Statute, Code, and Guidance

As public schools, New Mexico charter schools must comply with all federal and state laws, administrative code, and guidance, unless those provisions are waived.

Federal Statutes

Charter schools must comply with all federal laws, including the Elementary and Secondary Education Act (ESEA), reauthorized as the Every Student Succeeds Act (ESSA); the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), the Civil Rights Act, the Equal Educational Opportunities Act, and all other federal laws.

New Mexico Statutes Annotated (NMSA) 1978

The Public School Code, Chapter 22 of NMSA, governs all public schools in New Mexico.

The Charter Schools Act (NMSA 22-8B) concerns all aspects of charter schools and the chartering authorities that authorize charter schools. Charter schools must comply not only with the provisions of this act, but also with the Open Meetings Act (NMSA10-15), the Public School Finance Act (NMSA 22-8) and all other provisions of New Mexico law.

New Mexico Administrative Code (NMAC)

NMAC Title 6 Primary and Secondary Education contains the rules promulgated by the NMPED. The NMPED Rulemaking web page explains the process. Proposed rules are posted here for public comment before they are adopted.

Unless waived by NMSA 22-8B-5, charter schools must comply with these, as well as with other sections of NMAC, such as Title 1 General Government Administration and Title 2 Public Finance.

The parts of NMAC that pertain specifically to charter schools are:

• 6.2.9 NMAC Public Education Commission (PEC) State Charter School Procedures (applicable only to schools authorized by the PEC, the authorizer of state charter schools; establishes procedures for review of new applications, annual monitoring of state charter schools by the Charter Schools Division of NMPED and annual reporting to PEC, PEC annual notices of performance to schools, renewal, revocation, corrective action, and the making of PEC procedures)
• 6.80.4 NMAC Charter School Application and Appeal Requirements (conflicts with NMSA 22-8B-6; revisions currently being prepared to post for public comment)
• 6.80.5 NMAC Charter School Governing Body Training Requirements (conflicts with NMSA 22-8B-5.1; revisions currently being prepared to post for public comment)

Guidance and Policies

The NMPED periodically issues memoranda and NMPED Offices and Programs post manuals, resources, and guidance documents on their web pages. All New Mexico public schools, including charter schools, are expected to comply with these, unless waived.

Waivers

NMSA 22-8B-5 Section C provides that the Department (NMPED) shall waive requirements or rules and provisions of the Public School Code pertaining to individual class load, teaching load, length of the school day, staffing patterns, subject areas, purchase of instructional material, evaluation standards for school personnel, school principal duties and driver education and may waive requirements or rules and provisions pertaining to graduation requirements.

The provisions the NMPED shall waive are referred to as non-discretionary waivers, because waiving them is not at the Secretary’s discretion. To notify the CSD that a school is requesting a non-discretionary waiver, please fill out the Non-discretionary Waiver Form.

Waivers are granted for the term of the charter contract but may be suspended or revoked earlier by the department.

The NMPED Waivers web page has links to forms for waivers that do require the Secretary of Education’s approval. Please email Waivers.PED@ped.nm.gov for any questions regarding waivers that must be approved by the Secretary.

Lottery Guidance for Charter Schools

NMSA 22-8B-4.1 sets forth enrollment requirements for charter schools. Please see the NMPED Charter Schools Division Lottery Guidance (updated August 18, 2023) for guidance on how lottery and enrollment policies should be implemented.