[complete report]

LAW

Year Passed

1993; last amended in 2010.

Rank

18th weakest of the nation's 41 charter laws.

Grade

C

GENERAL DATA

• Charters comply with unnecessary regulation

• State authorizer neglects oversight role

INDEPENDENT OR MULTIPLE AUTHORIZERS - YES (2)

Approval

School boards and state board of education (Public Education Commission).

Appeal

Yes. Applications denied by the school board may be appealed to the State Board of Education and the secretary's decision is final. If the school board does not act on an application within 60 days, the secretary of education will automatically review it.

NUMBER OF SCHOOLS ALLOWED

Cap

Yes. 15 new start charters may be authorized per year, with up to 75 approved in a five-year period. New conversions are not allowed. A charter in a district with 1,300 or fewer students may not enroll more than 10 percent of students.

OPERATIONAL AUTONOMY

State

Limited. There is no blanket waiver. The state education agency grants waivers for curriculum, evaluation, and some staffing, and may extend the waiver to graduation requirements. For all other waivers, charters must request on a case-by-case basis. Virtual schools are not allowed. Management contracts restricted to nonprofit ESPs.

Local

Limited. Charters must negotiate waivers on a case-by-case basis. Statechartered schools are considered their own LEA.

Teacher Freedom

Yes. Teachers may organize as a separate unit, or work independently. Charter schools must participate in state's retirement system.

EQUITY

Student Funding

• By law, charters are entitled to 98 percent of per pupil revenues. The remaining 2 percent is deducted for administrative fees.

• Funds pass through the district.

"The amount of funding allocated to a charter school shall be not less than ninety-eight percent of the school-generated program cost. The school district or division may withhold and use two percent of the school-generated program cost for its administrative support of a charter school. B. That portion of money from state or federal programs generated by students enrolled in a locally chartered charter school shall be allocated to that charter school serving students eligible for that aid. Any other public school program not offered by the locally chartered charter school shall not be entitled to the share of money generated by a charter school program." [NM 22-8B-13]

Facilities Funding

Yes. Charter schools receive $700 per student from a capital outlay fund, which assists charter schools to cover building costs. The charter schools stimulus fund contains appropriations for initial start-up costs and initial facilities costs. [NM 22-8B-14]