New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL
Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS
Section 6.27.3.10 - SPECIAL APPROPRIATION REJECTION

Universal Citation: 6 NM Admin Code 6.27.3.10

Current through Register Vol. 35, No. 18, September 24, 2024

A. The school district must determine whether to accept or reject any legislative appropriation made after January 1, 2003 for non-operating purposes either directly to the subject school district or to another governmental entity for the purpose of passing the money through directly to the subject school district, but excluding educational technology appropriations made prior to January 1, 2005 and reauthorizations of appropriations previously made to the school district. This includes determinations with regard to direct appropriations for charter schools within the school district. After January 1, 2007, determinations regarding appropriations for non-operating purposes to a specific state-chartered charter school shall be made by the charter school unless the appropriation was previously used to calculate a reduction pursuant to this section regardless of whether the charter school is a state-chartered charter school at the time of the appropriation or later becomes a state-chartered school.

(1) The school district must notify the department of finance and administration and the public education department in writing that it is rejecting an appropriation prior to June 1 of the fiscal year during which the appropriation is made.

(2) The rejection of the direct appropriation must be supported by the affirmative action of the local school board.

(3) Submission of the completed questionnaire for a project funded by a direct legislative appropriation and the corresponding sale of the bonds will be deemed to constitute the school district's acceptance of the project.

B. Any direct appropriation not otherwise excepted from this requirement and not rejected by the school district shall result in the application of the offset as calculated pursuant to Paragraph (6) of Subsection B of Section 22-24-5 NMSA 1978. The total of direct appropriations shall include an amount, certified to the council by the department, equal to the educational technology appropriations made to the subject school district on or after January 1, 2003 and prior to January 1, 2005 and not previously used to offset distributions pursuant to the Technology for Education Act. All federal money disbursed to a school district for non-operating purposes pursuant to Title XIV of the American Recovery and Reinvestment Act of 2009 shall also result in the application of the offset pursuant to this subsection.

(1) The total shall exclude one-half of the amount of any appropriation made or reauthorized after January 1, 2007 if the purpose of the appropriation or reauthorization is to fund, in whole or in part, a capital outlay project that, when prioritized by the council pursuant to this section either in the immediately preceding funding cycle or in the current funding cycle, ranked in the top one hundred and fifty projects statewide.

(2) The total shall exclude the proportionate share of any appropriation made or reauthorized after January 1, 2008 for a capital project that will be jointly used by a governmental entity other than the subject school district. A school district proposing to jointly use a facility funded from a capital outlay appropriation shall submit a joint-use agreement executed between the district and governmental entity which details the terms of the proportional use as well as any future capital, operational and maintenance costs associated with the facility. The council shall determine the proportionate share to be used by the district and provide this information to the department to include in the calculation of the applicable offset. Joint-use agreements requests received prior to June 1 of the fiscal year will be calculated into the offset applicable to each school district for the current standards-based award cycle. Joint-use agreements requests received after June 1 of the fiscal year will carry-forward and be applicable to future award cycles under the standards-based process.

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