2021 New Mexico Statutes
Chapter 22 - Public Schools
Article 13D - K-5 Plus
Section 22-13D-4 - K-5 plus; application.

A. School districts and charter schools that wish to establish a new K-5 plus school shall apply through their annual educational plans submitted to the department pursuant to the Public School Finance Act [Chapter 22, Article 8 NMSA 1978].

B. For public schools that previously offered a K-5 plus program, each school district and charter school, in lieu of submitting an application in its annual educational plan, shall notify the department of its intent to provide the K-5 plus program and no formal application shall be required.

C. For planning purposes, no later than October 15 of each year, a school district or charter school that wishes to apply for a new K-5 plus school for the next fiscal year shall submit to the department the actual number of students participating in its approved K-5 plus schools in the current year and an estimate of the number of students the school district or charter school expects will participate in each K-5 plus school in the next year. Nothing in this subsection shall be construed to prohibit the department from approving a new K-5 plus school in a school district or charter school that did not submit the information required by this subsection to the department if sufficient funding is available to fund the school.

D. No later than November 15 of each year, the department shall notify the legislature of the number of students participating in K-5 plus schools in the current school year and of the number of students projected to participate in K-5 plus schools in the next school year.

History: Laws 2019, ch. 206, § 5; 2019, ch. 207, § 5; 2021, ch. 134, § 5.

The 2021 amendment, effective June 18, 2021, changed K-5 plus programs to K-5 plus schools, dispensed with the formal application process for school districts and charter schools that previously offered a K-5 plus program and plan to continue participating in the program, and authorized the public education department to approve a new K-5 plus school in a school district or charter school that did not submit the required information if sufficient funding is available to fund the school; changed "programs" to "schools" throughout; in Subsection A, after "wish to", deleted "participate in the" and added "establish a new"; added a new Subsection B and redesignated former Subsections B and C as Subsections C and D, respectively; and in Subsection C, deleted "The department shall not approve a new K-5 plus program unless the school district or charter school notifies the department of its intent to start a new program as required by this section" and added "Nothing in this subsection shall be construed to prohibit the department from approving a new K-5 plus school in a school district or charter school that did not submit the information required by this subsection to the department if sufficient funding is available to fund the school.".

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.