N.M. Stat. Ann. § 22-8-18
A. The total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through (17) in this subsection. The itemized program units are as follows:
History: 1953 Comp., § 77-6-18.1, enacted by Laws 1969, ch. 180, § 14; 1971, ch. 263, § 6; reenacted by 1974, ch. 8, § 8; 1976 (S.S.), ch. 32, § 2; 1977, ch. 244, § 1; 1986, ch. 33, § 15; 1990 (1st S.S.), ch. 3, § 4; 1993, ch. 237, § 1; 1997, ch. 40, § 3; 2003, ch. 144, § 1; 2003, ch. 152, § 7; 2005, ch. 206, §1 ; 2006, ch. 94, § 12; 2007, ch. 347, § 1; 2007, ch. 348, § 2; 2007, ch. 365, § 1; 2011, ch. 10, § 6; 2014, ch. 61, § 1; 2015, ch. 108, § 7; 2018, ch. 55, § 3; 2019, ch. 206, § 13; 2019, ch. 207, § 13; 2023, ch. 19, § 4; 2025, ch. 89, § 3; 2025, ch. 150, § 1.
2025 Multiple Amendments. — Laws 2025, ch. 89, § 3, effective July 1, 2025, and Laws 2025, ch. 150, § 1, effective June 20, 2025, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2025, ch. 150, § 1 as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2025, ch. 89, § 3 and Laws 2025, ch. 150, § 1 are described below. To view the session laws in their entirety, see the 2025 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Section 22-8-18 NMSA 1978, as amended by Laws 2025, ch. 89, § 3, included the English learners program in the list of itemized program units for the purpose of calculating the program cost, and Laws 2025, ch. 150, § 1, included the national board for certification of school nurses certification in the list of itemized program units for the purpose of calculating the program cost.
Laws 2025, ch. 150, § 1, effective June 20, 2025, included national board for certification of school nurses certification in the list of itemized program units for the purpose of calculating the program cost; in Subsection A, in the introductory paragraph, after "Paragraphs (3) through" deleted "(15)" and added "(16)", and added Paragraph A(16).
Laws 2025, ch. 89, § 3, effective July 1, 2025, included the English learners program in the list of itemized program units for the purpose of calculating the program cost; in Subsection A, in the introductory paragraph, after "Paragraphs (3) through" deleted "(15)" and added "(16)", and added Paragraph A(16).
Temporary provisions. — Laws 2025, ch. 89, § 7 provided:
A. Using money appropriated by the legislature for fiscal year 2026, the public education department shall supplement a school district's or charter school's calculated program cost in that fiscal year:
(1) if, for fiscal year 2026, the school district's or charter school's calculated program units are less than its final program units in fiscal year 2025, if the reduction is attributable to the implementation of 22-8-6.1 NMSA 1978, 22-8-18 NMSA 1978, 22-8-20 NMSA 1978, 22-8-23.3 NMSA 1978, 22-8-23.15, an amount equal to one hundred percent of the reduction attributable to those sections; and
(2) if, in fiscal year 2026, the appropriation for the purpose of implementing this subsection is insufficient to supplement school districts and charter schools in accordance with Paragraph (1) of this subsection, then in an amount equal to the school district's or charter school's prorated share of the total appropriation.
B. On or before January 31, 2026, the public education department shall submit a report to the legislative education study committee and the legislative finance committee that states the need for a supplemental appropriation for fiscal year 2026 that shows:
(1) the total sum needed to supplement school districts and charter schools in accordance with this section; and
(2) the supplemental amount for each of those school districts and charter schools.
The 2023 amendment, effective July 1, 2023, removed the itemized program units for "extended learning time" from the program cost calculation, and substituted program units for K-12 plus for K-5 plus in the program cost calculation; and in Subsection A, in the introductory paragraph, after "Paragraphs (3) through", changed "(16)" to "(15)", in Paragraph A(15), changed "K-5" to "K-12", and deleted former Paragraph A(16), which provided for program units for "extended learning time".
The 2019 amendment, effective June 14, 2019, added "K-5 plus" and "extended learning time" to the list of itemized program units for purposes of program cost calculation; in Subsection A, deleted "For fiscal year 2019, the total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) through (6) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (7) through (14) in this subsection. For fiscal year 2020 and subsequent fiscal years", after "Paragraphs (3) through", deleted "(14)" and added "(16)", and added Paragraphs A(15) and A(16); and in Subsection B, after "provided further that", deleted "if a public school has been rated D or F for two consecutive years", and after "improved student achievement", deleted "until the public school earns a C or better for two consecutive years".
Laws 2019, ch. 206, § 13, and Laws 2019, ch. 207, § 13, both effective June 14, 2019, enacted identical amendments to this section. The section was set out as amended by Laws 2019, ch. 207, § 13. See Section 12-1-8 NMSA 1978.
Applicability. — Laws 2019, ch. 206, § 29 and Laws 2019, ch. 207, § 29, provided that the provisions of §§ 2 through 19 apply to the program cost calculation in fiscal year 2020 and subsequent fiscal years.
The 2018 amendment, effective July 1, 2018, revised the formula for calculating program cost; and in Subsection A, in the introductory paragraph, added "For fiscal year 2019", after "in this subsection by the", deleted "instructional staff training and experience index" and added "staffing cost multiplier", and added "For fiscal years 2020 and subsequent fiscal years, the total program units for the purpose of computing the program cost shall be calculated by multiplying the sum of the program units itemized as Paragraphs (1) and (2) in this subsection by the staffing cost multiplier and adding the program units itemized as Paragraphs (3) through (14) in this subsection".
Temporary provisions. — Laws 2018, ch. 55, § 7 provided that:
A. Using funds appropriated by the legislature for fiscal years 2020 through 2022, the public education department shall supplement a school district's or charter school's calculated program cost in each of those fiscal years:
(1) if, for the fiscal year, the school district's or charter school's calculated program cost is less than its final program cost in the previous fiscal year, not considering any supplement the school district or charter school receives under this subsection; and
(2) as follows:
(a) for fiscal year 2020, in an amount equal to one hundred percent of the reduction attributable to the implementation of this act or the difference between the calculated program cost and the final program cost in the previous fiscal year, whichever is less;
(b) for fiscal year 2021, in an amount equal to seventy-five percent of the reduction attributable to the implementation of this act or the difference between the calculated program cost and the final program cost in the previous fiscal year, whichever is less; and
(c) for fiscal year 2022, in an amount equal to fifty percent of the reduction attributable to the implementation of this act or the difference between the calculated program cost and the final program cost in the previous fiscal year, whichever is less; but
(3) if, in a fiscal year, the appropriation for the purpose of implementing this subsection is insufficient to supplement school districts and charter schools in accordance with Paragraphs (1) and (2) of this subsection, then in an amount equal to the school district's or charter school's prorated share of the total appropriation.
B. On or before February 1 of 2020 through 2022, the public education department shall submit a report to the legislative education study committee and the legislative finance committee that states, regarding the current fiscal year:
(1) the sum needed to supplement school districts and charter schools in accordance with this section;
(2) a list of the school districts and charter schools eligible to receive a supplement in accordance with this section; and
(3) the supplement amount of each of those school districts and charter schools.
The 2015 amendment, effective July 1, 2015, required each governing body of a charter school to determine its priorities in terms of the needs of the community served by the local school board and required the public education department to ensure that each governing body of a charter school with a D or F rating is prioritizing resources toward proven programs and methods linked to improved student achievement until the school earns a grade of C or better for two consecutive years; in Subsection B, after "responsibility of the local school board or,", added "for a charter school, the", and after "ensure that the local school board or,", added "for a charter school, the".
The 2014 amendment, effective May 21, 2014, incorporated the home school student program unit provision in the program cost calculation provisions of the Public School Finance Act; in Subsection A, added Paragraph (12); and in Subsection B, in the third sentence, after "enumerated in this section are met", added "and", and after "and provided", deleted "however" and added "further".
The 2011 amendment, effective June 17, 2011, required the department to ensure that public schools that are rated D or F prioritize resources to improve student achievement.
The 2007 amendment, effective June 15, 2007, added home school student activities into the program cost calculation.
The 2006 amendment, effective July 1, 2007, added the governing body of a charter school in Subsection B.
The 2005 amendment, effective June 17, 2005, added national board certification in the program cost calculation in Subsection A.
The 2003 amendment, effective June 20, 2003, in Subsection A, substituted "through (5) in this subsection by the instructional" for "through (4) in this subsection by the instruction" following "as Paragraphs (1)", substituted "Paragraphs (6) through (9)" for "Paragraphs (5) through (8)" following "units itemized as"; added Paragraph A(5) and redesignated former Paragraphs A(5) to (8) as present Paragraphs A(6) to (9); and added Paragraph A(10).
The 1997 amendment, effective July 1, 1997, in Subsection A, substituted "membership in class D special education programs" for "class D special education MEM" throughout the subsection, added Subparagraph (6) and redesignated the remaining subparagraphs accordingly, and made a stylistic change.
The 1993 amendment, effective June 18, 1993, added "or new district adjustment" at the end of Paragraph (6) of Subsection A.
The 1990 (1st S.S.) amendment, effective July 1, 1990, in Subsection A, substituted "Paragraphs (5) through (7)" for "Paragraphs (5) and (6)" in the first sentence, "special education MEM" for "special education ADM" in Paragraph (3), added present Paragraph (6), and redesignated former Paragraph (6) as present Paragraph (7), substituting therein "special education MEM" for "special education ADM".