Current through Register Vol. 35, No. 18, September 24, 2024
A. Scope: This section shall apply to the
accountability of state funds where there is a failure to correct a deficiency
cited in an audit. The remedies set forth in this section may be used only
after the department has requested in writing that the deficiency or
deficiencies in question be corrected and there has been a failure to correct
the deficiency or deficiencies after a reasonable opportunity to do so. When
applicable, the department may avail itself of any of the remedies hereinafter
set forth in this section, notwithstanding the fact that other remedies are
available to or may have been used by the department.
B. Procedures: In order to enforce the
provisions of the Public School Code of the state of New Mexico, Section
22-1-1 et.
seq., NMSA 1978, any other applicable state or federal law, or as a result of
an unresolved audit finding, the department may, pursuant to applicable state
law:
(1) recommend suspension of a local
school board which has been designated as its own board of finance from acting
as a board of finance if the secretary of public education reasonably believes
there is mismanagement, improper recording or improper reporting of public
school funds under the local school board's control, in accordance the
provisions of Sections
22-8-39
NMSA 1978;
(2) disapprove
instructional unitsor administrative functions which are determined to be
detrimental to the educational process in accordance with the provisions of
Section
22-2-14
NMSA 1978;
(3) suspend from
authority and responsibility any local school board, which has notice of
disapproval and fails to comply with procedures of Subsection B, Paragraph (2)
of 6.21.2.11 NMAC in accordance with the provisions of Section
22-2-14
NMSA 1978;
(4) institute legal
proceedings for violation or enforcement of the Public School Code in
accordance with the provisions of Sections
22-2-2
and
22-8-42
NMSA 1978;
(5) refer audit
finding(s) to the proper law or other enforcement agency (ies) as
appropriate;
(6) institute legal
proceedings of other enforcement provisions as provided by any applicable state
law.
C. Withholding of
funds: In accordance with Subsection D of Section
22-8-13, the
department shall withhold allotments of funds to any school district where the
superintendent has failed to comply with the requirements of Section
22-8-13 NMSA
1978 until the superintendent complies with and agrees to continue complying
with requirements. The following procedures shall apply:
(1) The secretary of public education or his
designee will advise the business manager of the district/charter school of the
deficiency(ies) and establish timelines for compliance.
(2) If compliance is not effectuated in
accordance with the timeline(s) established in paragraph (1), the director of
the school budget planning unit or his designee will advise the
district/charter school superintendent that the district/charter school has not
made progress toward resolution of the issues. At the discretion of the
director of the school budget planning unit, further technical assistance may
be provided to the district/charter school.
(3) Upon a determination by the director of
the school budget planning unit that the district/charter school has not made
adequate progress toward resolution of the issues, the secretary of public
education or his designee will inform the appropriate district/charter school
personnel in writing that the district/charter school has been given ample
opportunity to correct the deficiencies and progress has not been made. A copy
of the letter will also be sent to the local school board or the governance
council of the applicable charter school. As a result, the department will
begin withholding of funds until the district/charter school has corrected the
problem(s) or made significant progress toward the resolution of the problem
areas.
