reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 1 - GENERAL PROVISIONS › Section 6.27.1.8 - NOTICE OF OPEN MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				meetings will be conducted pursuant to the provisions of the Open Meetings Act,
				Sections
				10-15-1
				to
				10-15-4 NMSA
				1978. At its first meeting of each fiscal year, the council will determine what
				notice to the public of its meetings is reasonable and will establish the
				schedule of its regular meetings.
B. Notice of open meetings will be consistent
				with the open meetings resolution adopted by the council as follows.
(1) All meetings will be held in Santa Fe,
				New Mexico or as otherwise indicated on the meeting notice.
(2) At least ten (10) days notice will be
				given in advance of the meeting date. Notice requirements are met if notice of
				the date, time and place of the meeting and an agenda for the meeting, or
				information on how the public may obtain a copy of such an agenda, is placed in
				one newspaper of general circulation in the state. The council will also
				disseminate copies of the written notice to those broadcast stations licensed
				by the federal communications commission, newspapers of general circulation,
				local school district superintendents, and all others who have made a written
				request for notice of public meetings.
(3) Special meetings may be called by the
				chair or a majority of the members upon three (3) days notice. The council will
				disseminate copies of the written notice to those broadcast stations licensed
				by the federal communications commission and newspapers of general circulation
				that have made a written request for notice of public meetings by expedited
				mail, e-mail, FAX, or other expedited manner. The council will further
				disseminate by e-mail or fax copies of the written notice to local school
				district superintendents and to others who have made a request for notice of
				public meetings.
(4) Emergency
				meetings will be called only under unforeseen circumstances that, if not
				addressed, will likely result in injury or damage to persons or property or
				substantial financial loss. Emergency meetings may be called by the chair or a
				majority of the members upon twenty-four (24) hours notice, unless threat of
				personal injury or property damage require less notice. The notice for all
				emergency meetings will include an agenda for the meeting or information on how
				the public may obtain a copy of the agenda. The council will disseminate copies
				of the written notice to those broadcast stations licensed by the federal
				communications commission and newspapers of general circulation that have made
				a written request for notice of public meetings by expedited mail, e-mail, FAX,
				or other expedited manner. The council will further disseminate by e-mail or
				fax copies of the written notice to local school district superintendents and
				to others who have made a request for notice of public meetings.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 1 - GENERAL PROVISIONS › Section 6.27.1.9 - COUNCIL ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				majority of the membership of the council constitutes a quorum.
B. The council will elect a chair and
				vice-chair. The chair and vice-chair will serve two-year terms. If an interim
				vacancy results in the office of chair or vice-chair, the council will select
				an officer or officers to serve in the interim.
C. The chair will preside at council meetings
				and will have powers and duties including, but not limited to, the following:
(1) to rule on matters of parliamentary
				procedure;
(2) to execute documents
				approved by the council on behalf of the council;
(3) to coordinate with council staff;
				and
(4) to appoint subcommittees of
				the council as the chair deems necessary and advisable to enable the council to
				conduct its business in an efficient manner. Subcommittees will be composed of
				fewer than a quorum of the council membership and will make recommendations to
				the council on issues and matters as directed by the chair. Subcommittees will
				act in an advisory capacity to the council. Subcommittees may not take any
				final or binding action.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 1 - GENERAL PROVISIONS › Section 6.27.1.10 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A school
				district aggrieved by a decision or recommendation of the authority that is not
				otherwise subject to review and final decision by the council may appeal the
				matter to the council.
B. The
				following procedures will govern appeals.
(1)
				An aggrieved district must file an appeal to the council within thirty (30)
				days of the authority's decision or recommendation.
(2) The notice of appeal, including a
				statement of the grounds upon which the school district is aggrieved, must be
				filed with the authority. The authority will forward the notice of appeal to
				the chair within two (2) working days of receipt of the notice of
				appeal.
(3) The chairperson will
				inform the school district and the authority of the date, time and location of
				the hearing. No later than five (5) days prior to the hearing, the school
				district and the authority will exchange documents that will be relied upon in
				making presentations to the council. The authority will duplicate all documents
				and make copies available to council members.
(4) At the hearing, the school district, the
				authority and other interested parties may make informal presentations to the
				council in accordance with rules of order established by the chair.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Public School Capital Outlay Act, Sections
				  22-24-1 to
				  22-24-11
				  and
				  22-20-1
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to establish the general
				  provisions for rules filed in this chapter.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.8 - GENERAL PROVISIONS DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The council shall select the director of the authority, who shall serve at the
				pleasure of the council.
(1) The director may
				hire no more than two deputy directors with the approval of the council. The
				deputy directors shall serve at the pleasure of the director.
(2) The director shall hire, fire and
				otherwise take personnel actions for personnel as may be employed by the
				authority.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.9 - AUTHORITY DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				authority shall perform duties as provided by law and as directed by the
				council.
B. As required by law and
				rule, or in addition to such duties as set forth in law and rule, the authority
				shall:
(1) consult with the secretary of
				public education or the secretary's designee prior to recommending building
				standards for public school facilities to the council;
(2) maintain the statewide database that
				reflects the condition of each public school facility;
(3) develop, implement and maintain a uniform
				web-based facility information management systems (FIMS);
(4) assist public school districts with
				implementation and maintenance of FIMS;
(5) account for all distributions of grant
				assistance from the fund for which the initial award was made after July 1,
				2004, and make annual reports to the department, the governor, the legislative
				education study committee, the legislative finance committee, the public school
				capital outlay oversight task force and the legislature; and
(6) administer all appropriations, monies,
				projects, contracts, agreements, records, property, equipment and supplies
				previously administered by the deficiencies correction unit of the public
				school capital outlay council.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.10 - PRE-IMPLEMENTATION PHASE FOR PROJECTS FUNDED WHOLLY OR IN PART BY THE COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
The authority shall
:
A. assist districts in developing scope of
				project, budget, timeline for completion and best procurement method based on
				final budget;
B. work with the
				school district to determine:
(1) the
				feasibility of using design, build and finance arrangements for the public
				school capital outlay project;
(2)
				the potential use of more durable construction materials that may reduce
				long-term operating costs; and
(3)
				any other financing or construction concept that may maximize the dollar effect
				of the state grant assistance, including competitive proposal contracts entered
				into pursuant to rules adopted through a public rulemaking process in
				accordance with the Procurement Code.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.11 - OVERSIGHT AND IMPLEMENTATION OF PROJECTS FUNDED WHOLLY OR IN PART BY THE COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				authority shall:
(1) oversee the procurement
				process;
(2) require the use of
				standardized construction documents and the use of a standardized process for
				change orders;
(3) review plans and
				specifications for compliance with the statewide adequacy standards and all
				applicable codes and regulations;
(4) coordinate all required reviews and
				approvals;
(5) require standardized
				reporting and use of the construction information management system (CIMS) to
				monitor progress of projects;
(6)
				conduct periodic on-site inspections and inspection of documents to ensure
				compliance with project specifications;
(7) ensure timely payments for completed
				work;
(8) on or before the
				12th month following substantial completion of the
				project or phase, the authority will schedule a review of all project
				expenditures that apply to both the scope of work and to the statewide adequacy
				standards to insure that the overall expenditures align with the match
				percentages after necessary offsets and waivers as identified in the memorandum
				of understanding for the project; following mutual agreement on the overall and
				final financial project status, project balances will be reallocated by the
				council; all council awards must be fully reconciled and reallocated no later
				than eighteen (18) months after substantial completion; and
(9) maintain records for completed projects,
				including warranties.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public School Capital Outlay Council
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Public school capital outlay council, public school
				  facilities authority, and public school districts
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Public School Capital Outlay Act, Sections
				  22-24-1 to
				  22-24-11
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to establish application and
				  grant assistance procedures pursuant to the Public School Capital Outlay
				  Act.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.8 - GENERAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				authority shall present a proposed calendar and proposed application to the
				council prior to the beginning of the allocation cycle for a given
				year.
B. The council shall
				determine the estimated available funding for the allocation cycle for a given
				year. The authority, at the direction of the council, shall advise school
				districts of the funding available for each allocation cycle and the resultant
				potential applicant pool. In making the determination, the council shall
				consider prior awards for phased projects, contingencies, and phasing
				requirements as they pertain to current rankings and estimated
				funding.
C. Condition index
				ranking:
(1) In accordance with the calendar
				established by the council, the authority shall report to the council regarding
				the methodology used to determine the condition index ranking, including any
				recommendations for affirming or refining the methodology.
(2) The authority, in cooperation with school
				districts, shall regularly review and update the statewide data used to
				determine the condition index ranking. School districts shall regularly review
				and provide corrections of inaccurate or missing data to the authority with
				respect to the statewide data used to determine the condition index rating. In
				accordance with the timelines established by the council, the authority shall
				transmit the application, the calendar, the condition index rankings, and such
				other information as the council deems relevant to all school
				districts.
(3) A school district
				aggrieved by a determination of the authority regarding the condition index
				ranking of a public school under the authority of the district may appeal the
				matter to the council in accordance with the procedures established in
				6.27.1.10 NMAC. The appeal must specify the data that the school district
				believes to be erroneous.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.9 - STATE/LOCAL MATCH DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall notify the council and each school
				  district of the state/local match for each school district for every allocation
				  cycle in accordance with the calendar established by the council.
A. The match shall be calculated annually in
				accordance with the requirements of Paragraph (5) of Subsection B of Section
				22-24-5
				NMSA 1978. In calculating the match:
(1) the
				final prior year net taxable value for the school district means the net
				taxable value for the calendar year immediately preceding the calendar year in
				which the allocation is made;
(2)
				the MEM for the school district is the average full-time-equivalent enrollment
				of students attending public schools, including charter schools, in a school
				district on the eightieth and one hundred twentieth days of the prior school
				year; the state MEM is the total final funded MEM for the prior school year as
				reported by the department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.10 - SPECIAL APPROPRIATION REJECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The school district must determine whether
				to accept or reject any legislative appropriation made after January 1, 2003
				for non-operating purposes either directly to the subject school district or to
				another governmental entity for the purpose of passing the money through
				directly to the subject school district, but excluding educational technology
				appropriations made prior to January 1, 2005 and reauthorizations of
				appropriations previously made to the school district. This includes
				determinations with regard to direct appropriations for charter schools within
				the school district. After January 1, 2007, determinations regarding
				appropriations for non-operating purposes to a specific state-chartered charter
				school shall be made by the charter school unless the appropriation was
				previously used to calculate a reduction pursuant to this section regardless of
				whether the charter school is a state-chartered charter school at the time of
				the appropriation or later becomes a state-chartered school.
(1) The school district must notify the
				department of finance and administration and the public education department in
				writing that it is rejecting an appropriation prior to June 1 of the fiscal
				year during which the appropriation is made.
(2) The rejection of the direct appropriation
				must be supported by the affirmative action of the local school
				board.
(3) Submission of the
				completed questionnaire for a project funded by a direct legislative
				appropriation and the corresponding sale of the bonds will be deemed to
				constitute the school district's acceptance of the project.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.11 - PREVENTIVE MAINTENANCE PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each school district, including those school districts not applying for grant
				assistance pursuant to the Public School Capital Outlay Act, shall develop and
				implement a preventive maintenance plan meeting the requirements of this
				section.
B. A school district shall
				not be eligible for funding pursuant to Section
				22-24-5
				NMSA 1978 unless:
(1) the school district has
				implemented a preventive maintenance plan that has been approved by the
				council; and which plan has subsequently been updated within the last twelve
				(12) months for any changes in facilities, equipment, available resources, new
				policies, new procedures, and added capabilities; and
(2) the school district is effectively using
				the facility information management system (FIMS).
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.12 - APPLICATIONS: MINIMUM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The application must verify that the school district has submitted a five-year
				facilities plan. The facilities plan must include:
(1) enrollment projections, which are updated
				at the beginning of each fiscal year and reflect the final funded membership
				for the prior school year;
(2)
				projections for facilities needed to maintain a full-day kindergarten
				program;
(3) the school district's
				mission statement, facility goals and objectives, and the steps taken by the
				school district to address the priority of needs. The goals and objectives
				should address how the master plan supports the educational programs and needs
				of the district;
(4) a
				prioritization of the district's capital needs, including maintenance-related
				capital renewal;
(5) description of
				community involvement in the development of the master plan;
(6) if the application or master plan
				establish ranked priorities for public school capital outlay projects within
				the district that do not conform with the condition index rankings of public
				school buildings within the school district, the school district must provide a
				detailed explanation as to the rationale for the difference;
(7) a map of the school district addressing,
				at a minimum, the following factors: location of all current sites, land owned
				by the school district, location of any planned expansion (indicating whether
				the site is owned by the school district), school district growth areas and
				other school district facilities; and
(8) addressing of the facilities needs of
				charter schools located within the school district.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.13 - GRANT ASSISTANCE DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council shall consider all
				applications meeting the requirements of this rule and, after public hearing
				and consideration of recommendations by the authority and by any subcommittee
				that may be appointed by the chair for this purpose, approve those applications
				selected for grant assistance during the allocation cycle.
B. The council shall prioritize all
				applications using the statewide adequacy standards. The amount of outstanding
				deviation from the standards as shown in the New Mexico condition index ranking
				shall be used by the council in evaluating and prioritizing public school
				capital outlay projects; provided however, that the council may fashion such
				solutions to the needs established by the rankings as appropriate and also, in
				making its awards based on the priorities, the council may consider:
(1) the timeliness of a district's ability to
				provide its match;
(2) phasing
				possibilities or the ability to totally fund and complete a project;
(3) the need for additional planning
				time;
(4) the inability of a
				district to be able to effectuate multiple awards in terms of actual
				construction;
(5) the status of the
				district's financial audits;
(6)
				the impact on its educational program; and
(7) such other factors as the council may
				deem relevant or appropriate.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.14 - CALCULATION OF GRANT ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The amount of an award for grant assistance for a project shall be determined
				as follows:
(1) Total project cost means the
				total amount necessary to complete the public school capital outlay project
				less:
(a) any insurance reimbursement
				received by the school district for the project; and
(b) any amount attributable to costs
				associated with aspects of a project that exceed the statewide adequacy
				standards.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.15 - PORTABLE CLASSROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				council may authorize expenditures from the public school capital outlay fund
				to purchase portable classroom buildings for loan to school districts to meet a
				temporary requirement. The council has authorized the authority to administer
				its portable classroom loan program in the manner set forth in this rule.
				Purchases of portable classroom buildings not associated with a capital outlay
				project award require specific authorization by the council. When an award
				includes provisions to use allocations from the public school capital outlay
				fund to purchase portable classroom buildings as part of that project, no
				further approval is required from the council for the portables to be
				purchased. Such portables, however, remain the property of the council, and
				when they are no longer needed by a school district because of the construction
				of permanent facilities, the school district shall return the portables to the
				authority. Nothing in this rule applies to portable classroom buildings
				purchased with school district funds. Should a school district find that it no
				longer needs a portable classroom building purchased with school district
				funds, the authority, may purchase the portable classroom building from the
				school district. Such a purchase would need council approval only if the
				purchase is not associated with a capital outlay award for another
				district.
B. The authority shall
				develop applications for loan, transfer or return of state-owned portable
				classroom buildings. Applications shall be signed by the school district
				superintendent and shall be delivered to the authority regional manager of the
				region in which the school district is located. The application for loan of
				portable classrooms shall address, at a minimum:
(1) the need for loan of portable classrooms,
				including explanation of why the needs of district cannot be met using existing
				facilities;
(2) description of the
				proposed use of portable classrooms;
(3) the anticipated duration of the
				loan;
(4) the ability of the
				district to maintain and provide insurance of the portable classrooms while in
				the custody of the district, and that the portable classrooms will be included
				in the district preventive maintenance program;
(5) the number of units requested;
				and
(6) the anticipated duration of
				the loan.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.16 - ASSISTANCE FOR PUBLIC SCHOOL LEASE PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications for assistance to school
				districts for the purpose of making lease payments for classroom facilities
				shall be made to the authority by the school district. Classroom facilities
				include the space needed, as determined by the minimum required under statewide
				adequacy standards for the direct administration of school activities. Only
				charter schools are eligible to receive grants for the purpose of assistance
				with making lease payments for classroom facilities pursuant to a lease
				purchase agreement. Applications for such lease assistance on behalf of locally
				chartered charter schools shall be made to the authority through the school
				district; provided, however, that if the school district fails to make an
				application on behalf of a charter school, the charter school may submit its
				application directly to the authority. A state chartered charter school shall
				submit its application directly to the authority. The application must contain
				all supporting documentation, including:
(1) a
				copy of the lease or lease purchase agreement;
(2) the annualized cost of the lease for the
				fiscal year for which the school seeks assistance; and
(3) the MEM using leased classroom
				facilities, as determined by calculating:
(a)
				the average full-time-equivalent enrollment using leased classroom facilities
				on the eightieth and one hundred twentieth days of the prior school year;
				or
(b) in the case of an approved
				charter school that has not commenced classroom instruction, the estimated
				full-time-equivalent enrollment that will use leased classroom facilities in
				the first year of instruction, as shown in the approved charter school
				application, provided that, after the eightieth day of the school year, the MEM
				shall be adjusted to reflect the full-time-equivalent enrollment on that
				date.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.17 - ASSISTANCE FOR FACILITY MASTER PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All facility master plans are required to
				meet the requirements and guidelines of the authority's school district
				facilities master plan components and guidelines.
B. Council assistance will be granted only to
				create a new facility master plan and upon expiration of a current plan, except
				in cases of high growth within a school district which may warrant modification
				of the plan prior to expiration of its five-year term. Annual updates to
				existing master plans are the responsibility of the school district.
C. The school district shall not be under
				current contract with a facilities master plan contractor prior to award by the
				council to be eligible for funding in the award cycle.
D. The facilities master plan shall be
				completed and reviewed by the authority within one year of the grant award or
				awarded funds may revert.
E. Except
				as provided in Paragraph (1) below, no grant for facilities master planning
				shall be made unless the council determines that the school district is willing
				and able to pay the local portion of the total cost of developing or updating
				the facility master plan. The local portion shall be determined pursuant to
				6.27.3.9 NMAC.
(1) An allocation from the
				fund may be used to pay the total cost of developing or updating the facility
				master plan if;
(a) the school district has
				fewer that an average of six hundred full-time-equivalent students on the
				eightieth and one hundred twentieth days of the prior school year; or
(b) the school district meets all of the
				following requirements;
(i) the school
				district has fewer than an average of one thousand full-time equivalent
				students on the eightieth and one hundred twentieth days of the prior school
				year;
(ii) the school district has
				at least seventy percent of its students eligible for free or reduced-fee
				lunch;
(iii) the state share of the
				total cost, if calculated pursuant to the methodology in Paragraph (5) of
				Subsection B of Section
				22-24-5
				NMSA 1978, would be less than fifty percent; and
(iv) for all educational purposes, the school
				district has a residential property tax rate of at least seven dollars on each
				one thousand dollars ($1,000) of taxable value, as measured by the sum of all
				rates imposed by resolution of the local school board plus rates set to pay
				interest and principal on outstanding school district general obligation
				bonds.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS › Section 6.27.3.18 - CHARTER SCHOOL FACILITIES REQUIREMENTS AND GRANT ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facilities
				of a charter school approved on or after July 1, 2005 and before July 1, 2010
				shall meet educational occupancy standards required by applicable New Mexico
				construction codes. Existing facilities of a charter school approved prior to
				July 1, 2005 shall be evaluated, prioritized and eligible for grants pursuant
				to the Public School Capital Outlay Act in the same manner as all other public
				schools; provided that for charter schools in leased facilities, grants may
				only be used as additional lease payments for leasehold improvements.
B. On or after July 1, 2010, an application
				for a charter shall not be approved and an existing charter shall not be
				renewed unless the charter school:
(1) is
				housed in a public facility that is:
(a) 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
				one of its agencies or a tribal government; and
(b) subject to evaluation and prioritization
				and eligible for grants pursuant to the Public School Capital Outlay Act in the
				same manner as all other public schools in the state; or
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 4 - POST-GRANT PROCEDURES › Section 6.27.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Public School Capital Outlay Act, Section
				  22-24-5
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 4 - POST-GRANT PROCEDURES › Section 6.27.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 4 - POST-GRANT PROCEDURES › Section 6.27.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to establish the post-award
				  grant assistance procedures for grants made by the public school capital outlay
				  council.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 4 - POST-GRANT PROCEDURES › Section 6.27.4.8 - NOTIFICATION OF AWARD OF GRANT ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The authority will notify school districts of grant
				  assistance by a certified letter, return receipt requested. The notification
				  will include:
A. the amount allocated
				for a specific project;
B. any
				contingencies upon or conditions for the award established by the council;
				and
C. the requirement that the
				district must provide written notice to the council or its designated staff of
				acceptance or rejection of the award. If the award is not accepted within
				thirty (30) days of receipt of the award letter, the council may consider the
				award rejected.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide statewide adequacy
				  standards for public school buildings and grounds. The application of these
				  standards shall be limited to space and attributes needed to support
				  educational programs and curricula, defined and justified as required by public
				  education department standards and benchmarks, and that is sustainable within
				  the operational budget for staffing, maintenance, and full utilizations of the
				  facilities. The New Mexico public school statewide adequacy standards are
				  dynamic and the council plans to review them periodically, and amend them as
				  time and circumstances require. These standards are intended for use in the
				  evaluation of baseline requirements for existing public school facilities and
				  are not intended to limit the flexibility of design solutions for new
				  construction and renovation projects. The New Mexico public school adequacy
				  planning guide is a companion document provided by the state for use in the
				  programming and design of school projects . The New Mexico public school
				  adequacy planning guide is incorporated by reference into these standards, and
				  may be amended by the council with adequate notice and input from the
				  public.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Public School Capital Outlay Act, Section
				  22-24-5
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2002, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico public school statewide adequacy standards
				  establish the acceptable levels for the physical condition and capacity of
				  school buildings, the educational suitability of those facilities and the need
				  for technological infrastructure at those facilities. The standards are not
				  intended to restrict a facility's maximum size.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
These standards are not intended to supersede or omit,
				  compliance with applicable building and fire code or any other code,
				  regulation, law or standard that has been adopted by state agencies.
A. Building condition. A school facility must
				be safe and capable of being maintained.
(1)
				Structural. A school facility must be structurally sound. A school facility
				shall be considered structurally sound and safe if the building presents no
				imminent danger or major visible signs of decay or distress.
(2) Exterior envelope. An exterior envelope
				is safe and capable of being maintained if:
(a) walls and roof are weather tight under
				normal conditions with routine upkeep; and
(b) doors and windows are weather tight under
				normal conditions with routine upkeep; and
(c) the building structural systems support
				the loads imposed on them.
(3) Interior surfaces. An interior surface is
				safe and capable of being maintained if it is:
(a) structurally sound;
(b) capable of supporting a finish;
				and
(c) capable of continuing in
				its intended use, with normal maintenance and repair.
(4) Interior finishes. An interior finish is
				safe and capable of being maintained if it is:
(a) free of exposed lead paint;
(b) free of friable asbestos; and
(c) capable of continuing in its intended
				use, with normal maintenance and repair.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.9 - CLASSIFICATION OF PUBLIC SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
The classifications for public schools, including charter
				  schools, under these standards are:
A.
				Elementary school
B. Middle
				school/junior high school
C. High
				school
D. Combination
				school
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.10 - SCHOOL SITE

Current through Register Vol. 35, No. 13, July 16, 2024
A school site shall be of sufficient size to accommodate
				  safe access, parking, drainage and security. Additionally, the site shall be
				  provided with an adequate source of water and appropriate means of effluent
				  disposal.
A. Safe access and
				circulation. A school site shall be configured for safe, controlled access and
				on-site circulation. It shall have clearly identified and visually-observable
				pedestrian and vehicular pathways extending from the site perimeter to the main
				building entrance. Pedestrian and vehicular traffic, including service vehicle
				traffic shall be safely separated on site. If buses are used to transport
				students then separate bus loading/unloading areas shall be provided wherever
				possible. Dedicated student drop-off and pickup areas shall be provided for
				safe use by student passengers arriving or departing by automobile.
B. Staff, student and visitor parking. A
				school site shall include a maintainable surfaced area that is stable, firm and
				slip resistant and is large enough to accommodate 1.5 parking spaces /staff FTE
				and 1 student space /4 high school students. If this standard is not met,
				alternative parking may be approved after the sufficiency of parking at the
				site is reviewed by the council using the following criteria:
(1) availability of street parking around the
				school;
(2) availability of any
				nearby parking lots;
(3)
				availability of public transit;
(4)
				number of staff who drive to work on a daily basis; and
(5) average number of visitors on a daily
				basis.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.11 - SITE RECREATION AND OUTDOOR PHYSICAL EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A school facility shall have area, space and fixtures, in
				  accordance with the standard equipment necessary to meet the educational
				  requirements of the public education department, for physical education
				  activity.
A. Elementary school. Safe
				play area(s) and playground(s) including hard surfaced court(s) or unpaved
				recreation area(s) shall be conveniently accessible to the students. Play
				area(s) and appropriate equipment for physical education and school
				recreational purposes shall be provided based on the planned school program
				capacity. Pre-kindergarten and kindergarten students will require a fenced or
				walled playground area convenient to the pre-kindergarten and kindergarten
				classroom(s), with age-appropriate playground equipment.
B. Middle school/junior high school. Hard
				surfaced court(s) and playing field(s) for physical education activities shall
				be provided. Playing field(s) and equipment shall be based on the planned
				school program capacity or average enrollment.
C. High school. A paved multipurpose play
				surface and a playing field for physical education activities shall be
				provided. Playing fields and equipment shall be based on the planned school
				program capacity or average enrollment.
D. Combination school. A combination school
				shall provide the elements of the grades served by Subsections A, B and C above
				without duplication, but shall meet the highest standard.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.12 - OCCUPIABLE SPACE

Current through Register Vol. 35, No. 13, July 16, 2024
All occupiable space within the building(s) shall meet or
				  exceed the general requirements listed below:
A. Classroom space. Classroom space shall be
				sufficient for appropriate educational programs for the class level
				needs.
B. Fixtures and equipment.
(1) Each general and specialty classroom
				shall contain a work surface and seat for each student in the classroom. The
				work surface and seat shall be appropriate for the normal activity of the class
				conducted in the room.
(2) Each
				general and specialty classroom shall have an erasable surface and a surface
				suitable for projection purposes, appropriate for group classroom instruction,
				and a display surface. A single surface may meet one or more of these
				purposes.
(3) Each general and
				specialty classroom shall have storage for classroom materials or access to
				conveniently located storage.
(4)
				Each general and specialty classroom shall have a work surface and seat for the
				teacher and for the aide assigned to the classroom, and it shall have secure
				storage for student records that is located in the classroom or is convenient
				to access from the classroom.
(5)
				Occupiable administrative and facility support spaces shall meet or exceed
				requirements for the minimum fixtures and equipment necessary for functions
				performed within.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 30 - STATEWIDE ADEQUACY STANDARDS › Section 6.27.30.13 - GENERAL USE CLASSROOMS (LANGUAGE ARTS, MATHEMATICS AND SOCIAL STUDIES)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Cumulative
				classroom net sf requirements, excluding in-classroom storage space, shall be
				at least:
(1) Pre-Kindergarten - Kindergarten
				50 net sf/student
(2) Grades 1 - 5
				32 net sf/student
(3) Grades 6 - 8
				28 net sf/student
(4) Grades 9 - 12
				25 net sf/student