New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 23 - PUBLIC SCHOOL FINANCE - COOPERATIVE AGREEMENTS
Part 3 - REGIONAL EDUCATION COOPERATIVES
Section 6.23.3.8 - ESTABLISHMENT OF REGIONAL EDUCATION COOPERATIVES
Universal Citation: 6 NM Admin Code 6.23.3.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. The secretary may authorize the existence and operation of one or more cooperatives.
(1)
The authorization process is initiated by the receipt of applications and
supporting resolutions requesting such authorization by two or more local
school boards. By application of their governing authorities, state agencies or
state institutions may be included.
(2) No local school board or state agency or
state institution may be a member of more than one cooperative.
B. Procedures
(1) The department shall develop application
procedures consistent with the requirements set forth in this rule.
Applications submitted to the secretary requesting authorization for the
existence and operation of a cooperative must address the following minimum
criteria:
(a) an accurate description of the
geographical service area of the proposed cooperative;
(b) a detailed description of the services
contemplated;
(c) a detailed
description of why the services contemplated cannot be delivered by any
currently existing cooperative(s), together with documentation that any
existing cooperative(s) within the proposed geographical service area have been
consulted regarding the proposed cooperative and the recommendation of the
existing cooperative(s) as to the establishment of the proposed
cooperative;
(d) a detailed
description of the ability of the proposed cooperative to provide the proposed
services, including the history of needs within the geographical service area
of the proposed cooperative and the historical ability of the applicants to
meet those needs;
(e) a description
of the management capabilities, including fiscal management, of the proposed
cooperative, including the history of needs within the geographical service
area of the proposed cooperative and the historical ability of the applicants
to meet those needs;
(f) a showing
of the commonality of missions among the applicants;
(g) a cost/benefit fiscal analysis of the
proposed cooperative;
(h) the
proposed budget for the first year of the cooperative's operation;
(i) proposed polices and procedures of the
cooperative; and
(j) the
acknowledgment by the local school boards and governing authorities of state
agencies or state institutions that participation in a cooperative will not
relieve said local school boards and governing authorities of state and federal
statutory and regulatory responsibilities.
(2) After review of the application, the
secretary may request such additional information as he or she deems
necessary.
(3) Within ninety (90)
days after receipt of the application, the secretary will review the
application and will either grant or deny the application for authorization of
the cooperative. In making the determination, the secretary will determine
whether the authorization of the cooperative is in the best interests of public
education in the school districts seeking such authorization and is in the best
interests of public education in the state, and will consider the following
factors:
(a) relationship of the application
to the accreditation status of the applicants;
(b) relationship of the application to
educational improvement within the geographical service area of the proposed
cooperative;
(c) sufficient size
and scope of proposed programs and services;
(d) sufficient management capacity;
(e) sufficient fiscal capacity and
management;
(f) relationship of
geographical service area to size and scope of proposed programs and services;
and
(g) such other factors deemed
relevant by the secretary.
(4) Upon authorization by the secretary for
the existence and operation of a cooperative, the local school boards and
governing authorities of the state agencies or state institutions shall enter
into a joint powers agreement. The joint powers agreement, in addition to
meeting all requirements of the Joint Powers Agreements Act, shall address
those components as may be required by the secretary and shall be subject to
the approval of the secretary. The joint powers agreement shall further:
(a) establish a mechanism whereby
participating local school boards and governing authorities of state agencies
or state institutions electing to cooperatively participate in programs funded
by monies other than IDEA-Part B notify the council and the
department;
(b) include a provision
requiring participating local school boards and governing authorities of state
agencies or state institutions desiring to participate in cooperative programs
funded by monies other than IDEA-Part B to execute a memorandum of
understanding in accordance with requirements established by the
department.
C. Changed circumstances
(1) An authorized cooperative shall notify
the secretary upon receipt of notice by a local school board or governing
authority of a state agency or state institution that said local school board
or governing authority wishes to withdraw from membership in the cooperative.
(a) The secretary will review the cooperative
and will determine whether said cooperative will continue to meet the criteria
established in Subsection B, Paragraph (3) of 6.23.3.8 NMAC.
(b) If the secretary determines that the
cooperative will no longer meet the criteria established in Subsection B,
Paragraph (3) of 6.23.3.8 NMAC, the secretary may order the dissolution of the
cooperative.
(2) An
authorized cooperative shall further notify the secretary upon receipt of
notice by a local school board or governing authority of a state agency or
state institution that the local school board or governing authority wishes to
establish membership in the cooperative.
(a)
The secretary will review the cooperative and will determine whether said
cooperative will continue to meet the criteria established in Subsection B,
Paragraph (3) of 6.23.3.8 NMAC.
(b)
If the secretary determines that the cooperative will continue to meet the
criteria established in Subsection B, Paragraph (3) of 6.23.3.8 NMAC, the
secretary will allow the requesting entity(ies) to participate and will
establish the terms thereof.
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