N.M. Stat. § 22-8-38
Boards of finance; designation.
A. Upon written application to and approval of the department, a local school board
may be designated a board of finance for public school funds of the school district. A
local school board designated as a board of finance may require all funds distributed to,
allocated to or collected for the school district or the public schools under its jurisdiction
to be deposited with it. The department shall designate a local school board as a board
of finance if:
(1)
the local school board shows to the satisfaction of the department that it
has personnel properly trained to keep accurate and complete fiscal records;
(2)
the local school board agrees to consult with the department on any
matters not covered by the manual of accounting and budgeting before taking any
action relating to funds held by it as a board of finance;
(3)
the persons handling these funds are adequately bonded to protect the
funds entrusted to them from loss; and
(4)
the local school board making application has not been suspended and
not reinstated as a board of finance within the past year.
B. A charter school applicant requesting a charter from the commission shall submit
a plan detailing how its governing body will qualify for designation as a board of finance
for public school funds of the charter school. The governing body of a proposed state-
chartered charter school shall qualify as a board of finance before the first year of
operation of the charter school. The governing body of a state-chartered charter school
designated as a board of finance may require all funds distributed to, allocated to or
collected for the state-chartered charter school to be deposited with the governing body.
The commission shall designate the governing body of a state-chartered charter school
as a board of finance if:
(1)
the governing body shows to the satisfaction of the commission that it has
personnel properly trained to keep accurate and complete fiscal records;
(2)
the governing body agrees to consult with the division on any matters not
covered by the manual of accounting and budgeting before taking any action relating to
funds held by it as a board of finance;
(3)
the persons handling these funds are adequately bonded to protect the
funds entrusted to them from loss; and
(4)
the governing body was not a governing body of a charter school or does
not have a member who was a member of a governing body of a charter school that
was suspended and not reinstated as a board of finance.
C. Failure of the governing body of a proposed state-chartered charter school to
qualify for designation as a board of finance constitutes good and just grounds for
denial, nonrenewal or revocation of its charter.