N.M. Admin. Code § 6.27.2.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.27.2.9 - AUTHORITY DUTIES

A. The authority shall perform duties as provided by law and as directed by the council.

B. As required by law and rule, or in addition to such duties as set forth in law and rule, the authority shall:

(1) consult with the secretary of public education or the secretary's designee prior to recommending building standards for public school facilities to the council;

(2) maintain the statewide database that reflects the condition of each public school facility;

(3) develop, implement and maintain a uniform web-based facility information management systems (FIMS);

(4) assist public school districts with implementation and maintenance of FIMS;

(5) account for all distributions of grant assistance from the fund for which the initial award was made after July 1, 2004, and make annual reports to the department, the governor, the legislative education study committee, the legislative finance committee, the public school capital outlay oversight task force and the legislature; and

(6) administer all appropriations, monies, projects, contracts, agreements, records, property, equipment and supplies previously administered by the deficiencies correction unit of the public school capital outlay council.

C. Advise the council of the need to make allocations for emergencies that require immediate action by the authority to safeguard the health or safety of students or school personnel, or where there is a threat of significant property damage if immediate action is not taken. All applications for emergency capital outlay grant assistance must be submitted to the authority on the current, approved, and designated form, and which form shall be signed by the school board president, the school district superintendent and the regional manager of the authority for the region in which the school is located. As part of the application, a quorum of the school board submitting the application must meet either in a regular meeting or a special meeting called for the purpose of declaring an emergency. The school board, in addition to declaring an emergency, must certify that no other funds are available to address the emergency. Depending upon the amount of the emergency grant request, the following procedures shall apply.

(1) If the grant request is for $150,000 or less, the director, with the approval of the council chair, may grant or advance up to $150,000 for school district emergencies if it is determined by the director that sufficient district funds are not available. In instances where district cash flow or cash balances prevent available funds from being used for the emergency, emergency assistance may be offered in the form of an advance to be repaid as opposed to a grant.

(2) If the grant request is for more than $150,000, consideration of the request must be by a quorum of the council in a public meeting. The district will be notified of when and where the meeting will be held and will be provided the opportunity to appear before the council to address the emergency funding request. In instances where district cash flow or cash balances prevent available funds from being used for the emergency, emergency assistance may be offered in the form of an advance to be repaid by the district.

N.M. Admin. Code § 6.27.2.9

6.27.2.9 NMAC - N, 06/15/04; A, 08/31/05; A, 07/15/10