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LAW |
|
Year Passed |
1993; last amended in 2007.
|
|
Rank |
19th weakest of the nation's 40 charter laws. |
|
Grade |
C |
|
GENERAL DATA |
|
|
• Funding issues hamper school progress
• Charters comply with unnecessary regulation
• State authorizer neglects oversight role |
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MULTIPLE AUTHORIZERS - YES (2) |
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Approval |
School boards and state board of education (Public Education Commission). |
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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, it will automatically be reviewed by the secretary of education. |
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NUMBER OF SCHOOLS ALLOWED |
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Cap |
Yes. 75 new start charters allowed, and only 15 authorized per year. 25 conversions are allowed. New conversions are not allowed. |
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OPERATIONAL AUTONOMY |
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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. |
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Teacher Freedom |
Yes. Teachers may organize as a separate unit, or work independently. Charter schools must participate in state's retirement system. |
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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] |
