A. An operating budget for a school district shall not be approved by the department if the educational plan does not provide for:
(1) a school year and school day as provided in Section 22-2-8.1 NMSA 1978; and
(2) a pupil-teacher ratio or class or teaching load as provided in Section 22-10A-20 NMSA 1978.
B. The department shall, by rule, establish the requirements for an instructional day, the standards for an instructional hour and the standards for a full-time teacher and for the equivalent thereof.
History: 1953 Comp., § 77-6-9, enacted by Laws 1967, ch. 16, § 63; 1969, ch. 180, § 6; 1979, ch. 32, § 1; 1982, ch. 40, § 1; 1986, ch. 33, § 14; 1988, ch. 64, § 19; 1993, ch. 223, § 1; 1993, ch. 226, § 19; 1994, ch. 68, § 1; 1996, ch. 62, § 1; 1997, ch. 136, § 1; 2001, ch. 285, § 1; 2003, ch. 153, § 29; 2009, ch. 276, § 2; 2019, ch. 206, § 10; 2019, ch. 207, § 10.
Cross references. — For the public education department, see 9-24-4 NMSA 1978.
The 2019 amendment, effective June 14, 2019, provided that certain information must be included in the school district's educational plan prior to approval of the school district's operating budget; in Subsection A, in the introductory clause, deleted "A" and added "An operating", and after "department", deleted "that" and added "if the educational plan".
Laws 2019, ch. 206, § 10, and Laws 2019, ch. 207, § 10, both effective June 14, 2019, enacted identical amendments to this section. The section was set out as amended by Laws 2019, ch. 207, § 10. See Section 12-1-8 NMSA 1978.
Applicability. — Laws 2019, ch. 206, § 29 and Laws 2019, ch. 207, § 29, provided that the provisions of §§ 2 through 19 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.
The 2009 amendment, effective June 19, 2009, in Paragraph (1) of Subsection A, after "a school year", deleted "consisting of at least one hundred eighty full instructional days or the equivalent thereof; exclusive of any release time for in-service training"; and deleted "(2) a variable school year consisting of a minimum number of instructional hours established by the state board" and added the reminder of the sentence.
The 2003 amendment, effective April 4, 2003, deleted "of education" following "department" near the middle of Subsection A; substituted "22-10A-20" for "22-2-8.2" following "Section" near the end of Subsection A(3); in Subsection B substituted "rule" for "regulation" following "shall, by" near the beginning, substituted "an instructional" for "a teaching" following "requirements for" near the middle and substituted "teacher" for "certified school instructor" following "a full-time" near the end; and deleted Subsection C.
The 2001 amendment, effective June 15, 2001, inserted "of education" following "department" in Subsection A; substituted "school instructor" for "classroom instructor" in Subsection B; and deleted Subsection D, which read "The provisions of Subsection C and Paragraph (2) of Subsection A of this section shall apply to school districts with a MEM of one thousand or fewer."
The 1997 amendment, effective June 20, 1997, deleted former Subsection A(4), which read: "effective July 1, 1997, a full-time, department-certified nurse for each fifty-five teachers employed by a school district or the equivalent part-time, department-certified nurse for less than fifty-five teachers" and in Subsection D, deleted "be construed to" following "shall" and deleted "only" following "apply".
The 1996 amendment, effective May 15, 1996, added Paragraph A(4) and made a stylistic change in Subsection D.
The 1993 amendment, effective July 1, 1993, deleted "effective with the 1987-88 school year" following "in-service training" in Paragraph (1) of Subsection A and substituted "a MEM" for "an ADM" in Subsection D.
The 1988 amendment, effective May 18, 1988, substituted "department" for "division" near the beginning of Subsection A and "an ADM of 1,000 or fewer" for "an ADM of 500 or fewer" in Subsection D.
Structure New Mexico Statutes
Article 8 - Public School Finance
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 22-8-6.1 - 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 22-8-12.3 - Local school board finance subcommittee; audit committee; membership; duties.
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 22-8-23.5 - 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 22-8-25 - 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 22-8-29 - Transportation distributions; reports; payments.
Section 22-8-29.1 - Calculation of transportation allocation.
Section 22-8-29.4 - Transportation distribution adjustment factor.
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 22-8-41 - 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 22-8-47 - 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.