1. A. Each public school shall keep accurate records concerning membership in the public school.

2. B. The dates for which MEM is reported are as follows:

   1. (1) the first reporting date is the second Wednesday in October of each year;
   2. (2) the second reporting date is December 1 or the first working day in December of each year; and
   3. (3) the third reporting date is the second Wednesday in February of each year.

3. C. The superintendent of each school district or head administrator of each state-chartered charter school shall maintain the following reports for each reporting period:

   1. (1) the basic program MEM by grade in each public school;
   2. (2) the early childhood education MEM;
   3. (3) the special education MEM in each public school in class C and class D programs as defined in Section 22-8-21 NMSA 1978;
   4. (4) the number of class A and class B programs as defined in Section 22-8-21 NMSA 1978;
   5. (5) the full-time-equivalent MEM for bilingual multicultural education programs; and
   6. (6) the distance-learning-student MEM by grade in each public school.
4. D. The superintendent of each school district and the head administrator of each state-chartered charter school shall furnish all reports required by law or the department to the department on or before the close of each reporting period or as otherwise requested by the department. Failure of the department to approve timely submissions shall not cause a school district or charter school to be found noncompliant with the requirements of this section.
5. E. For purposes of this section, "working day" means every calendar day excluding Saturdays, Sundays and legal holidays.
6. F. The information required pursuant to this section shall be submitted in a manner prescribed by the department. A copy of any report made pursuant to this section shall be kept as a permanent record of the school district or charter school and shall be subject to inspection and audit at any reasonable time.
7. G. The department may withhold up to one hundred percent of allotments of funds to any school district or state-chartered charter school where the superintendent or head administrator has failed to comply with the requirements of this section. The withholding may continue until the superintendent or head administrator complies with and agrees to continue complying with the requirements of this section.
8. H. The provisions of this section may be modified or suspended by the department for any school district, school or state-chartered charter school operating under the Variable School Calendar Act [22-22-1 to 22-22-6 NMSA 1978]. The department shall require MEM reports consistent with the calendar of operations of such school district, school or state-chartered charter school and shall calculate an equivalent MEM for use in projecting school district or charter school revenue.

History: Laws 1967, ch. 16, § 68; 1953 Comp., § 77-6-14; Laws 1969, ch. 180, § 11; 1971, ch. 263, § 4; 1972, ch. 16, § 7; reenacted by Laws 1974, ch. 8, § 3; 1975, ch. 90, § 1; 1976 (S.S.), ch. 32, § 1; 1978, ch. 128, § 6; 1988, ch. 64, § 24; 1990, ch. 94, § 2; 2006, ch. 94, § 8; 2010, ch. 116, § 3; 2011, ch. 70, § 1; 2026, ch. 8, § 3.

ANNOTATIONS

Cross references. — For transfer of powers and duties of former state superintendent and former state board, see 9-24-15 NMSA 1978.

The 2026 amendment, effective July 1, 2026, required school districts and charter schools to maintain certain records regarding students enrolled in a distance learning program, and revised the timing for providing reports to the public education department; in Subsection B, Paragraph B(1), after "October" added "of each year", in Paragraph B(2), after "December" added "of each year", and in Paragraph B(3), after "February" added "of each year", in Subsection C, added Paragraph C(6); in Subsection D, after "to the department" deleted "within ten working days of" and added "on or before", and after "reporting period" added "or as otherwise requested by the department"; and added new subsection designation "E." and redesignated former Subsections E through G as Subsections F through H, respectively.

Temporary provisions. — Laws 2026, ch. 8, § 13 effective February 25, 2026, provided:

A. For the purposes of the Public School Finance Act [Chapter 22, Article 8 NMSA 1978] in fiscal year 2026, a school district with MEM over eight thousand whose MEM on the first reporting date of fiscal year 2026 is at least ten percent lower than the school district's MEM on the first reporting date of fiscal year 2025 shall calculate the total number of program units to which the school district is entitled by averaging the school district's MEM on the first reporting date of fiscal year 2025 and the school district's MEM on the first reporting date of fiscal year 2026.

B. For the purposes of the Public School Finance Act in fiscal years 2026 and 2027, a school district is not eligible for enrollment growth program units pursuant to Section 22-8-23.1 NMSA 1978 for students enrolled in a full-time distance learning program.

C. For fiscal year 2027, a school district or charter school shall not reorganize to create a school district, school or school program that has a majority of students enrolled in a full-time distance learning program.

D. The legislative education study committee, in collaboration with the legislative finance committee and the public education department, shall conduct a comprehensive study on virtual instruction in the state. The study shall evaluate the status of full-time distance learning programs or similar programs and assess the outcomes of students enrolled in the programs, with particular focus on those students who are in kindergarten through fifth grade, the cost of operating the programs and potential legislative action regarding full-time distance learning programs. On or before November 1, 2026, the legislative education study committee shall submit a final report on the comprehensive study to the governor, the public education department and the legislative finance committee.

E. As used in this section, "full-time distance learning program" means a public school instructional program in which students receive virtual instruction and are not required to attend school at a school building.

The 2011 amendment, effective June 17, 2011, designated December 1 or the first working day in December as the second reporting date and defined "working day".

The 2010 amendment, effective May 19, 2010, in Subsection A, after "Each public school", deleted "in a school district and each state-chartered charter school"; added Subsection B; in Subsection C, in the introductory sentence, after "reports for each", deleted "twenty-day"; in Subsection D, after "school shall furnish", added "all reports required by law or the department"; after "to the department", deleted "reports of the information required in Paragraph (1) through (5) of Subsection A of this section for the first forty days of the school year. The forty-day report and all other reports required by law or by the department shall be furnished within five", and added "within ten"; after "days of the close of", deleted "the" and added "each"; and added the last sentence; in Subsection F, in the first sentence, after "The department", deleted "shall" and added "may"; after "may withhold", added "up to one hundred percent of"; and after "has failed to comply", added the remainder of the sentence; and at the beginning of the second sentence, added "Withholding may continue" and in Subsection G, in the second sentence, after "projecting school district" added "or charter school".

The 2006 amendment, effective July 1, 2007, added state-chartered charter school and the head administrator of a state-chartered charter school in Subsection A; added the head administrator of a state-chartered charter school in Subsection B; added state-chartered charter school and the head administrator in Subsection D; and added state-chartered charter school in Subsection E.

The 1990 amendment, effective May 16, 1990, substituted "MEM" for "ADM" throughout the section and, in Subsection B, deleted "the first eighty days of the school year and for the entire school year" at the end of the first sentence, substituted "The forty-day report and all other reports required by law or by the state board" for "The reports for the first forty days and the first eighty days" at the beginning of the second sentence and deleted a third sentence which read "The report for the entire school year shall be furnished not later than fifteen days following the end of each school year".

The 1988 amendment, effective May 18, 1988, substituted "department" for "division" in Subsections B, D, and E; substituted "22-8-21 NMSA 1978" for "77-6-18.4 NMSA 1953" in Subsection A(3); added "as defined in Section 22-8-21 NMSA 1978" in Subsection A(4); deleted the last sentence of Subsection B regarding forty-day and eighty-day reports; and substituted "department" for "director" in Subsections D and E.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of state or local government regulation requiring private school to report attendance and similar information to government - post-Yoder cases, 8 A.L.R.5th 875.