 2001, ch. 338, § 9.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.2 - Repealed.

History:
Laws 2001, ch. 328, § 3; repealed by Laws 2004, ch. 125, § 20.
ANNOTATIONS
Repeal.
— Laws 2004, ch. 125, § 20 repealed 22-24-5.2 NMSA 1978, as enacted by Laws 2001, ch. 328, § 3, relating to effect upon school district indebtedness requirement, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.3 - Preventive maintenance plans; guidelines; approval.

A. The council shall adopt guidelines that will assist school districts in the development and implementation of preventive maintenance plans. In developing the guidelines, the council shall ensure that they are not overly complex, that they are user-friendly and that they take into account the geographic and size variations of the districts throughout the state. The guidelines shall include the major requirements for:
(1) establishing and implementing a preventive maintenance plan;
(2) necessary budgets, personnel and staff support;
(3) staff training; and
(4) evaluation and auditing.
B. The council shall develop, implement and maintain a uniform web-based facility information management system. Within available appropriations, the council shall develop a schedule and procedure for phasing all school districts into the system, including those school districts not applying for grant assistance pursuant to the Public School Capital Outlay Act. The facility information management system shall:
(1) provide a centralized database of maintenance activities to allow for monitoring, supporting and evaluating school-level and districtwide maintenance efforts;
(2) provide comprehensive maintenance request and expenditure information to the school districts and the council; and
(3) facilitate training of facilities maintenance and management personnel.
C. To the extent resources are available, the council shall provide assistance to districts in developing and implementing a preventive maintenance plan.
D. For project allocation cycles beginning after September 1, 2003, a school district shall not be eligible for funding pursuant to Section 22-24-5 NMSA 1978 unless:
(1) the school district has a preventive maintenance plan that has been approved by the council; and
(2) if applicable, the school district is participating in the implementation of the facility information management system.
E. As used in this section, "preventive maintenance" means the regularly scheduled repair and maintenance needed to keep a building component operating at peak efficiency and to extend its useful life. "Preventive maintenance" includes scheduled activities intended to prevent breakdowns and premature failures, including periodic inspections, lubrication, calibrations and replacement of expendable components of equipment.
History:
1978 Comp., § 22-24-5.3, enacted by Laws 2003, ch. 147, § 5; 2005, ch. 274, § 9.
ANNOTATIONS
The 2005 amendment,
effective April 6, 2005, added Subsections B(1) through (3) to provide that the council shall develop, implement and maintain a uniform web-based facility information management system; and added Subsection D(2) to provide that a school district shall not be eligible for funding unless, if applicable, the school district is participating in the implementation of the facility information management system.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.5 - Preventive maintenance plans; participation in facility information management system.

Each school district shall:
A. develop and implement a preventive maintenance plan following guidelines adopted by the public school capital outlay council pursuant to Section 22-24-5.3 NMSA 1978; and
B. participate in the facility information management system pursuant to the schedule adopted by the public school capital outlay council.
History:
Laws 2005, ch. 274, § 16.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 274, § 20 made the act effective April 6, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.6 - Outstanding deficiencies at certain state educational institutions.

A. In consultation with the higher education department and the applicable board of regents, and after reviewing the existing five-year facilities plan and the facilities condition assessment, the public school facilities authority shall verify the assessed outstanding health, safety or infrastructure deficiencies at the constitutional special schools and shall develop a plan to correct the deficiencies.
B. The council may approve allocations from the fund and, working with the higher education department and the applicable board of regents, enter into construction contracts to correct the deficiencies.
C. The council shall establish oversight functions for the public school facilities authority and such other guidelines and conditions as it deems necessary to ensure that the allocations from the fund pursuant to this section are expended in the most prudent manner possible and consistent with the original purpose.
D. As used in the Public School Capital Outlay Act, "public school capital outlay project", "capital outlay project" or "project" includes a program for the correction of deficiencies at the constitutional special schools pursuant to this section.
History:
Laws 2006, ch. 95, § 6; 2009, ch. 37, § 1; 2012, ch. 53, § 3.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, included the school for the blind and visually impaired and the school for the deaf in the defined term "constitutional special schools"; in Subsection A, after "deficiencies at the", deleted "New Mexico school for the blind and visually impaired and the New Mexico school for the deaf" and added "constitutional special schools"; in Subsection D, after "deficiencies at the", deleted "New Mexico school for the blind and visually impaired and the New Mexico school for the deaf" and added "constitutional special schools"; and deleted former Subsection E, which defined "school district" for purposes of Sections 22-24-5.1, 22-24-5.3, 22-24-5.5, and Paragraph (10) of 22-24-5 NMSA 1978 to be the school for the blind and visually impaired and the school for the deaf.
The 2009 amendment,
effective March 31, 2009, in Subsection B, deleted "To the extent that money has been appropriated for such purposes"; in Subsection D, changed "handicapped" to "impaired"; and added Subsection E.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-5.8 - Adequacy standards; constitutional special schools.

Until July 1, 2018, the council may apply the adequacy standards to the constitutional special schools on a building-by-building basis rather than the entire campus. After that time, the adequacy standards rankings shall be based on the facilities condition of the entire campus.
History:
Laws 2012, ch. 53, § 4.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-6 - Council created; organization; duties.

A. There is created the "public school capital outlay council", consisting of the:
(1) secretary of finance and administration or his designee;
(2) state superintendent [secretary] or his designee;
(3) the governor or his designee;
(4) president of the New Mexico school boards association or his designee;
(5) the director of the construction industries division of the regulation and licensing department or his designee;
(6) the president of the state board or his designee;
(7) the director of the legislative education study committee or his designee;
(8) the director of the legislative finance committee or his designee; and
(9) the director of the legislative council service or his designee.
B. The council shall investigate all applications for assistance from the fund and shall certify the approved applications to the secretary of finance and administration for distribution of funds.
C. The council shall elect a chairman from among the members. The council shall meet at the call of the chairman.
D. The department of education [public education department] shall account for all distributions and shall make annual reports to the legislative education study committee and to the legislative finance committee.
History:
1953 Comp., § 77-24-14, enacted by Laws 1975, ch. 235, § 6; 1977, ch. 247, § 206; 1978, ch. 152, § 6; 1980, ch. 151, § 51; 1988, ch. 64, § 43; 1993, ch. 226, § 51; 1994, ch. 88, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
The 1994 amendment,
effective May 18, 1994, substituted "state superintendent" for "superintendent of public instruction" in Paragraph A(2), deleted "of education" following "state board" in Paragraph A(6), and added Paragraphs A(8) and (9), making related stylistic changes.
The 1993 amendment,
effective July 1, 1993, in Subsection A, added "or his designee" at the end of Paragraphs (1), (2) and (5) and deleted "state" preceding "superintendent" at the beginning of Paragraph (2).
The 1988 amendment,
effective May 18, 1988, substituted "the governor or his designee" for "director of the public school finance division" in Subsection A(3); made a minor stylistic change in Subsection A(4); substituted "regulation and licensing department" for "commerce and industry department" in Subsection A(5); added Subsections A(6) and (7); inserted "shall" in Subsection B; and substituted "department of education" for "council shall employ a staff director who" in Subsection D.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-6.1 - Procedures for a state-chartered charter school.

All of the provisions of the Public School Capital Outlay Act apply to an application by a state-chartered charter school for grant assistance for a capital project except the portion of the cost of the project to be paid from the fund shall be calculated pursuant to Subsection B of Section 22-24-5 NMSA 1978 using data from the school district in which the state-chartered charter school is located.
History:
Laws 2007, ch. 214, § 1; 2009, ch. 258, § 6; 2019, ch. 180, § 8; 2023, ch. 98, § 5.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, eliminated offsets for charter schools; and deleted Subsection B.
Temporary provisions.
— Laws 2023, ch. 98, § 8 provided that all current outstanding offsets held against school districts or charter schools for a direct legislative appropriation shall be eliminated on July 1, 2023, the effective date of Laws 2023, ch. 98.
The 2019 amendment,
effective July 1, 2019, in Subsection B, after the first occurrence of "Paragraph", deleted "(6) and added "(9)", and deleted paragraph designation "(1)" and Paragraph B(2); and deleted former Subsection C.
The 2009 amendment,
effective April 8, 2009, added Paragraph (2) of Subsection B.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-6.2 - Repealed.

History:
Laws 2007, ch. 214, § 2; repealed by Laws 2007, ch. 214, § 4.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 214, § 4 repealed 22-24-6.2 NMSA 1978, as enacted by Laws 2007, ch. 214, § 2, relating to public facilities for charter schools, effective July 1, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-8 - Public school capital outlay oversight task force; duties.

The public school capital outlay oversight task force shall:
A. monitor the overall progress of bringing all public schools up to the statewide adequacy standards developed pursuant to the Public School Capital Outlay Act;
B. monitor the progress and effectiveness of programs administered pursuant to the Public School Capital Outlay Act and the Public School Capital Improvements Act [Chapter 22, Article 25 NMSA 1978];
C. monitor the existing permanent revenue streams to ensure that they remain adequate long-term funding sources for public school capital outlay projects;
D. oversee the work of the public school capital outlay council and the public school facilities authority as they perform functions pursuant to the Public School Capital Outlay Act, particularly as they implement the statewide-based process for making grant awards;
E. appoint an advisory committee to study the feasibility of implementing a long-range planning process that will facilitate the interaction between charter schools and their school districts on issues relating to facility needs; and
F. before the beginning of each regular session of the legislature, report the results of its analyses and oversight and any recommendations to the governor and the legislature.
History:
Laws 2001, ch. 338, § 13; 2004, ch. 125, § 17; 2005, ch. 274, § 11.
ANNOTATIONS
Temporary provisions.
— Laws 2009, ch. 37, § 2 provided that during calendar year 2009, the public school capital outlay oversight task force shall study reasonable alternatives for determining the local matching funds to be required from the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf for a grant award pursuant to the Public School Capital Outlay Act and shall report its findings and recommendations to the second session of the forty-ninth legislature.
The 2005 amendment,
effective April 6, 2005, added Subsection A to provide that the task force shall monitor the progress of bringing public schools up to the statewide adequacy standards; deleted the former requirement in Subsection B that the task force review the condition index and the methodology used for ranking projects; provided in Subsection C that the task force monitor revenue streams to ensure that they remain adequate; provided in Subsection D that the task force oversee the work of the council and the authority; added Subsection E to provide that the task force appoint an advisory committee to study the feasibility of a long-range planning process to facilitate interaction between charter schools and school districts.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-10 - Public facilities to be used by charter schools; assessment.

A. Prior to the occupancy of a public facility by a charter school, the charter school shall notify the council of the intended use, together with such other information as required by rule of the council.
B. Within sixty days of the notification to the council, the public school facilities authority shall assess the public facility in order to determine the extent of compliance with the statewide adequacy standards and the amount of outstanding deviation from those standards. The results of the assessment shall be submitted to the charter school, the school district in which the charter school is located and the council.
C. Once assessed pursuant to Subsection B of this section, the public facility shall be prioritized and eligible for grants pursuant to the Public School Capital Outlay Act in the same manner as all other public schools in the state.
D. As used in this section, "public facility" means a building owned by the charter school, the school district, the state, an institution of the state, another political subdivision of the state, the federal government or a tribal government.
History:
Laws 2005, ch. 274, § 13.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 274, § 20 makes the act effective April 6, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-11 - Recompiled.

History:
Laws 2006, ch. 95, § 3; recompiled as § 22-8-48 by Laws 2007, ch. 366, § 25.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 366, § 25, effective July 1, 2007, recompiled former 22-24-11 NMSA 1978 as 22-8-48 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 24 - Public School Capital Outlay › Section 22-24-12 - Pre-kindergarten classroom facilities initiative.

A. The council shall develop guidelines for a pre-kindergarten classroom facilities initiative in accordance with this section, including establishing and adopting pre-kindergarten classroom standards.
B. The authority shall rank all applications it receives for the pre-kindergarten classroom facilities initiative according to the methodology adopted by the council for that purpose.
C. After a public hearing, and to the extent that money is available in the fund for that purpose, the council may make pre-kindergarten classroom facilities initiative grants to school districts that the council determines are willing and able to pay for the portion of the total cost not funded with grant assistance from the fund according to those applicants' rankings.
D. The state share of the cost of an approved pre-kindergarten classroom facilities initiative project shall be calculated according to the methodology outlined in Subsection B of Section 22-24-5 NMSA 1978; provided that, for fiscal years 2024 through 2026, the state share of an approved pre-kindergarten classroom facilities initiative project shall be the phase two formula value plus a percentage equal to one-half of the difference between one and the phase two formula value.
E. A school district that receives a grant in accordance with this section shall expend the money within three years after the grant allocation, or the money shall revert to the fund.
History:
Laws 2019, ch. 179, § 1; 2023, ch. 98, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, reduced the local match for pre-kindergarten projects by fifty percent; and in Subsection D, added "provided that, for fiscal years 2024 through 2026, the state share of an approved pre-kindergarten classroom facilities initiative project shall be the phase two formula value plus a percentage equal to one-half of the difference between one and the phase two formula value".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 25 - Public School Capital Improvements › Section 22-25-1 - Short title.

Chapter 22, Article 25 NMSA 1978 may be cited as the "Public School Capital Improvements Act".
History:
1953 Comp., § 77-25-1, enacted by Laws 1975 (S.S.), ch. 5, § 1; 2007, ch. 366, § 12.
ANNOTATIONS
Cross references.
— For public school finances generally,
see
22-8-1 NMSA 1978 et seq.
For public school emergency capital outlays,
see
22-24-1 NMSA 1978 et seq.
The 2007 amendment,
effective July 1, 2007, changed the statutory reference to the act.
Capital improvements tax revenues for teacher housing.
— A local school district may use capital improvement tax revenues authorized by 22-25-2 and 22-25-3 NMSA 1978 for the purpose of "erecting, remodeling, making additions to, providing equipment for or furnishing school buildings and pre-kindergarten classroom facilities" for the construction and renovation of teacher housing.
Use of General Obligation Bond Proceeds and Public School Capital Improvements Act Revenue for Construction of Teacher Housing
(12/1/2022), Att'y Gen. Adv. Ltr. 2022-13,
overruling
1981 N.M. Att'y Gen. 81-01.
Revenues not to be used for teacher housing.
— Revenues generated by school district general obligation bonds or pursuant to the Public School Capital Improvements Act may not be spent to construct teacher housing. 1981 Op. Att'y Gen. No. 81-01.
For article, "No Cake For Zuni: The Constitutionality of New Mexico's Public School Capital Finance System," see 37 N.M.L. Rev. 307 (2007).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 25 - Public School Capital Improvements › Section 22-25-4 - Authorizing resolution; time limitation.

The resolution authorized under Section 22-25-3 NMSA 1978 shall be adopted within the time frames required by the Election Code [Chapter 1 NMSA 1978] and pursuant to the requirements of the property tax division of the taxation and revenue department.
History:
1953 Comp., § 77-25-4, enacted by Laws 1975 (S.S.), ch. 5, § 4; 2019, ch. 212, § 223.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, required that a resolution on the question of imposition of capital improvements tax be adopted within the time frames required by the Election Code and pursuant to the requirements of the property tax division of the taxation and revenue department; changed "3 of the Public School Capital Improvements Act" to "22-25-3 NMSA 1978", and after "adopted", deleted "no later than May 15 in the year in which the tax is proposed and to be imposed" and added the remainder of the section.