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 6.27.3.15 - PORTABLE CLASSROOMS

A. The council may authorize expenditures from the public school capital outlay fund to purchase portable classroom buildings for loan to school districts to meet a temporary requirement. The council has authorized the authority to administer its portable classroom loan program in the manner set forth in this rule. Purchases of portable classroom buildings not associated with a capital outlay project award require specific authorization by the council. When an award includes provisions to use allocations from the public school capital outlay fund to purchase portable classroom buildings as part of that project, no further approval is required from the council for the portables to be purchased. Such portables, however, remain the property of the council, and when they are no longer needed by a school district because of the construction of permanent facilities, the school district shall return the portables to the authority. Nothing in this rule applies to portable classroom buildings purchased with school district funds. Should a school district find that it no longer needs a portable classroom building purchased with school district funds, the authority, may purchase the portable classroom building from the school district. Such a purchase would need council approval only if the purchase is not associated with a capital outlay award for another district.

B. The authority shall develop applications for loan, transfer or return of state-owned portable classroom buildings. Applications shall be signed by the school district superintendent and shall be delivered to the authority regional manager of the region in which the school district is located. The application for loan of portable classrooms shall address, at a minimum:

C. The application for return or transfer of portable classrooms shall address, at a minimum:

D. Applications for loan, transfer or return of state owned portable classroom buildings shall be submitted to the authority. The application will be reviewed by the director of the authority, who shall make a determination of approval or denial, and notify the school district of the determination in writing. The director shall periodically report to the council with respect to the applications granted or denied.

E. A portable classroom use agreement shall be required for portable classroom units loaned for each school site. The agreement shall require the signatures of the district superintendent and the director, or their designees. The term of use shall not exceed five (5) years. Such agreements may be renewed and the term extended for additional five (5) year intervals if the district makes a written request to the authority no later than sixty (60) days prior to the end of the term of the current agreement. If the school district determines that a portable classroom is no longer required during the term of the current agreement, the school district must provide written notification to the authority at least one hundred twenty (120) days prior to the date the portable classroom is no longer required. All rights and responsibilities of the parties to the portable classroom use agreement shall remain in effect under the terms of the agreement until such time as the authority determines to allow early release of the school district from the terms of the agreement.

F. The school district is responsible for making the arrangements for and paying all expenses related to disconnecting and transporting the portable classroom from its current location, and all site preparation, utility extensions, permits and other costs for placement at a new location. Additionally, the relocation of the portable must comply with the requirements of 6.27.2.12 NMAC.

G. The school district, at its sole expense shall keep, repair and maintain the portable classroom and all related improvements in a reasonable state of repair and preservation and shall not suffer or permit any continuing nuisance thereon. The portable classroom shall be maintained in an as is or better condition as existed when the district took possession of the building. This will include preventive maintenance on the building systems and installed equipment in accordance with the school district's preventive maintenance plan. All renovations, upgrades and building modifications shall become the responsibility of the receiving school district.

H. The council may, in its discretion, authorize the authority to permanently transfer portable classrooms to the district or otherwise permanently dispose of the portable classrooms in accordance with Chapter 13, Article 6 NMSA 1978.