2018 New Mexico Statutes
Chapter 22 - Public Schools
Article 8 - Public School Finance
Section 22-8-6 - Budgets; submission; failure to submit.
A. Prior to April 15 of each year, each local school board shall submit to the department an operating budget for the school district and any charter schools in the district for the ensuing fiscal year. Upon written approval of the state superintendent [secretary], the date for the submission of the operating budget as required by this section may be extended to a later date fixed by the state superintendent [secretary].
B. The operating budget required by this section may include:
(1) estimates of the cost of insurance policies for periods up to five years if a lower rate may be obtained by purchasing insurance for the longer term; or
(2) estimates of the cost of contracts for the transportation of students for terms extending up to four years.
C. The operating budget required by this section shall include a budget for each charter school of the membership projected for each charter school, the total program units generated at that charter school and approximate anticipated disbursements and expenditures at each charter school.
D. If a local school board fails to submit a budget pursuant to this section, the department shall prepare the operating budget for the school district for the ensuing fiscal year. A local school board shall be considered as failing to submit a budget pursuant to this section if the budget submitted exceeds the total projected resources of the school district or if the budget submitted does not comply with the law or with rules and procedures of the department.
History: 1953 Comp., § 77-6-6, enacted by Laws 1967, ch. 16, § 60; 1988, ch. 64, § 17; 1993, ch. 224, § 2; 1993, ch. 227, § 9; 1999, ch. 281, § 21; 1999, ch. 291, § 2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department. See 9-24-15 NMSA 1978.
Cross references. — For transfer of powers and duties of the former state superintendent, see 9-24-15 NMSA 1978.
1999 Multiple Amendments. — Laws 1999, ch. 281, § 21 and Laws 1999, ch. 291, § 2 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 1999, ch. 291, § 2, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 1999, ch. 281, § 21 and Laws 1999, ch. 291, § 2 are described below. To view the session laws in their entirety, see the 1999 session laws on NMOneSource.com.
Laws 1999, ch. 291, § 2, effective April 8, 1999, substituted "operating budget" for "estimated budget" throughout the section; deleted "local" before "school district" in Subsection C; and substituted "with rules and procedures" for "the manual of accounting and budgeting" at the end of Subsection D.
Laws 1999, ch. 281, § 21, effective June 18, 1999, inserted "and any charter schools in the district" in the first sentence of Subsection A; and rewrote Subsection C.
1993 amendments. — Laws 1993, ch. 227, § 9, effective June 18, 1993, added a new Subsection C and redesignated former Subsection C as Subsection D
The 1988 amendment, effective May 18, 1988, substituted "department" for "division" and "state superintendent" for "chief" throughout the section.
Legislative intent. — The legislature obviously intended that a school board may purchase insurance policies not to exceed five years and, if prepayment of the entire premium in the initial policy year is necessary in order to obtain the insurance, then the school board may legally do so. 1975 Op. Att'y Gen. No. 75-03.
