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 6.27.3.16 - ASSISTANCE FOR PUBLIC SCHOOL LEASE PAYMENTS

Universal Citation: 6 NM Admin Code 6.27.3.16

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

A. Applications for assistance to school districts for the purpose of making lease payments for classroom facilities shall be made to the authority by the school district. Classroom facilities include the space needed, as determined by the minimum required under statewide adequacy standards for the direct administration of school activities. Only charter schools are eligible to receive grants for the purpose of assistance with making lease payments for classroom facilities pursuant to a lease purchase agreement. Applications for such lease assistance on behalf of locally chartered charter schools shall be made to the authority through the school district; provided, however, that if the school district fails to make an application on behalf of a charter school, the charter school may submit its application directly to the authority. A state chartered charter school shall submit its application directly to the authority. The application must contain all supporting documentation, including:

(1) a copy of the lease or lease purchase agreement;

(2) the annualized cost of the lease for the fiscal year for which the school seeks assistance; and

(3) the MEM using leased classroom facilities, as determined by calculating:
(a) the average full-time-equivalent enrollment using leased classroom facilities on the eightieth and one hundred twentieth days of the prior school year; or

(b) in the case of an approved charter school that has not commenced classroom instruction, the estimated full-time-equivalent enrollment that will use leased classroom facilities in the first year of instruction, as shown in the approved charter school application, provided that, after the eightieth day of the school year, the MEM shall be adjusted to reflect the full-time-equivalent enrollment on that date.

B. The amount of a grant to a school district shall not exceed:

(1) the actual annual lease payments owed for leasing classroom space for schools, including charter schools, in the district; or

(2) seven hundred dollars ($700) multiplied by the number of MEM using the leased classroom facilities; provided that in fiscal year 2009 and in each subsequent fiscal year, this amount shall be adjusted by the percentage increase between the penultimate calendar year and the immediately preceding calendar year of the consumer price index for the United States, all items, as published by the United States department of labor.

C. A grant received for the lease payments of a charter school may be used by that charter school as a state match necessary to obtain federal grants.

D. At the end of each fiscal year, any unexpended or unencumbered balance of the appropriation shall revert to the fund.

E. The authority shall consult with the department regarding applications for charter school lease assistance and provide recommendations to the council regarding the applications.

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