21-14A-3. Establishment authorized; board; determination of need; agreements.
A. An off-campus instruction program may be established in a school district upon the showing of need by the local board of education. An off-campus instruction program may be established to include more than one school district, in which instance the two or more local boards of education shall act as a single board and, if the off-campus instruction program is established, shall continue to act as a single board.
B. As used in the Off-Campus Instruction Act [21-14A-1 NMSA 1978], "off-campus board" means the local board of education, or the combined local boards of education acting as a single board, of the school district.
C. The duties of the off-campus board are to:
(1) initiate and conduct the survey provided for in Subsection D of this section;
(2) select one or more parent institutions which shall be one of the state educational institutions as specified in Article 12, Section 11 of the constitution of New Mexico or one of the state educational institutions established pursuant to Chapter 21 NMSA 1978;
(3) request approval of the off-campus instruction program by the commission on higher education;
(4) enter into written agreements with the board of regents of the selected parent institution, which agreements shall be subject to biennial review of all parties concerned and to the review and commentary of the commission on higher education;
(5) act in advisory capacity to the board of regents of the parent institution in all matters relating to the conduct of the off-campus instruction program;
(6) approve an annual budget for the off-campus instruction program for recommendation to the board of regents of the parent institution;
(7) certify to the board of county commissioners the tax levy; and
(8) conduct the election for tax levies for the off-campus instruction program.
D. Upon evidence of a demand for an off-campus instruction program, the off-campus board shall cause a survey to be made. The commission on higher education shall develop criteria for the establishment of an off-campus instruction program, and no such program shall be established without the written authorization of the commission.
E. If need is established, the off-campus board, in accordance with the commission on higher education criteria for initiating an off-campus instruction program, shall consult with the board of regents of the state educational institution selected to be a parent institution, and, if the off-campus board and the board of regents agree to conduct an off-campus instruction program in the area, they shall transmit a proposal to establish an off-campus instruction program to the commission. The commission shall evaluate the need and shall notify the off-campus board and the board of regents of approval or disapproval of the proposal.
F. If the proposal is approved, the off-campus board and the board of regents of the parent institution shall enter into a written agreement which shall include provisions for:
(1) the state educational institution to have full authority and responsibility in relation to all academic matters;
(2) the state educational institution to honor all credits earned by students as though they were earned on the parent campus;
(3) the course of study and program approved by the board of educational finance and offered to the students;
(4) the cooperative use of physical facilities and teaching staff; and
(5) the detailed agreement of financing and financial control of the off-campus instruction program.
G. The agreement shall be binding upon both the off-campus board and the board of regents of the parent institution; however, it may be terminated by mutual consent or it may be terminated by either board upon six months' notice.
H. For the purpose of relating off-campus instruction programs to existing laws, off-campus instruction program districts or off-campus instruction programs:
(1) shall not be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;
(2) shall not benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;
(3) shall not be subject, except as it relates to technical and vocational education, to the control, management and direction of the state board of education under Article 12, Section 6 of the constitution of New Mexico;
(4) shall not be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned; and
(5) shall not include the major attendance center of northern New Mexico community college at Espanola.
I. All elections held pursuant to the Off-Campus Instruction Act shall be as follows:
(1) the off-campus board calling the election shall give notice of the election in a newspaper of general circulation in the off-campus instruction program district at least once a week for three consecutive weeks, the last insertion to be not less than thirty days prior to the proposed election;
(2) the election shall be conducted and canvassed in the same manner as municipal school district elections unless otherwise provided in the Off-Campus Instruction Act; and
(3) any person or corporation may institute in the district court of any county in which the off-campus instruction program district affected lies an action or suit to contest the validity of any proceedings held under the Off-Campus Instruction Act, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper officials of a certificate or notification of the results of the election and the canvassing of the election returns by the board.
J. The tax rolls of the school districts comprising the off-campus instruction program district shall be adopted as the tax rolls of the off-campus instruction program district.
21-14A-3. Establishment authorized; board; determination of need; agreements.
A. An off-campus instruction program may be established in a school district upon the showing of need by the local board of education. An off-campus instruction program may be established to include more than one school district, in which instance the two or more local boards of education shall act as a single board and, if the off-campus instruction program is established, shall continue to act as a single board.
B. As used in the Off-Campus Instruction Act [21-14A-1 NMSA 1978], "off-campus board" means the local board of education, or the combined local boards of education acting as a single board, of the school district.
C. The duties of the off-campus board are to:
(1) initiate and conduct the survey provided for in Subsection D of this section;
(2) select one or more parent institutions which shall be one of the state educational institutions as specified in Article 12, Section 11 of the constitution of New Mexico or one of the state educational institutions established pursuant to Chapter 21 NMSA 1978;
(3) request approval of the off-campus instruction program by the commission on higher education;
(4) enter into written agreements with the board of regents of the selected parent institution, which agreements shall be subject to biennial review of all parties concerned and to the review and commentary of the commission on higher education;
(5) act in advisory capacity to the board of regents of the parent institution in all matters relating to the conduct of the off-campus instruction program;
(6) approve an annual budget for the off-campus instruction program for recommendation to the board of regents of the parent institution;
(7) certify to the board of county commissioners the tax levy; and
(8) conduct the election for tax levies for the off-campus instruction program.
D. Upon evidence of a demand for an off-campus instruction program, the off-campus board shall cause a survey to be made. The commission on higher education shall develop criteria for the establishment of an off-campus instruction program, and no such program shall be established without the written authorization of the commission.
E. If need is established, the off-campus board, in accordance with the commission on higher education criteria for initiating an off-campus instruction program, shall consult with the board of regents of the state educational institution selected to be a parent institution, and, if the off-campus board and the board of regents agree to conduct an off-campus instruction program in the area, they shall transmit a proposal to establish an off-campus instruction program to the commission. The commission shall evaluate the need and shall notify the off-campus board and the board of regents of approval or disapproval of the proposal.
F. If the proposal is approved, the off-campus board and the board of regents of the parent institution shall enter into a written agreement which shall include provisions for:
(1) the state educational institution to have full authority and responsibility in relation to all academic matters;
(2) the state educational institution to honor all credits earned by students as though they were earned on the parent campus;
(3) the course of study and program approved by the board of educational finance and offered to the students;
(4) the cooperative use of physical facilities and teaching staff; and
(5) the detailed agreement of financing and financial control of the off-campus instruction program.
G. The agreement shall be binding upon both the off-campus board and the board of regents of the parent institution; however, it may be terminated by mutual consent or it may be terminated by either board upon six months' notice.
H. For the purpose of relating off-campus instruction programs to existing laws, off-campus instruction program districts or off-campus instruction programs:
(1) shall not be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;
(2) shall not benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;
(3) shall not be subject, except as it relates to technical and vocational education, to the control, management and direction of the state board of education under Article 12, Section 6 of the constitution of New Mexico;
(4) shall not be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned; and
(5) shall not include the major attendance center of northern New Mexico community college at Espanola.
I. All elections held pursuant to the Off-Campus Instruction Act shall be as follows:
(1) the off-campus board calling the election shall give notice of the election in a newspaper of general circulation in the off-campus instruction program district at least once a week for three consecutive weeks, the last insertion to be not less than thirty days prior to the proposed election;
(2) the election shall be conducted and canvassed in the same manner as municipal school district elections unless otherwise provided in the Off-Campus Instruction Act; and
(3) any person or corporation may institute in the district court of any county in which the off-campus instruction program district affected lies an action or suit to contest the validity of any proceedings held under the Off-Campus Instruction Act, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper officials of a certificate or notification of the results of the election and the canvassing of the election returns by the board.
J. The tax rolls of the school districts comprising the off-campus instruction program district shall be adopted as the tax rolls of the off-campus instruction program district.
21-14A-3. Establishment authorized; board; determination of need; agreements.
A. An off-campus instruction program may be established in a school district upon the showing of need by the local board of education. An off-campus instruction program may be established to include more than one school district, in which instance the two or more local boards of education shall act as a single board and, if the off-campus instruction program is established, shall continue to act as a single board.
B. As used in the Off-Campus Instruction Act [21-14A-1 NMSA 1978], "off-campus board" means the local board of education, or the combined local boards of education acting as a single board, of the school district.
C. The duties of the off-campus board are to:
(1) initiate and conduct the survey provided for in Subsection D of this section;
(2) select one or more parent institutions which shall be one of the state educational institutions as specified in Article 12, Section 11 of the constitution of New Mexico or one of the state educational institutions established pursuant to Chapter 21 NMSA 1978;
(3) request approval of the off-campus instruction program by the commission on higher education;
(4) enter into written agreements with the board of regents of the selected parent institution, which agreements shall be subject to biennial review of all parties concerned and to the review and commentary of the commission on higher education;
(5) act in advisory capacity to the board of regents of the parent institution in all matters relating to the conduct of the off-campus instruction program;
(6) approve an annual budget for the off-campus instruction program for recommendation to the board of regents of the parent institution;
(7) certify to the board of county commissioners the tax levy; and
(8) conduct the election for tax levies for the off-campus instruction program.
D. Upon evidence of a demand for an off-campus instruction program, the off-campus board shall cause a survey to be made. The commission on higher education shall develop criteria for the establishment of an off-campus instruction program, and no such program shall be established without the written authorization of the commission.
E. If need is established, the off-campus board, in accordance with the commission on higher education criteria for initiating an off-campus instruction program, shall consult with the board of regents of the state educational institution selected to be a parent institution, and, if the off-campus board and the board of regents agree to conduct an off-campus instruction program in the area, they shall transmit a proposal to establish an off-campus instruction program to the commission. The commission shall evaluate the need and shall notify the off-campus board and the board of regents of approval or disapproval of the proposal.
F. If the proposal is approved, the off-campus board and the board of regents of the parent institution shall enter into a written agreement which shall include provisions for:
(1) the state educational institution to have full authority and responsibility in relation to all academic matters;
(2) the state educational institution to honor all credits earned by students as though they were earned on the parent campus;
(3) the course of study and program approved by the board of educational finance and offered to the students;
(4) the cooperative use of physical facilities and teaching staff; and
(5) the detailed agreement of financing and financial control of the off-campus instruction program.
G. The agreement shall be binding upon both the off-campus board and the board of regents of the parent institution; however, it may be terminated by mutual consent or it may be terminated by either board upon six months' notice.
H. For the purpose of relating off-campus instruction programs to existing laws, off-campus instruction program districts or off-campus instruction programs:
(1) shall not be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;
(2) shall not benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;
(3) shall not be subject, except as it relates to technical and vocational education, to the control, management and direction of the state board of education under Article 12, Section 6 of the constitution of New Mexico;
(4) shall not be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned; and
(5) shall not include the major attendance center of northern New Mexico community college at Espanola.
I. All elections held pursuant to the Off-Campus Instruction Act shall be as follows:
(1) the off-campus board calling the election shall give notice of the election in a newspaper of general circulation in the off-campus instruction program district at least once a week for three consecutive weeks, the last insertion to be not less than thirty days prior to the proposed election;
(2) the election shall be conducted and canvassed in the same manner as municipal school district elections unless otherwise provided in the Off-Campus Instruction Act; and
(3) any person or corporation may institute in the district court of any county in which the off-campus instruction program district affected lies an action or suit to contest the validity of any proceedings held under the Off-Campus Instruction Act, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper officials of a certificate or notification of the results of the election and the canvassing of the election returns by the board.
J. The tax rolls of the school districts comprising the off-campus instruction program district shall be adopted as the tax rolls of the off-campus instruction program district.
