N.M. Admin. Code § 6.80.4.19

Current through Register Vol. 35, No. 22, November 19, 2024

Section 6.80.4.19 - LOTTERY WHEN CHARTER SCHOOL CAP IS EXCEEDED

A. For purposes of compliance with Section 22-8B-11 NMSA 1978, the first five-year period shall be deemed to have ended in 2003 and the successive five-year periods begin in 2003.

B. If by October 1, the chartering authorities have authorized more charter schools than permitted by Section 22-8B-11

NMSA 1978, the department shall notify all chartering authorities with newly authorized charter schools that those charter schools may not be established for operations until a lottery is held.

C. Within 45 days after determining that the cap for charter schools has been exceeded, the department shall conduct a lottery at a publicly noticed meeting to determine the available slots for charter schools. The department shall randomly draw the names of charter schools from the available pool of all charter schools that were authorized by October 1. The charter schools whose names were drawn shall be given the available charter school slots until the maximum numbers of slots have been selected. The charter schools that are selected shall be approved for operation in the first fiscal year after the lottery. The charter schools whose names were not drawn shall be approved for operation in the second fiscal year after the lottery.

D. A charter school that was approved for operation in the second fiscal year after participation in a lottery shall not be subject to a second lottery in the event that in the second fiscal year more charter schools are authorized than permitted by Section 22-8B-11 NMSA 1978.

E. Any charter school authorized after October 1 in a year in which the department conducts a lottery pursuant to this rule, shall be approved for operation no earlier than the second fiscal year after the school was authorized.

N.M. Admin. Code § 6.80.4.19

6.80.4.19 NMAC - Rn, 6.80.4.17 NMAC, 6/30/08; 6.80.4.19 NMAC - N, 6/30/09, Amended by New Mexico Register, Volume XXXI, Issue 18, September 29, 2020, eff. 9/29/2020