New Mexico Statutes
Article 8 - Public School Finance
Section 22-8-12 - Operating budgets; amendments.

Operating budgets shall not be altered or amended after approval and certification by the department, except for the following purposes and according to the following procedure:
A. upon written request of a local school board or governing body of a state-chartered charter school, the secretary may authorize transfer within the budget, or provide for items not included, when the total amount of the budget will not be increased thereby;
B. upon written request of a local school board or governing body of a state-chartered charter school, the secretary, in conformance with the rules of the department, may authorize an increase in any budget if the increase is necessary because of the receipt of revenue that was not anticipated at the time the budget was fixed and if the increase is directly related to a special project or program for which the additional revenue was received. The secretary shall make a written report to the legislative finance committee of any such budget increase;
C. upon written request of a local school board or governing body of a state-chartered charter school, the secretary may authorize an increase in a budget of not more than one thousand dollars ($1,000); or
D. upon written request of a local school board or governing body of a state-chartered charter school, the secretary, after notice and a public hearing, may authorize an increase in a school budget in an amount exceeding one thousand dollars ($1,000). The notice of the hearing shall designate the school district that proposes to alter or amend its budget, together with the time, place and date of the hearing. The notice of the hearing shall be published at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the school district is situated. The last publication of the notice shall be at least three days prior to the date set for the hearing. The charter schools division shall establish how a state-chartered charter school notifies the parents of its students of proposed increases in a charter school budget.
History: 1953 Comp., § 77-6-13, enacted by Laws 1967, ch. 16, § 67; 1969, ch. 180, § 10; 1977, ch. 247, § 203; 1988, ch. 64, § 22; 1999, ch. 291, § 6; 2006, ch. 94, § 6.
Cross references. — For transfer of powers and duties of former state superintendent, see 9-24-15 NMSA 1978.
The 2006 amendment, effective July 1, 2007, added governing body of a state-chartered charter school in Subsections A through D and provided in Subsection D that the charter schools division shall establish how a state-chartered charter school notifies parents of its students of proposed increases in a budget.
The 1999 amendment, effective April 8, 1999, substituted the present section heading for "Final budgets; alterations or amendments", substituted "Operating budgets" for "Final budgets" at the beginning of the first paragraph, and substituted "rules of the department" for "regulations of the department" in Subsection B.
The 1988 amendment, effective May 18, 1988, substituted "department" for "division" in the introductory paragraph; substituted "state superintendent" for "chief" throughout the section; and deleted "of finance and administration and with the approval of its secretary" following "regulations of the department" in the first sentence in Subsection B.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 22 - Public Schools

Article 8 - Public School Finance

Section 22-8-1 - Short title.

Section 22-8-2 - Definitions.

Section 22-8-3 - Office of education abolished; functions transferred.

Section 22-8-4 - Department; duties.

Section 22-8-5 - Rules; procedures.

Section 22-8-5.1 - Procurement, travel and gas cards.

Section 22-8-6 - Operating budgets; educational plans; submission; certain reports; failure to submit.

Section 22-8-6.1 - Charter school operating budgets; maximum MEM.

Section 22-8-7 - Manner of budget submission.

Section 22-8-7.1 - Certain school district budgets.

Section 22-8-8 - Budgets; minimum student membership.

Section 22-8-9 - Budgets; minimum requirements.

Section 22-8-10 - Budgets; fixing the operating budget.

Section 22-8-11 - Budgets; approval of operating budget.

Section 22-8-12 - Operating budgets; amendments.

Section 22-8-12.1 - Membership projections and budget requests.

Section 22-8-12.2 - Repealed.

Section 22-8-12.3 - Local school board finance subcommittee; audit committee; membership; duties.

Section 22-8-13 - Reports.

Section 22-8-13.1 - School district and charter school audits; sanctions for not submitting timely audit reports.

Section 22-8-13.2 - Financial reporting.

Section 22-8-13.3 - Reporting system; reporting requirements.

Section 22-8-14 - Public school fund.

Section 22-8-15 - Allocation limitation.

Section 22-8-16 - Payment to school districts.

Section 22-8-17 - Program cost determination; required information.

Section 22-8-18 - Program cost calculation; local responsibility.

Section 22-8-19 - Early childhood education program units.

Section 22-8-19.1 - Preschool programs; selected districts.

Section 22-8-20 - Basic program units.

Section 22-8-21 - Special education program units.

Section 22-8-22 - Bilingual multicultural education program units.

Section 22-8-23 - Size adjustment program units.

Section 22-8-23.1 - Enrollment growth program units.

Section 22-8-23.2 - New district adjustment; additional program units.

Section 22-8-23.3 - At-risk program units.

Section 22-8-23.4 - National board for professional teaching standards; certified teachers program units.

Section 22-8-23.5 - Fine arts education program units.

Section 22-8-23.6 - Charter school student activities program unit.

Section 22-8-23.7 - Elementary physical education program units.

Section 22-8-23.8 - Home school student activities program unit.

Section 22-8-23.9 - Home school student program units.

Section 22-8-23.10 - Extended learning time program.

Section 22-8-23.11 - K-5 plus program units.

Section 22-8-23.12 - New program funding.

Section 22-8-23.13 - Public education reform fund created.

Section 22-8-24 - Instructional staff training and experience index; definitions; factors; calculations.

Section 22-8-25 - State equalization guarantee distribution; determination of amount.

Section 22-8-25.1 - Additional per unit distribution from public school fund.

Section 22-8-26 - Transportation distribution.

Section 22-8-27 - Transportation equipment.

Section 22-8-28 - Repealed.

Section 22-8-29 - Transportation distributions; reports; payments.

Section 22-8-29.1 - Calculation of transportation allocation.

Section 22-8-29.2 - Repealed.

Section 22-8-29.3 - Repealed.

Section 22-8-29.4 - Transportation distribution adjustment factor.

Section 22-8-29.5 - Repealed.

Section 22-8-29.6 - Transportation emergency fund.

Section 22-8-30 - Supplemental distributions.

Section 22-8-30.1 - Recompiled.

Section 22-8-30.2 - Recompiled.

Section 22-8-31 - State-support reserve fund.

Section 22-8-32 - Current school fund; receipts; disposition.

Section 22-8-33 - Distribution of certain revenue.

Section 22-8-34 - Federal mineral leasing funds.

Section 22-8-35 - Tax anticipation certificates.

Section 22-8-36 - Certification of allocations; fund accounts.

Section 22-8-37 - Public school funds.

Section 22-8-38 - Boards of finance; designation.

Section 22-8-39 - Boards of finance; suspension.

Section 22-8-40 - Deposit of public school funds; distribution; interest.

Section 22-8-40.1 - Deposit of public school funds; providing exception on interest rate limitation for "NOW" accounts.

Section 22-8-41 - Restriction on operational funds; emergency accounts; cash balances.

Section 22-8-42 - Violation of act; penalties.

Section 22-8-43 - Public school reading proficiency fund; created.

Section 22-8-44 - Educator licensure fund; distribution; appropriation.

Section 22-8-45 - Teacher professional development fund.

Section 22-8-45.1 - Beginning teacher mentorship fund; created.

Section 22-8-46 - Repealed.

Section 22-8-47 - New Mexico government education fund.

Section 22-8-48 - New school development fund; distribution.

Section 22-8-49 - Teacher cost index; licensure-experience factor; report.