New Mexico

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1993
Year Charter School Law Was Enacted
97
Estimated Number of Charter Schools in 2017-18
26,600
Estimated Number of Charter School Students in 2017-18
148
out of
240
Total Score

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New Mexico’s law provides multiple authorizers and a fair amount of accountability but contains some caps on public charter school growth and provides insufficient autonomy and inequitable funding to charter schools.

Potential areas for improvement include increasing operational autonomy, allowing multi-school charter contracts and/or multi-charter school contract boards, ensuring transparency regarding educational service providers, and strengthening accountability for full-time virtual charter schools.

Component Scores

Are there caps on the growth of charter schools in this state?

New Mexico law provides that no more than 15 schools may open each year with a five-year cap of 75, with slots not filled within a five-year period rolled over to the next five years. New Mexico law also requires that an application for a charter school in a district with 1,300 or fewer students may not enroll more than 10% of the students in the district in which the charter school will be located.

Subcomponents

Key
Yes
Some
No
No
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
Some
1B
If caps exist, there is room for growth.

Are a variety of charter schools allowed?

New Mexico law allows new start-ups but not public school conversions.

Subcomponents

Key
Yes
Some
No
Yes
2A
New startups.
No
2B
Public school conversions.

Are non-district authorizers available to which charter applicants may directly apply?

New Mexico law allows local school districts and the state public education commission to approve charter applications.

Subcomponents

Key
Yes
Some
No
Yes
3A
The state allows an applicant anywhere in the state to apply directly to a non-district authorizer(s).

Is an authorizer and overall program accountability system required?

New Mexico law requires authorizers to submit an annual report to the state public education department that includes a performance report for each charter school it oversees.
While the law does not require the legislature and governor to regularly review the performance of the state public education commission as an authorizer, they can do so at any time. In addition, the legislature and governor can remove the ability of the state public education commission to continue authorizing (the entities that gave it that authority).
New Mexico law requires the state public education department to issue annual reports to the governor, the legislative finance committee, and the legislative education study committee on the state’s charter schools. The law requires the annual report to include a comparison of the performance of charter school students with the performance of academically, ethnically, and economically comparable groups of students in noncharter public schools. It also requires the annual report to include an assessment of the successes, challenges, and areas for improvement in meeting the purposes of the Charter Schools Act, including an assessment of the sufficiency of funding for charter schools, the efficacy of the state formula for chartering authority funding, and any suggested changes to state law or policy necessary to strengthen the state's charter schools.
The law does not require at least a registration process for local school boards to affirm their interest in chartering to the state, does not require a regular review process by the state of local school board authorizers, and does not give the state the authority to sanction local school board authorizers.

Subcomponents

Key
Yes
Some
No
No
4A
Registration process for school boards to affirm their interest in authorizing.
N/A
4B
Application process for other eligible authorizing entities (except a state charter schools commission).
Yes
4C
Authorizer submission of annual report.
Some
4D
The ability for the state to conduct a review of an authorizer’s performance.
Some
4E
The ability for the state to sanction an authorizer for poor performance, including suspending an authorizer’s authority to approve new schools.
Yes
4F
Periodic formal evaluation of overall state charter school program and outcomes.

Is there adequate authorizer funding?

New Mexico law allows authorizers to withhold and use two percent of the school-generated program cost for its administrative support of a charter school. The law requires authorizers to annually provide a detailed description of how they are expending the dollars that they are withholding from charter schools.
New Mexico law allows a charter school to contract with a school district, a university or college, the state, another political subdivision of the state, the federal government or one of its agencies, a tribal government, or any other third party for the use of a facility, its operation and maintenance, and the provision of any service or activity that the charter school is required to perform in order to carry out the educational program described in its charter.

Subcomponents

Key
Yes
Some
No
Yes
5A
A uniform statewide formula that guarantees annual authorizer funding that is not subject to annual legislative appropriations.
Yes
5B
Requirement to publicly report detailed authorizer expenditures.
Yes
5C
Separate contract for any services purchased from an authorizer by a school.
No
5D
Prohibition on authorizers requiring schools to purchase services from them.

Are there transparent charter application, review, and decisionmaking processes?

New Mexico law contains application elements for all schools.
New Mexico law requires an authorizer to hold at least one public subcommittee hearing in the school district in which the charter school is proposed to be located to obtain information and community input to assist it in its decision whether to grant a charter school application. The law allows the authorizer to designate a subcommittee of no fewer than three members to hold the public hearing, and, if so, the law requires the hearing to be transcribed for later review by other members of the authorizer. The law provides that community input may include written or oral comments in favor of or in opposition to the application from the applicant, the district, the local community, and local school board in whose geographical boundaries the charter school is proposed to be located. The law does not require an in-person interview.

New Mexico law requires all charter approval or denial decisions to be made in a public meeting and requires authorizers to state reasons for denials in writing at the time of the hearing.

Subcomponents

Key
Yes
Some
No
Yes
6A
Application elements for all schools.
N/A
6B
Additional application elements specific to conversion schools.
No
6C
Additional application elements specific to using educational service providers.
No
6D
Additional application elements specific to replications.
Some
6E
Requirement for thorough evaluation of each application, including an in-person interview and a public meeting.
No
6F
Application approval criteria.
Yes
6G
All charter approval or denial decisions made in a public meeting with authorizers stating reasons for denials in writing.

Are performance-based charter contracts required?

According to New Mexico law, authorizers must enter into a contract with the governing body of the applicant charter school within 30 days of approval. The law requires the charter contract to be legally binding and serve as the final authorization for the charter school. The law requires the charter contract to specify the authorizer’s duties to the charter school, including the process and criteria used to annually monitor and evaluate the charter school. The law requires the contract to include any dispute resolution processes agreed to by both parties.
New Mexico law requires the final approved charter contract to define the academic and operational performance expectations by which the school will be judged, based on a performance framework that includes performance indicators and performance targets for, at a minimum, student academic proficiency and growth, achievement gaps, attendance, recurrent enrollment, postsecondary readiness (high schools), financial performance, and board stewardship (including compliance).

According to New Mexico law, a charter school may be approved for an initial term of six years, provided that the first year shall be used exclusively for planning and not for completing the application.

Subcomponents

Key
Yes
Some
No
Yes
7A
Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.
Yes
7B
Defining the roles, powers, and responsibilities for the school and its authorizer.
Yes
7C
Defining academic, financial, and operational performance expectations by which the school will be judged based on a performance framework.
Some
7D
Providing an initial term of five operating years.

Are there comprehensive charter school monitoring and data collection processes?

The law requires authorizers to collect, analyze, and report all data in accordance with the performance frameworks set forth in their approved charter contracts with schools and to include this information in annual performance reports for each charter school they oversee submitted to the state public education department.
The law requires charter schools to adhere to the same reporting requirements as traditional public schools, including quarterly financial reports, an annual outside audit, and 40-, 60-, and 120-day student counts. The law also requires charter schools receiving local mill levy tax dollars to report their proposed and actual capital expenditures.

The law requires authorizers to monitor the fiscal, overall governance, student performance, and legal compliance of the charter schools they oversee, including reviewing the data provided by the charter school to support ongoing evaluation according to the charter contract.

The law allows authorizers to conduct or require oversight activities that allow the authorizer to fulfill its responsibilities under the Charter Schools Act, including conducting appropriate inquires and investigations provided that the authorizer complies with the provisions of the Charter Schools Act and the terms of the charter contract and does not unduly inhibit the autonomy granted to the charter schools that it governs.

As part of its performance review of a charter school, the law requires authorizers to visit a charter school under its authority at least once annually to provide technical assistance to the charter school and to determine the status of the charter school and the progress of the charter school toward the performance framework goals in its charter contract.
If, based on the performance review conducted by the authorizer, a charter school's fiscal, overall governance, student performance, or legal compliance appears unsatisfactory, the law requires the authorizer to promptly notify the governing body of the charter school of the unsatisfactory review and provide reasonable opportunity for the governing body to remedy the problem. However, if the unsatisfactory review warrants revocation, the law provides that the revocation procedures set forth in state law shall apply.

The law allows an authorizer to take appropriate corrective actions or exercise sanctions, as long as such sanctions do not constitute revocation, in response to the unsatisfactory review. The law provides that such actions or sanctions by the authorizer may include requiring a governing body to develop and execute a corrective action plan with the authorizer that sets forth time frames for compliance.

Subcomponents

Key
Yes
Some
No
Yes
8A
Required annual school performance reports.
Yes
8B
Financial accountability for charter schools (e.g., generally accepted accounting principles, independent annual audit reported to authorizer).
Yes
8C
Authorizer authority to conduct oversight activities.
Yes
8D
Authorizer notification to its schools of perceived problems, with opportunities to remedy such problems.
Yes
8E
Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.
No
8F
Authorizer may not request duplicative data submission from its charter schools and may not use performance framework to create cumbersome reporting requirements.

Are there clear processes for renewal, nonrenewal, and revocation decisions?

New Mexico law requires charter schools seeking renewal to apply for it. It requires the renewal application to include a report on the progress towards meeting the state public education department’s minimum education standards and other performance goals stated in each school’s charter contract academic performance framework.
New Mexico law allows an authorizer to suspend, revoke, or not renew a charter if it determines that the charter school did any of the following: committed a material violation or breach of any of the conditions, standards, or procedures set forth in the charter contract; failed to meet or make substantial progress toward achievement of the department's standards of excellence or student performance standards identified in the charter contract; failed to meet generally accepted standards of fiscal management; or violated any provision of law from which the charter school was not specifically exempted.

The law requires authorizers to develop processes for suspension, revocation, or nonrenewal of a charter that provides the charter school with timely notification of the prospect of suspension, revocation, or nonrenewal of the charter and the reasons for such action, allows the charter school a reasonable amount of time to prepare and submit a response to the authorizer’s action, and requires the final determination made by authorizer to be submitted to the state public education department. The law requires the authorizer to rule in a public hearing on the renewal application no later than 180 days prior to the charter contract’s expiration. The law allows charter schools to appeal authorizer decisions to revoke or not renew a charter to the state secretary of education.

New Mexico law allows a charter to be renewed for successive periods of five years each and allows approvals of less than five years if agreed to between the charter school and the authorizer.

New Mexico law requires all charter renewal, nonrenewal, and revocation decisions to be made in a public meeting and requires authorizers to state their reasons for revocation or non-renewal in writing.

Prior to any charter school closure, the law requires an authorizer to develop closure protocols that include timely notification to parents, orderly transition of students and records, and disposition of property and assets. The protocol must also specify tasks, timelines, and the duties of responsible parties.

Subcomponents

Key
Yes
Some
No
Yes
9A
Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.
Yes
9B
Schools seeking renewal must apply for it.
No
9C
Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.
No
9D
Ability to have a differentiated process for renewal of high-performing charter schools.
Yes
9E
Authorizers must use clear criteria for renewal and nonrenewal/revocation.
Yes
9F
Authorizers must ground renewal decisions based on evidence regarding the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.
No
9G
Requirement that authorizers close chronically low-performing charter schools unless exceptional circumstances exist.
Yes
9H
Authorizers must have the authority to vary length of charter renewal contract terms based on performance or other issues.
Yes
9I
Authorizers must provide charter schools with timely notification of potential revocation or nonrenewal (including reasons) and reasonable time to respond.
Yes
9J
Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).
Yes
9K
All charter renewal, nonrenewal, and revocation decisions must be made in a public meeting, with authorizers stating reasons for nonrenewals and revocations in writing.
Yes
9L
Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.
No
9M
Any transfer of charter contracts from one authorizer to another are only allowed if they are approved by the state.

Is there transparency regarding educational service providers?

New Mexico law includes a small number of the model law’s provisions for educational service providers. State law prohibits a charter school governing body from contracting with a for-profit entity for the management of the charter school.

If a charter school contracts with a third-party provider, the law requires the charter contract to include the criteria and procedures for the authorizer to review the provider's contract and the charter school's financial independence from the provider. However, it doesn’t require contracts between schools and providers, doesn’t require authorizers to approve these contracts, and doesn’t require that governing boards operate completely independent of a provider.

The law provides that a person shall not serve as a member of a governing body of a charter school if the person or an immediate family member of the person is an owner, agent of, contractor with or otherwise has a financial interest in a for-profit or nonprofit entity with which the charter school contracts directly for professional services, goods or facilities. It doesn’t require existing and potential conflicts of interest between the two entities to be disclosed and explained in the charter application, though.

Subcomponents

Key
Yes
Some
No
Some
10A
All types of educational service providers (both for-profit and nonprofit) are allowed to operate all or parts of schools.
No
10B
The charter application requires (1) performance data for all current and past schools operated by the ESP, and (2) explanation and evidence of the ESP’s capacity for successful growth while maintaining quality in existing schools.
Some
10C
A performance contract is required between the independent charter school board and the ESP, with such contract approved by the school’s authorizer.
Some
10D
School governing boards operate as entities completely independent of any ESP, individuals compensated by an ESP are prohibited from serving as voting members on such boards, and existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.
No
10E
Provides that charter school governing boards must have access to ESP records necessary to oversee the ESP contract.
No
10F
An ESP must annually provide information to its charter school governing board on how that ESP spends public funding it receives when the ESP is performing a public function under applicable state law.
No
10G
Requires that similar criminal history record checks and fingerprinting requirements applicable to other public schools shall also be mandatory for on-site employees of ESPs who regularly come into contact with students.

Are the schools fiscally and legally autonomous with independent charter school boards?

New Mexico law provides requirements for fiscally and legally autonomous schools with independent charter school boards.

Subcomponents

Key
Yes
Some
No
Yes
11A
Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds; incur debt; and pledge, assign, or encumber assets as collateral).
Yes
11B
Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).
Yes
11C
Independent school governing boards created specifically to govern their charter schools.

Are there clear student enrollment and lottery procedures?

New Mexico law provides that charter schools must provide open enrollment to any student in the state.
According to the law, a charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, physical or mental handicap, serious medical condition, race, creed, color, sex, gender identity, sexual orientation, spousal affiliation, national origin, religion, ancestry or need for special education services.

New Mexico law provides that charter schools must give enrollment preference to students who have been admitted to the charter school through an appropriate admission process and remain in attendance through subsequent grades and siblings of students already admitted to or attending the same charter school.

New Mexico law provides that charters may either enroll students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the school.

Subcomponents

Key
Yes
Some
No
Yes
12A
Open enrollment to any student in the state.
Yes
12B
Anti-discrimination provisions regarding admissions.
Yes
12C
Required enrollment preferences for previously enrolled students within conversions and for prior-year students within charter schools.
No
12D
Lottery requirements.

Is there automatic exemption from many state and district laws and regulations?

New Mexico law provides the following parameters for exemptions:
* It allows a local school board to waive only locally imposed school district requirements for locally chartered charter schools.
* It provides that a state-chartered charter school is exempt from school district requirements.
* It requires the state department of education to waive requirements or rules and provisions of the Public School Code pertaining to individual class load, teaching load, length of the school day, staffing patterns, subject areas, purchase of instructional material, evaluation standards for school personnel, school principal duties, and driver education.
* It allows the state department of education to waive requirements or rules and provisions of the Public School Code pertaining to graduation requirements as long as the requirements are higher than the state’s.
* It provides that any waivers granted are for the term of the charter granted but may be suspended or revoked earlier by the department.

In practice, stringent regulations force applicants to request and explain the reasoning for such waivers.

New Mexico law requires charter school teachers to have the same certification requirements as traditional public school teachers. It requires charter schools to adhere to the same three-tiered salary schedule as traditional public schools and, for teachers who have been employed at the school for three consecutive years, adhere to the New Mexico School Personnel Act.

Subcomponents

Key
Yes
Some
No
Some
13A
Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.
No
13B
Exemption from state teacher certification requirements.

Is there an automatic collective bargaining exemption?

New Mexico law requires collective bargaining for non-charter public school teachers. Collective bargaining must address four topics: wages, hours, terms and conditions of employment, and grievance procedures. Four additional topics — management rights, transfers and reassignments, layoffs, and dismissal — may be bargained. No topics are expressly prohibited from collective bargaining. New Mexico law does not require any charter schools to be part of existing collective bargaining agreements.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, New Mexico allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. There has not been any reactive legislation enacted.
Public employers in New Mexico may directly certify a labor organization as an exclusive representative if the labor organization demonstrates support from a majority of employees in the unit. This may be demonstrated by a card check or other measure. However, the employer may request an election. If an election is called for, the labor organization must submit a petition demonstrating at least 30 percent support from employees to the Public Employee Relations Board (PERB). Any labor organization demonstrating at least 30 percent support must be included on the ballot, along with an option for no representation. An election shall only be valid with at least 40 percent turnout from employees. The election is decided by majority vote, with runoff provisions if no majority is achieved. An election may not be held within a year of, or during, an active collective bargaining agreement. If there is a request for decertification, this may only occur between 30 and 90 days before the collective bargaining agreement expires, or after three years.New Mexico law does not require any charter schools to be part of existing collective bargaining agreements.

Subcomponents

Key
Yes
Some
No
Yes
14A
Charter schools authorized by nonlocal board authorizers are exempt from participation in any outside collective bargaining agreements.
Yes
14B
Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

Are multischool charter contracts and/or multicharter contract boards allowed?

New Mexico law is silent regarding these arrangements. In practice, the state allows independent public charter school boards to oversee multiple schools linked under a single contract, but does not require independent fiscal and academic accountability for each school.

Subcomponents

Key
Yes
Some
No
No
15A
Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.
No
15B
Hold multiple charter contracts with independent fiscal and academic accountability for each school.

Is there eligibility and access to extracurricular and interscholastic activities?

New Mexico law allows charter school students to participate in district activities sanctioned by the New Mexico Activities Association.

Subcomponents

Key
Yes
Some
No
No
16A
Laws or regulations explicitly state that charter school students and employees are eligible to participate in all extracurricular and interscholastic activities available to noncharter public school students and employees.
Yes
16B
Laws or regulations explicitly allow charter school students in schools not providing extracurricular and interscholastic activities to have access to those activities at noncharter public schools.

Is there clear identification of special education responsibilities?

New Mexico law provides that: charter schools must comply with all applicable state and federal laws and rules related to providing special education services; charter school students with disabilities and their parents retain all rights under the federal Individuals with Disabilities Education Act and its implementing state and federal rules; each charter school is responsible for identifying, evaluating, and offering a free appropriate public education to all eligible children who are accepted for enrollment in that charter school; and a state-chartered charter school, as a local educational agency, shall assume responsibility for determining students' needs for special education and related services.
The law provides that portion of money from state or federal programs generated by students enrolled in a locally chartered charter school must be allocated to that charter school serving students eligible for that aid.

The law provides that when a state-chartered charter school is designated as a board of finance pursuant to state law, it must receive state and federal funds for which it is eligible.

The law provides that state-chartered charter schools may apply for all federal funds for which they are eligible and that locally-chartered schools must be included in their district’s consolidated federal application.

Subcomponents

Key
Yes
Some
No
Yes
17A
Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.
Yes
17B
Clarity regarding the flow of federal, state, and local special education funds to the designated LEA.
No
17C
Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).
No
17D
Clarity that charter schools have access to all regional and state services and supports available to traditional districts.

Is there equitable operational funding and equal access to all state and federal categorical funding?

New Mexico law provides the amount of funding allocated to a charter school must be not less than ninety-eight percent of the school-generated program cost. It allows an authorizer to withhold and use two percent of the school-generated program cost for its administrative support of a charter school.
The law provides that portion of money from state or federal programs generated by students enrolled in a locally chartered charter school must be allocated to that charter school serving students eligible for that aid.

The law provides that when a state-chartered charter school is designated as a board of finance pursuant to state law, it must receive state and federal funds for which it is eligible.

The law provides that state-chartered charter schools may apply for all federal funds for which they are eligible and that locally-chartered schools must be included in their district’s consolidated federal application.

The law requires locally-chartered charter schools to negotiate with a school district to provide transportation to students eligible for transportation under state law. It allows the school district, in conjunction with the charter school, to establish a limit for student transportation to and from the charter school site not to extend beyond the school district boundary.

In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Expands, 2014), New Mexico charter schools were receiving on average $10,034 per pupil in public funds, while traditional public schools would have received $10,505 for those students. As a result, the state's charter schools were receiving $471 per pupil - or 4.4% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals continued inequities for operational, categorical, and capital funding (see component #19 for information on capital issues).

Subcomponents

Key
Yes
Some
No
Some
18A
Equitable operational funding statutorily driven.
Some
18B
Equal access to all applicable categorical federal and state funding and clear guidance on the pass-through of such funds.
No
18C
Funding for transportation similar to school districts.
No
18D
Annual report offering district and charter school funding comparisons and including annual recommendations to the legislature for any needed equity enhancements.

Is there equitable access to capital funding and facilities?

New Mexico law provides lease payments for charter schools at $700 per student for 2012-13. The law pegs this amount to an inflation index to determine future year allotments.
The law allows the New Mexico Finance Authority to use public bond funds to construct charter facilities in a pilot program for up to seven charter schools. It allows funds loaned by the Finance Authority to be used for the acquisition of buildings, land, and facilities.

The law allows charter schools to access tax-exempt debt from counties.

The law requires school districts to share local facilities funds with public charter schools in a proportionate share to a charter’s enrollment. It allows these funds to be used as payments for approved lease-to-purchase agreements.

The law requires tax levy resolutions submitted by a district to the voters for approval to contain capital improvement funding for public charter schools that have an approved facility plan and that have been renewed one time. In practice, making this provision a reality has been a battle, especially for state-chartered schools.

The law allows charter schools to access public capital outlay grants through the Public School Capital Outlay Council in somewhat similar ways to other public schools in the state.

The law requires the school district in which a charter school is geographically located to provide a charter school with available facilities for the school's operations unless the facilities are currently used for other educational purposes. It allows an agreement for the use of school district facilities by a charter school to provide for reasonable lease payments. Full implementation of the law has been problematic.

The law requires public charter schools to move to public buildings by 2015 or meet other conditions provided by law. For charter schools that are purchasing existing buildings or constructing new buildings, the law provides that such facilities must meet the average facility condition index of all public school buildings in the state.

Subcomponents

Key
Yes
Some
No
Facilities Funding
Some
19A
A per-pupil facilities allowance that annually reflects actual average district capital costs.
No
19B
A state grant program for charter school facilities.
Some
19C
Equal access to existing state facilities programs available to noncharter public schools.
Access to Public Space
No
19D
A requirement for districts to provide school district space or funding to charter schools if the majority of that schools’ students reside in that district.
Yes
19E
Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.
Access to Financing Tools
No
19F
A state loan program for charter school facilities.
Some
19G
Equal access to tax-exempt bonding authorities or allowing charter schools to have their own bonding authority
No
19H
Pledging the moral obligation of the state to help charter schools obtain more favorable bond financing terms.
No
19I
The creation and funding of a state charter school debt reserve fund.
Yes
19J
The inclusion of charter schools in school district bonding and mill levy requests.
No
19K
A mechanism to provide credit enhancement for charter school facilities.
Other
No
19L
Charter schools allowed to contract at or below fair market value with a school district, a college or university, or any other public or for-profit or nonprofit private entity for the use of facility for a school building.
No
19M
Certain entities allowed to provide space to charter schools within their facilities under their preexisting zoning and land use designations.
No
19N
Charter school facilities exempt from ad valorem taxes and other assessment fees not applicable to other public schools.

Is there access to relevant employee retirement systems?

New Mexico law requires charter schools to participate in the relevant employee retirement systems.

Subcomponents

Key
Yes
Some
No
Yes
20A
Charter schools have access to relevant state retirement systems available to other public schools.
No
20B
Charter schools have the option to participate (i.e., not required).

Are there provisions for full-time virtual charter schools?

New Mexico law does not contain any of the model law’s provisions regarding full-time virtual charter schools.

Subcomponents

Key
Yes
Some
No
No
21A
An authorizing structure whereby full-time virtual charter schools that serve students from more than one district may be approved only by an authorizer with statewide chartering jurisdiction and authority, full-time virtual charter schools that serve students from one school district may be authorized by that school district, and a cap is placed on the total amount of funding that an authorizer may withhold from a full-time virtual charter school.
No
21B
Legally permissible criteria and processes for enrollment based on the existence of supports needed for student success.
No
21C
Enrollment level provisions that establish maximum enrollment levels for each year of a charter contract, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements.
No
21D
Accountability provisions that include virtual-specific goals regarding student enrollment, attendance, engagement, achievement, truancy, and attrition.
No
21E
Funding levels per student based on costs proposed and justified by the operators.
No
21F
Performance-based funding whereby full-time virtual charter schools are funded via a performance-based funding system based on meeting the accountability performance provisions.