reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 3 - PROCEDURES FOR THE PAYMENT OF SETTLEMENT AGREEMENTS › Section 6.20.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Administrator"
				means an individual licensed in education administration and employed in an
				administrative capacity, including but not limited to superintendents,
				assistant superintendents, principals, and assistant principals.
B. "Department" means the public education
				department (PED).
C. "Local school
				board" means the governing body of a school district or charter
				school.
D. "Secretary" means the
				secretary of public education.
E.
				"Superintendent" means the superintendent of schools of the local school
				district.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 3 - PROCEDURES FOR THE PAYMENT OF SETTLEMENT AGREEMENTS › Section 6.20.3.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following
				procedures will be adhered to if a local board or charter school intends to use
				public funds to make payment pursuant to a settlement agreement entered into
				with an administrator as a result of a contract termination.
(1) As soon as it becomes apparent that a
				local board or charter school intends to take such action, the board or the
				superintendent will immediately notify the secretary of such an intention in
				writing.
(2) No amount of money
				from the school district or charter school's budget will be allowed to be paid
				pursuant to any settlement agreement which does not have the prior written
				approval of the secretary or his/her designee. Any request for approval by the
				secretary must be accompanied by a detailed statement outlining:
(a) the dispute between the local board and
				the administrator;
(b) a
				description of the negotiations leading to the settlement agreement;
(c) a detailed accounting of the damages
				which have been or may be incurred, including any setoff due to the
				administrator's mitigation of any damages;
(d) a copy of all pleadings to be filed with
				the court relative to the dispute; and
(e) a copy of the administrator's current
				employment contact.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 3 - PROCEDURES FOR THE PAYMENT OF SETTLEMENT AGREEMENTS › Section 6.20.3.9 - UNAUTHORIZED PAYMENTS TO ADMINISTRATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A settlement with and subsequent payment
				to an administrator made prior to obtaining written approval of the secretary
				shall be considered an unauthorized payment.
B. An unauthorized payment may be considered
				mismanagement and may constitute grounds for suspension of the local school
				board from acting as a board of finance.
C. An unauthorized payment may constitute a
				violation of the anti-donation clause of the New Mexico constitution and may be
				reported to the attorney general or state auditor, or be subject to further
				civil or criminal referrals or other sanctions.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 4 - DEFINITIONS OF FULL-TIME AND PART-TIME SCHOOL INSTRUCTORS › Section 6.20.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to local school boards, local school
				  districts and certified school instructors.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 4 - DEFINITIONS OF FULL-TIME AND PART-TIME SCHOOL INSTRUCTORS › Section 6.20.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Sections
				  22-2-1
				  and
				  22-2-2,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 4 - DEFINITIONS OF FULL-TIME AND PART-TIME SCHOOL INSTRUCTORS › Section 6.20.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1999, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 4 - DEFINITIONS OF FULL-TIME AND PART-TIME SCHOOL INSTRUCTORS › Section 6.20.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide local school boards
				  and local school districts with a definition of full-time and part-time school
				  instructors.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 4 - DEFINITIONS OF FULL-TIME AND PART-TIME SCHOOL INSTRUCTORS › Section 6.20.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Full-time
				school instructors" are certified school instructors who occupy positions the
				duties of which require them to be on the job on school days, throughout the
				school year, at least the number of hours the schools in the system are in
				session.
B. "Part-time school
				instructors" are certified school instructors who occupy positions the duties
				of which require less than full time service. This includes those employed
				full-time for part of the school year, part-time for all of the school year,
				and part-time for part of the school year.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to local school boards and local school
				  districts.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Section
				  22-18A-4,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 1999
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes procedures and requirements to provide
				  principal and interest due on outstanding school district general obligation
				  indebtedness in the event ad valorem taxes or other revenues of the public
				  school district are either insufficient or are not received by the public
				  school district at the time due or anticipated.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "School District
				Loan Act" means the act, Sections
				22-18A-1
				through 5 NMSA 1978, creating a revolving loan fund to provide loans when
				property tax proceeds are insufficient to meet debt service on general
				obligation indebtedness.
B. "Public
				school district general obligation bond loan fund" means the revolving loan
				fund created in the state treasury as an additional source for payments of
				principal and interest due on public school district general obligation
				indebtedness already incurred or incurred in the future or for payments of any
				other obligations arising in connection with that indebtedness.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.8 - FINANCIAL CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
If it is determined by the public education department and
				  the department of finance and administration that there are insufficient ad
				  valorem taxes or other public school district revenues to meet a payment of
				  principal or interest due on public school district general obligation
				  indebtedness or to meet any other obligation arising in connection with that
				  indebtedness lawfully payable from ad valorem taxes, or that the receipt of ad
				  valorem taxes or other revenues to be used to make any such payment will be
				  delayed and not available to make the payment when due, the public education
				  department and the department of finance and administration may request the
				  state board of finance to direct a temporary transfer of a sufficient amount of
				  money to the public school district general obligation loan fund so that the
				  payment becoming due may be made and a default avoided.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.9 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Application procedures:
A. A public school district may apply for a
				loan from the public school district general obligation bond loan fund upon
				certification by the local board of education that there are insufficient ad
				valorem taxes or other school district revenues to meet the payment of
				principal or interest or both, due on the school district's general obligation
				indebtedness or to meet other obligations arising in connection with that
				indebtedness lawfully payable from ad valorem taxes, or that the receipt of ad
				valorem taxes to make such payment will be delayed and not be available to make
				the payment when due.
B. The
				application will be made on forms developed by the public education department
				and will require the following minimum information from the applicant public
				school district:
(1) a detailed explanation
				as to the reasons for the public school district's inability to meet its
				general obligation indebtedness;
(2) a certified statement from the local
				board of education of the public school district's current financial
				status;
(3) a detailed explanation
				on efforts taken by the public school district to generate additional revenues
				to meet its general obligation indebtedness;
(4) a proposed repayment schedule by the
				applicant public school district must be submitted with the application; such
				proposed repayment schedule shall be for a period of time not to exceed five
				(5) years.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.10 - REPAYMENT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				loan shall be made for a period of time not to exceed five years with an annual
				interest rate to be the lesser of five (5) percent or a rate of interest
				determined by the public education department comply with federal arbitrage
				requirements.
B. The loan shall be
				repaid in annual installments as determined by the public education department
				in consultation with the department of finance and administration.
C. Notwithstanding, the provisions of
				Subsections A and B of 6.20.5.10 NMAC, loans made to a public school district
				to meet its general obligation indebtedness due to late or delayed receipts of
				ad valorem taxes shall be repaid within ten (10) working days following receipt
				of these taxes in order to reduce interest expenses.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 20 - PUBLIC SCHOOL FINANCE - BUDGETING AND ACCOUNTING › Part 5 - PROCEDURES FOR PROVIDING PUBLIC SCHOOL DISTRICTS WITH FINANCIAL ASSISTANCE REGARDING GENERAL OBLIGATION INDEBTEDNESS › Section 6.20.5.11 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held invalid, the
				  remainder or its application to other situations or persons shall not be
				  affected.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all public school districts,
				  post-secondary institutions, state supported schools, state agencies, private
				  nonprofit organizations, and other entities receiving state appropriated funds
				  or federal funds through the department, and for direct grant programs for
				  which the department has monitoring and enforcement responsibility and
				  authority. This rule does not apply to federal or state funds received through
				  the division of vocational rehabilitation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. New
				Mexico State Constitution, Article XII, Section 6, and the Public School Code,
				Section 22-1- 1, et seq., set forth the responsibilities, powers, and duties of
				the public education department pertaining to the control, management and
				direction, including financial direction, distribution of school funds, and
				financial accounting of all public schools, pursuant to authority and powers
				provided by law.
B. Office of
				Management and Budget (OMB) Circular A-133, Audits of States, Local
				Governments, and Non-Profit Organizations, issued under the authority of 31
				United States Code (U.S.C.) Sections 503, 1111, and 7501 et. seq. and Executive
				Orders 8248 and 11541. OMB Circular A-133 was issued pursuant to the Single
				Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996,
				P.L.
				104-156. It sets forth standards for obtaining
				consistency and uniformity among federal agencies for the audits of states,
				local governments, and non-profit organizations expending federal
				awards.
C.
									20 U.S.C. Section
				1231 b-2 (a) provides for any applicant or
				recipient aggrieved by the final action of the department may, within 30 days
				of such action by the department, request a hearing alleging a violation of
				state or federal law, rules, regulations, or guidelines governing the
				applicable program in:
(1) disapproving or
				failing to approve its application or program in whole or in part;
(2) failing to provide funds in amounts in
				accord with the requirements of law and regulation;
(3) ordering, in accordance with a final
				state audit resolution determination, the repayment of misspent or misapplied
				federal funds; or
(4) terminating
				further assistance for an approved program.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standard operating
				  procedures covering the audit resolution process (ARP) as it relates to federal
				  and state funds and to set forth the application hearing process as provided
				  for by federal statutes and regulations. These standard operating procedures
				  further set forth the process by which the department may enforce federal and
				  state requirements under any applicable program.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Applicant"
				means a party requesting a subgrant under a program of the
				department.
B. "Audit(s)" means an
				audit(s) of a subgrantee which is either conducted by an independent auditor
				(certified public accountant) in accordance with the Single Audit Act of 1984,
				as amended or the Audit Act, Sections,
				12-6-1
				through
				12-6-14 NMSA
				1978, or those audits/monitoring reviews/program evaluations conducted by
				department personnel.
C. "Audit
				finding" means a written explanation of errors, noncompliance with legal
				requirements, use of funds for improper purposes, weakness; deficiencies,
				adverse conditions, or the need for improvement or changes.
D. "Audit recommendation" means a written
				suggestion/recommendation for specific action to correct a deficient condition,
				prevent a recurrence of the condition, and to alleviate the adverse effect of
				the condition or request repayment of funds used improperly.
E. "Audit resolution process" means a method
				by which audit finding(s) and recommendation(s) are resolved in a uniform and
				timely manner and within a predetermined time frame.
F. "Crosscutting issues" means audit
				finding(s) applicable to the overall operation (i.e., internal control,
				procurement, inventory, etc.).
G.
				"Days" means calendar days unless specified as workdays.
H. "Department" means the public education
				department.
I. "Direct grants"
				means those federal funds which flow directly from the federal government to a
				grantee.
J. "Enforcement process"
				means a mechanism by which the department may enforce the federal or state
				requirements under any applicable program.
K. "Final letter of determination/notice of
				intended action" means a letter issued by the department setting forth:
(1) notice of intent to disapprove or failure
				to approve en application or program in whole or in part;
(2) notice ordering, in accordance with the
				department audit resolution determination, the repayment of misspent or
				misapplied federal funds;
(3)
				notice terminating further assistance for an approved program;
(4) notice of intent to suspend partially or
				entirely the distribution of federal funds; and
(5) notice ordering in accordance with a
				final state audit resolution determination, compliance with the audit
				resolution request.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.8 - PROCESSING AUDIT REPORTS CONDUCTED IN ACCORDANCE WITH THE SINGLE AUDIT ACT OF 1984, AS AMENDED, OMB CIRCULAR A-133, AND/OR THE STATE AUDIT ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose of
				audits: Audits conducted in accordance with the Single Audit Act of 1984, as
				amended, OMB Circular A-133 and/or the Audit Act Sections
				12-6-1
				through
				12-6-14 NMSA 1978
				serve to provide the department with information on activities performed under
				subgrants. These audits provide an opinion as to whether legal requirements
				regarding expenditure of funds are being met with regard to:
(1) contract, grant, subgrant or cooperative
				agreement obligations are met;
(2)
				all applicable federal and state laws, rules, and regulations are being adhered
				to;
(3) claimed costs are eligible;
				and
(4) adequate internal control
				systems are in place.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.9 - APPLICANTS OR SUBGRANTEES AGGRIEVED BY FINAL LETTER OF DETERMINATION OR NOTICE OF INTENDED ACTION - OPPORTUNITY FOR A HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope: The procedures set forth in this
				section shall be implemented to comply with the statutory and regulatory
				requirements of
				20 U.S.C. Section
				1231 b-2(a) and
				34 CFR
				76.401 so as to afford the opportunity for a
				hearing to any applicant or subgrantee aggrieved by a final action of the
				department and alleging a violation of state or federal law, rules,
				regulations, or guidelines governing the applicable program with regard to the
				department's (i) disapproving or failing to approve its application or program
				in whole or in part; (ii) failing to provide funds in amounts in accord with
				the requirements of laws and regulations; (iii) ordering, in accordance with
				the department's audit resolution determination, the repayment of misspent or
				misapplied federal funds; or (iv) terminating further assistance for an
				approved program.
(1) The department will, if
				required by federal statute or regulation, provide an opportunity for a hearing
				prior to disapproval of the application.
(2) If the department is not required to
				provide the opportunity for a hearing prior to the disapproval of the
				application, the department will provide the opportunity for the hearing either
				before or after disapproval of the application.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.10 - FEDERAL FUNDS ENFORCEMENT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope
(1) This section shall apply only to those
				actions encompassed by
				20
				U.S.C. 1232 c(b) and shall not apply to those
				actions encompassed by
				20 U.S.C. Section
				1231 b-2(a) that are subject to the
				procedures set forth in section 9.
(2) Notwithstanding any other remedies
				available to the department, and specifically reserving such remedies, the
				department, in order to enforce the federal requirements under any applicable
				program, may:
(a) withhold approval, in whole
				or in part, of an application for funds under an applicable program until the
				department is satisfied that the federal requirements will be met; except the
				department shall not finally disapprove an application unless the department
				provides an opportunity for a hearing before an impartial hearing officer and
				such officer determines that there has been a substantial failure to comply
				with any of such requirements;
(b)
				suspend payments, in whole or in part, under an applicable program if the
				department has reason to believe that there has been substantial failure to
				comply with any of such requirements;
(i) the
				department shall not suspend such payments until fifteen (15) days after the
				department provides an opportunity to show cause why such action should not be
				taken;
(ii) no suspension shall
				continue in effect longer than sixty (60) days unless the department within
				such period provides the notice for a hearing required under Subsection A.,
				Paragraph (2), Subparagraph (c) of 6.21.2.10 NMAC;
(c) withhold payments, in whole or in part,
				under any such program if the department finds, after reasonable notice and
				opportunity to be heard before an impartial hearing officer, that the
				subgrantee has failed substantially to comply with any such requirements; any
				withholding of payments shall continue until the department is satisfied that
				there is no longer a failure to comply substantially with any of such
				requirements.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.11 - STATE FUNDS ENFORCEMENT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Scope: This section shall apply to the accountability of state funds where
				there is a failure to correct a deficiency cited in an audit. The remedies set
				forth in this section may be used only after the department has requested in
				writing that the deficiency or deficiencies in question be corrected and there
				has been a failure to correct the deficiency or deficiencies after a reasonable
				opportunity to do so. When applicable, the department may avail itself of any
				of the remedies hereinafter set forth in this section, notwithstanding the fact
				that other remedies are available to or may have been used by the
				department.
B. Procedures: In order
				to enforce the provisions of the Public School Code of the state of New Mexico,
				Section
				22-1-1 et.
				seq., NMSA 1978, any other applicable state or federal law, or as a result of
				an unresolved audit finding, the department may, pursuant to applicable state
				law:
(1) recommend suspension of a local
				school board which has been designated as its own board of finance from acting
				as a board of finance if the secretary of public education reasonably believes
				there is mismanagement, improper recording or improper reporting of public
				school funds under the local school board's control, in accordance the
				provisions of Sections
				22-8-39
				NMSA 1978;
(2) disapprove
				instructional unitsor administrative functions which are determined to be
				detrimental to the educational process in accordance with the provisions of
				Section
				22-2-14
				NMSA 1978;
(3) suspend from
				authority and responsibility any local school board, which has notice of
				disapproval and fails to comply with procedures of Subsection B, Paragraph (2)
				of 6.21.2.11 NMAC in accordance with the provisions of Section
				22-2-14
				NMSA 1978;
(4) institute legal
				proceedings for violation or enforcement of the Public School Code in
				accordance with the provisions of Sections
				22-2-2
				and
				22-8-42
				NMSA 1978;
(5) refer audit
				finding(s) to the proper law or other enforcement agency (ies) as
				appropriate;
(6) institute legal
				proceedings of other enforcement provisions as provided by any applicable state
				law.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 21 - PUBLIC SCHOOL FINANCE - AUDIT › Part 2 - AUDIT RESOLUTION PROCESS, APPLICATION HEARING PROCESS, ENFORCEMENT PROCESS › Section 6.21.2.12 - CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
If any statute or regulation governing any federal program
				  subject to this rule affords procedural rights exceeding those set forth in
				  this rule, or otherwise establishes additional or inconsistent requirements,
				  such statutory or regulatory right(s) shall be afforded and such requirements
				  shall govern.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 2 - ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND[REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[The State Board of Education has repealed 6.22.2 NMAC (filed
				as 6 NMAC 8.2.1) ALLOCATION AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND.
				Laws 2003, Chapter 394 transferred the authority from the State Board of
				Education to the Commission on Higher Education to establish an equitable
				formula for distribution of the adult basic education fund and to distribute
				the fund pursuant to the formula.]
[See 5.3.13 NMAC]
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1
				  and
				  22-8B-14,
				  NMSA 1978
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 15, 2008, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the application process and requirements for
				  start-up charter schools to request financial support for start-up costs and
				  initial costs associated with renovating or remodeling existing public
				  buildings and structures.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Authorizer"
				means either a local school board or the commission that permits the operation
				of a charter school.
B. "Charter
				school" means a conversion school or start-up school authorized by a chartering
				authority to operate as a charter school.
C. "Chartering authority" means either a
				local school board or the commission.
D. "Commission" means the public education
				commission.
E. "Conversion school"
				means an existing public school within a school district that was authorized by
				a local school board to become a charter school.
F. "Department" means the public education
				department.
G. "Division" means the
				charter school division of the department.
H. "Governing body" means the governing body
				of a charter school as set forth in the school's charter.
I. "Secretary" means the New Mexico secretary
				of public education.
J. "Start-up
				cost" means the initial costs associated with opening a start-up
				school.
K. "Start-up school" means
				a public school developed by one or more parents, teachers or community members
				authorized by a chartering authority to become a charter school.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.8 - CONTENTS OF APPLICATION FOR CHARTER SCHOOL STIMULUS FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The charter school shall submit an application to the
				  division which shall include the following descriptions, outlines and
				  plans.
A. The official minutes of the
				meeting at which the chartering authority approved the charter school
				application.
B. The amount of funds
				requested.
C. A budget plan that
				specifies in detail on what items of start-up cost the charter school will
				expend the funds and a specific time line for those expenditures.
D. A description of other resources or
				matching funds to be used in conjunction with the charter school stimulus
				funds.
E. A description of how
				these expenditures will support the establishment and initial operations of the
				charter school.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.9 - ALLOWABLE START-UP COST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Start-up cost are limited to obligations which were incurred by the charter
				school on or after the date of the award letter granting the charter school
				stimulus funds and which were included in the charter school's stimulus budget
				as approved by the division.
B. The
				division may approve the use of stimulus funds for the reasonable and necessary
				cost for initial start-up of a charter school which may include furniture,
				equipment, classroom and administrative supplies and materials, curriculum
				materials, technology, professional development, consultant, architect and
				attorney fees, other necessary professional, educational or financial services
				and initial costs associated with renovating or remodeling of existing public
				buildings and structures.
C.
				Stimulus funds shall not be used for payment of salaries, out-of-state travel,
				and attorney costs for litigation or advice relating to litigation or any
				potential legal issues that are not directly related to start-up activities.
				The division shall not approve the use of stimulus funds for any costs
				associated with renovating or remodeling of existing non-public buildings and
				structures.
D. The division's
				approval or disapproval of allowable start-up costs shall be final and cannot
				be appealed to the secretary.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 22 - PUBLIC SCHOOL FINANCE - ALLOCATION AND DISTRIBUTION › Part 3 - CHARTER SCHOOL STIMULUS FUND › Section 6.22.3.10 - DISTRIBUTION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall recommend to the secretary an amount to be awarded to the
				charter school based on approved start-up costs and projected
				enrollment.
B. The secretary shall
				issue an award letter that specifies the amount of stimulus funds the charter
				school shall receive and the period of time those funds will be available to
				the school.
C. Upon receipt from a
				charter school of a payment request with invoices or other supporting
				documentation required by the division, the division shall verify that the
				expenditures are allowable in order to approve, partially approve or deny the
				payment request.
D. All charter
				school stimulus funds awarded to a charter school must be expended or obligated
				within eighteen months from the date of the award letter.
E. Charter schools that receive charter
				school stimulus funds shall file periodic financial reports, as required by the
				department, to account for all stimulus funds awarded to the charter
				school.
F. If the charter school
				receives charter school stimulus funds and fails to expend all funds awarded
				within eighteen months from the date of the award letter, the charter school
				shall immediately reimburse the balance of any remaining charter school
				stimulus funds to the department.
G. If the charter school receives charter
				school stimulus funds and fails to begin operating within eighteen months from
				the date of the award letter, the charter school shall immediately reimburse
				all charter school stimulus funds to the department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
6.23.3 NMAC governs the establishment and procedures for
				  regional education cooperatives
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-2B-3,
				  22-2B-4,
				  and
				  22-2B-5
				  NMSA 1978
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes minimum criteria for the establishment,
				  operation, and oversight of regional education cooperatives and authorizes the
				  establishment of additional regional education cooperatives if the secretary
				  determines that the establishment and operation of such additional regional
				  education cooperatives will not be detrimental to the delivery of services by
				  the existing regional education cooperatives.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Council" means
				a regional education coordinating council.
B. "Cooperative" means a regional education
				cooperative as authorized by the secretary pursuant to this rule.
C. "IDEA-Part B" means Part B of the
				Education of the Handicapped Act of 1975, amended and redesignated as the
				Individuals with Disabilities Education Act.
D. "Local school board" means the governing
				body of a school district.
E.
				"Department" means the public education department.
F. "Secretary" means the secretary of public
				education.
G. "'State agency' or
				'state institution"' means an entity enumerated in Section 22-1-2(X) NMSA
				1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.8 - ESTABLISHMENT OF REGIONAL EDUCATION COOPERATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary may authorize the existence
				and operation of one or more cooperatives.
(1)
				The authorization process is initiated by the receipt of applications and
				supporting resolutions requesting such authorization by two or more local
				school boards. By application of their governing authorities, state agencies or
				state institutions may be included.
(2) No local school board or state agency or
				state institution may be a member of more than one cooperative.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.9 - REGIONAL EDUCATION COORDINATING COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each cooperative shall be governed by a
				regional education coordinating council ("council").
(1) Each council will develop and adopt
				by-laws for the purpose of the governance of the cooperative.
(2) The by-laws shall include the following
				provisions:
(a) procedures for electing a
				council chairperson;
(b) the term
				of office for the council chairperson;
(c) procedures to establish any committees
				the council may deem necessary or desirable; and
(d) procedures to amend the by-laws as the
				council deems necessary or desirable.
(3) The council shall be composed of the
				superintendents or chief administrative officers of each local school district
				or state agency or state institution participating in the
				cooperative.
(4) Members of each
				council shall elect a chairperson from its members.
(5) Meetings of the council shall be held at
				the call of the chairperson, subject to the council's open meetings policy and
				the Open Meetings Act, Sections
				10-15-1
				through
				10-15-4, NMSA
				1978.
(6) A meeting of a majority
				of the members of the council constitutes a quorum for the purpose of
				conducting business.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.10 - ACCOUNTABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fiscal and
				budget accountability
(1) The department
				shall develop procedures for personnel and program reporting for the
				cooperative(s). Each cooperative shall be required to adhere to such
				procedures. The reporting shall include the cooperative's evaluation of the
				effectiveness of the technical assistance and other services provided to
				members of the cooperative and to any nonmember public and private entities to
				which the cooperative provided educational services.
(2) The department shall develop procedures
				for budgets and fiscal reporting. Each cooperative shall be required to adhere
				to such procedures. Such procedures shall ensure compliance with the
				requirements of all applicable state and federal statutes and
				regulations.
(3) The department
				shall establish procedures, including timelines, for the preparation of
				cooperative budgets and the approval of said budgets by the department. Each
				cooperative shall be required to adhere to such procedures.
(4) The cooperative shall assure compliance
				with the provisions of the Procurement Code, Sections
				13-1-28 et
				seq. NMSA 1978.
(5) The cooperative
				shall assure compliance with all applicable department of finance and
				administration regulations.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.11 - ENFORCEMENT OF REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				secretary shall give written notification to a cooperative and its member
				entities of any failure of the cooperative to meet applicable requirements in
				any of its programs or activities. The notice shall specify the deficiency.
				Within thirty days after receipt of the notice of failure to meet requirements,
				the council shall:
(1) comply with the
				specific and attendant requirements; or
(2) submit plans satisfactory to the
				secretary to meet such requirements.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS › Part 3 - REGIONAL EDUCATION COOPERATIVES › Section 6.23.3.12 - FUNDING SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Funding
				sources may include funds from federal grant allocations and general revenues
				of the membership and revenue from revenue-generating education-related
				services to nonmembers.
B. With
				council approval, a cooperative may apply for and receive public and private
				grants, gifts, donations, bequests and devises and use them to further the
				purposes and goals of the cooperative.
C. All revenues shall be receipted by the
				cooperative and budgeted in accordance with procedures established by the
				department in accordance with Subsection A, Paragraph (2) of 6.23.3.10
				NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 1 - GENERAL PROVISIONS › Section 6.27.1.3 - 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 1 - GENERAL PROVISIONS › Section 6.27.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 14, 2000, 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 1 - GENERAL PROVISIONS › Section 6.27.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to establish the definitions for
				  rules filed in this chapter and rules for the general operation 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 1 - GENERAL PROVISIONS › Section 6.27.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this chapter:
A. "public school facilities authority
				("authority")" means that entity created under the public school capital outlay
				council pursuant to Subsection A of Section
				22-24-9
				NMSA 1978;
B. "council" means the
				public school capital outlay council;
C. "department" means the public education
				department;
D. "director" means the
				director of the public school facilities authority;
E. "secretary" means the secretary of public
				education; and
F. "school district"
				means an area of land established as a political subdivision of the state for
				the administration of public schools and segregated geographically for taxation
				and bonding purposes; for purposes of the rules within this chapter, references
				to "school district" or "district" shall also be applicable to state chartered
				charter schools, the New Mexico school for the blind and visually impaired
				("NMSBVI") and the New Mexico school for the deaf ("NMSD").