New Mexico Statutes
Article 8B - Charter Schools
Section 22-8B-12.1 - Charter school closure; chartering authority protocols; chartering authority duties; distribution of assets.

A. Prior to any charter school closure decision, the chartering authority shall develop a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools and proper disposition of school funds, property and assets in accordance with the provisions of Subsection C of this section. The protocol shall specify tasks, time lines and responsible parties, including delineating the respective duties of the charter school, the governing body and the chartering authority.
B. If a charter school is ordered closed for any reason, prior to closure, the chartering authority shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents according to the closure protocol.
C. When a charter school is closed, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school and then to the state treasury to the credit of the current school fund. If the assets of the school are insufficient to pay all parties to whom the schools owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.
History: Laws 2011, ch. 14, § 6.
Effective dates. — Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 6 effective July 1, 2012.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 22 - Public Schools

Article 8B - Charter Schools

Section 22-8B-1 - Short title.

Section 22-8B-2 - Definitions.

Section 22-8B-3 - Purpose.

Section 22-8B-4 - Charter schools' rights and responsibilities; operation.

Section 22-8B-4.1 - Charter schools' enrollment procedures.

Section 22-8B-4.2 - Charter school facilities; standards.

Section 22-8B-5 - Charter schools; status; local school board authority.

Section 22-8B-5.1 - Governing body training.

Section 22-8B-5.2 - Governing body conflicts of interest.

Section 22-8B-5.3 - Chartering authority; powers; duties; liability.

Section 22-8B-5.4 - Governing body authority over who may carry a firearm on charter school property.

Section 22-8B-6 - Charter school requirements; application process; authorization; state board of finance designation required; public hearings; subcommittees.

Section 22-8B-7 - Appeal of denial, nonrenewal, suspension or revocation; procedures.

Section 22-8B-8 - Charter application; contents.

Section 22-8B-9 - Charter school contract; contents; rules.

Section 22-8B-9.1 - Performance framework.

Section 22-8B-10 - Charter schools; employees.

Section 22-8B-11 - Charter schools; maximum number established.

Section 22-8B-12 - Charter schools; term; oversight and corrective actions; site visits; renewal of charter; grounds for nonrenewal or revocation.

Section 22-8B-12.1 - Charter school closure; chartering authority protocols; chartering authority duties; distribution of assets.

Section 22-8B-12.2 - Charter schools; proposals to open or close a public school on tribal land; consultation with tribal leaders and members and families of students.

Section 22-8B-13 - Charter school financing.

Section 22-8B-14 - Charter schools stimulus fund created.

Section 22-8B-14.1 - Repealed.

Section 22-8B-15 - Repealed.

Section 22-8B-16 - Public education commission; powers and duties.

Section 22-8B-17 - Charter schools division; duties.

Section 22-8B-17.1 - Division; annual report.