Federal Aid to Education

NMSA 1978 ch. 22, art. 9

in effect

NMSA 1978, § 22-9-2 Federal aid to education; state educational agency

22-9-2. Federal aid to education; state educational agency The department shall be the sole educational agency of the state for the administration or for the supervision of the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid for education, school construction or school breakfast or lunch programs, except as is provided in Section 21-1-26 NMSA 1978 and as may otherwise be provided by law. 1953 Comp., § 77-7-2, enacted by Laws 1967, ch. 16, § 102; 2004, ch. 27, § 22; 2011, ch. 35, § 2.

NMSA 1978, § 22-9-3 State educational agency; powers; duties

22-9-3. State educational agency; powers; duties Whenever the department is the sole educational agency of the state pursuant to the provisions of Section 22-9-2 NMSA 1978, it may: A. enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statute; B. establish a state plan, if required by the federal statute, which meets the requirements of the federal statute to qualify the state for the benefits of the federal statute; C. provide for reports to be made to the federal agency as may be required; D. provide for reports to be made to the department or its representative from agencies receiving federal funds; E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal funds are to be applied; F. establish standards to which agencies must conform in receiving federal funds; and G. give technical advice and assistance to any local educational agency in connection with that agency obtaining federal funds. 1953 Comp., § 77-7-3, enacted by Laws 1967, ch. 16, § 103; 2004, ch. 27, § 23.

NMSA 1978, § 22-9-4 Limitation on accepting grants and gifts

22-9-4. Limitation on accepting grants and gifts Federal funds, gifts or grants relating to aid for education, school construction or school breakfast or lunch programs may be accepted by the state only if supervision and control of courses of instruction and the personnel of public schools is reserved to the state or its local subdivisions. 1953 Comp., § 77-7-4, enacted by Laws 1967, ch. 16, § 104; 2011, ch. 35, § 3.

NMSA 1978, § 22-9-5 Custody of funds; budgets; disbursements

22-9-5. Custody of funds; budgets; disbursements A. The state treasurer shall be the custodian of all funds received by the state by virtue of a federal statute, gift or grant relating to aid for education, school construction or school breakfast or lunch programs. The state treasurer shall hold these funds in separate accounts according to the purpose of the grant or gift. B. All federal funds, gifts or grants administered by the department shall be budgeted, accounted for and disbursed as provided by law and by the rules of the department of finance and administration. 1953 Comp., § 77-7-5, enacted by Laws 1967, ch. 16, § 105; 2011, ch. 35, § 4.

NMSA 1978, § 22-9-6 Authorization to receive federal grants and to submit a state plan

22-9-6. Authorization to receive federal grants and to submit a state plan For purposes of receiving federal grants pursuant to Section 842 of Public Law 93-380, Assistance to States for State Equalization Plans, the state department of public education [department] is designated the state agency and is authorized to submit a state plan to the United States secretary of education. 1953 Comp., § 77-7-6, enacted by Laws 1976, ch. 21, § 1; 1977, ch. 246, § 64; 1980, ch. 151, § 50; 1988, ch. 64, § 39.

NMSA 1978, § 22-9-7 Federal grant-in-aid funds; custody; deposit; disbursement

22-9-7. Federal grant-in-aid funds; custody; deposit; disbursement The state treasurer is the trustee for all funds apportioned to the state under any act of congress and he is directed to enter into agreements with, and to comply with the rules and regulations of, such agencies of the federal government as are necessary to procure for the state grants of federal aid to education. Any funds received under any act of congress shall be held by the state treasurer in special funds designated in accordance with the purposes of the grant made and shall be paid out by him only on warrant of the secretary of finance and administration. Warrants shall be issued only upon voucher of the superintendent of public instruction for disbursements other than for rural library service. Disbursements made for rural library service shall be made only upon voucher issued by the state librarian. Laws 1939, ch. 162, § 2; 1941 Comp., § 55-519; 1953 Comp., § 73-6-32; Laws 1961, ch. 126, § 8; 1977, ch. 247, § 192.

NMSA 1978, § 22-9-8 State educational authorities for federal grant administration

22-9-8. State educational authorities for federal grant administration The superintendent of public instruction [secretary] shall be the state educational authority to represent the state in administration of any funds received under any act of congress to authorize grants to states in aid of education other than grants for aid to rural library service and, as to such grants and funds received thereunder, the state librarian shall be the authority to represent the state in the administration of the funds. Laws 1939, ch. 162, § 3; 1941 Comp., § 55-520; 1953 Comp., § 73-6-33; Laws 1961, ch. 126, § 9.

NMSA 1978, § 22-9-9 Agencies for grants-in-aid; powers; duties

22-9-9. Agencies for grants-in-aid; powers; duties Whenever, under any act of the congress of the United States, federal aid to education is made available to the states: A. the superintendent of public instruction [secretary] shall: (1) enter into any agreements with the proper federal agency or agencies necessary to procure for this state all benefits which may be available under any such act of congress; (2) provide for and install an adequate system of auditing for the expenditure of funds to be received through the provisions of any such act of congress and to be apportioned to local school jurisdictions and teacher-training institutions, to educational agencies and institutions, conducting adult education, and to the state educational authority for any other purpose or purposes; (3) provide an adequate system of reports to be made to such superintendent from local school jurisdictions and teacher-preparation institutions, from educational agencies and institutions conducting adult education, and from such other jurisdictions, institutions and agencies as may be required; (4) develop and provide a plan of apportioning among local school jurisdictions any funds received for expenditure within such jurisdictions in such manner as to assist effectively in equalizing educational opportunities in public elementary and secondary schools within the state, such plan to conform as near as may be to any requirements of the act of congress and rules and regulations issued thereunder; (5) develop and provide a plan of apportioning any funds received for expenditures in eligible institutions based on recommendations of the board of educational finance; (6) develop and provide a plan for apportioning funds received for expenditure for adult education among public educational agencies and institutions in this state in such manner as will effectively contribute to the development of an economical, effective and comprehensive program of adult education; and (7) make surveys and prepare and maintain state standards for the development of improved administrative units and attendance areas for the public elementary and secondary schools in anticipation of the availability of funds for the construction or alteration of buildings in connection with the public elementary and secondary schools, and for such purpose the superintendent may cooperate with any other public agency which he may designate; and B. the state librarian of this state is hereby authorized and directed to: (1) enter into any and all agreements with the proper federal agency or agencies necessary to procure for this state all benefits for rural or other library service which may be available under any such act of congress; (2) make and administer all plans which may be necessary to carry out any provisions of any such act of congress which offers aid to library service; (3) provide for and install an adequate system of auditing of the expenditure of funds to be received through the provisions of any such act of congress and to be apportioned to libraries and library services; (4) provide for an adequate system of reports to be made to him from libraries and library services; and (5) develop and provide a plan for apportioning any funds received for expenditure for library service which will provide for maintenance of a cooperative and integrated system of library service throughout the state, for suitable cooperative arrangements with school systems, cooperative agricultural extension services, and other appropriate agencies, and in such manner of apportioning as will effectively lessen inequalities of opportunity for library service. Laws 1939, ch. 162, § 4; 1941 Comp., § 55-521; 1953 Comp., § 73-6-34; Laws 1961, ch. 126, § 10; 1961, ch. 217, § 1; 1977, ch. 246, § 48.

NMSA 1978, § 22-9-10 Reports; federal funds; federal agencies; legislature

22-9-10. Reports; federal funds; federal agencies; legislature A. Whenever required by any act of congress authorizing federal aid to education or any rules issued pursuant thereto: (1) the state superintendent [secretary] shall make reports with respect to expenditure of funds received and progress of education generally, progress of adult education generally or any other matters in the form and containing information required by the appropriate federal agencies; and (2) the state librarian shall make reports with respect to expenditure of funds received and progress of library service in the form and containing information required by the appropriate federal agencies. B. Annually, by November 1, the state superintendent [secretary] shall submit to the legislative education study committee, the legislative finance committee and the library of the legislative council service a detailed report of all federal funds distributed to the state department of public education in the federal fiscal year ending September 30, one year prior to the date of the report, with a description of the purpose for which the state received the money and a detailed accounting of how the funds were expended. Laws 1939, ch. 162, § 5; 1941 Comp., § 55-522; 1953 Comp., § 73-6-35; Laws 1961, ch. 126, § 11; 2001, ch. 313, § 2.

NMSA 1978, § 22-9-11 [School facility construction grants-in-aid; enforcement of labor standards.]

22-9-11. [School facility construction grants-in-aid; enforcement of labor standards.] In the event that the state shall accept any provision of any such act of congress which authorizes and grants aid in the construction of school facilities, the superintendent of public instruction [secretary] shall, by contract or otherwise, enforce labor standards not less beneficial to employees on such projects than those required under Sections 1 and 2 of the act of August 30, 1935 (49 Stat. 1011, ch. 825), as amended; provided, that the act of congress authorizing such aid shall so require. Laws 1939, ch. 162, § 6; 1941 Comp., § 55-523; 1953 Comp., § 73-6-36.

NMSA 1978, § 22-9-12 Official notice of acceptance of federal acts for education and library service

22-9-12. Official notice of acceptance of federal acts for education and library service The superintendent of public instruction [secretary] shall transmit to the proper federal agency designated in any act of congress authorizing federal aid to education, official notice of acceptance of any parts and titles of the act and transmit therewith certified copies of this act [22-9-7 to 22-9-12 NMSA 1978] and apportionment plans required in connection with the granting of any funds by any act of congress. In the case of aid to rural or other library service authorized in any act of congress, the official notice with the necessary certified copies as relate to library service shall be transmitted by the state librarian. Laws 1939, ch. 162, § 9; 1941 Comp., § 55-524; 1953 Comp., § 73-6-37; Laws 1961, ch. 126, § 12.

NMSA 1978, § 22-9-13 [Superintendent of public instruction declared sole agency for administration of federal aid to education.]

22-9-13. [Superintendent of public instruction declared sole agency for administration of federal aid to education.] The superintendent of public instruction [secretary] is hereby designated as the sole agency of the state of New Mexico for the administration of any and all plans which may be established or funds which may be available to the state, or for which the state may be eligible by virtue of any legislation enacted by the federal government, to authorize federal assistance to states and communities to enable them to increase public elementary and secondary school construction. 1953 Comp., § 73-6-37.1, enacted by Laws 1955, ch. 135, § 1.

NMSA 1978, § 22-9-14 [Promulgation of standards and procedures; sale of obligations; purposes for which payments may be used.]

22-9-14. [Promulgation of standards and procedures; sale of obligations; purposes for which payments may be used.] Said superintendent [secretary] shall, as required or necessary for such eligibility, set forth and promulgate standards and procedures, conforming to federal requirements, for determining eligibility of local educational agencies for payment under such federal legislation, and the amounts thereof, and the need for the facilities to be constructed, which standards and procedures shall provide reasonable assurance that: A. such payments will be made only if, and to the extent, necessary to enable any local educational agency: (1) to sell to the federal government or such agency as may be designated for such purpose obligation [obligations] in the amounts needed by such agency to construct the school facilities with respect to which the payments are made; or (2) if such agency is legally unable to sell such obligations, to rent such facilities from a state school-building agency at rentals which the federal government or its designated agent determines to be comparable to those charged by state school-building agencies pursuant to agreements with the federal government or its designated agent; and, B. such payments will be made only with respect to the construction of school facilities needed to relieve or prevent extreme overcrowding, double shifts or unhealthful or hazardous conditions. 1953 Comp., § 73-6-37.2, enacted by Laws 1955, ch. 135, § 2.

NMSA 1978, § 22-9-15 [Accounting, budgeting and other fiscal methods to be prescribed by superintendent.]

22-9-15. [Accounting, budgeting and other fiscal methods to be prescribed by superintendent.] Said superintendent [secretary] shall provide and require such accounting, budgeting and other fiscal methods and procedures as are necessary for the proper and efficient administration of such federal plan or plans. 1953 Comp., § 73-6-37.3, enacted by Laws 1955, ch. 135, § 3.

NMSA 1978, § 22-9-16 [Reports.]

22-9-16. [Reports.] Said superintendent [secretary] shall provide for the making of such reports, in such form and containing such information as the federal government or its designated agent may from time to time reasonably require to carry out the provisions of applicable legislation, and for compliance with such provisions as may from time to time be necessary to assure the correctness and verification of such reports. 1953 Comp., § 73-6-37.4, enacted by Laws 1955, ch. 135, § 4.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18522/index.doFetched: 10/20/2026