A. An off-campus instruction program may be established in a school district upon the showing of need by the local board of education. An off-campus instruction program may be established to include more than one school district, in which instance the two or more local boards of education shall act as a single board and, if the off-campus instruction program is established, shall continue to act as a single board.

B. As used in the Off-Campus Instruction Act, "off-campus board" means the local board of education, or the combined local boards of education acting as a single board, of the school district.

C. The duties of the off-campus board are to:

(1) initiate and conduct the survey provided for in Subsection D of this section;

(2) select one or more parent institutions, which shall be one of the state educational institutions as specified in Article 12, Section 11 of the constitution of New Mexico or one of the state educational institutions established pursuant to Chapter 21 NMSA 1978;

(3) request approval of the off-campus instruction program by the higher education department;

(4) enter into written agreements with the board of regents of the selected parent institution, which agreements shall be subject to biennial review of all parties concerned and to the review and commentary of the higher education department;

(5) act in an advisory capacity to the board of regents of the parent institution in all matters relating to the conduct of the off-campus instruction program;

(6) approve an annual budget for the off-campus instruction program for recommendation to the board of regents of the parent institution;

(7) certify to the board of county commissioners the tax levy; and

(8) issue the proclamation for the election for tax levies for the off-campus instruction program if the tax levies are to be presented to the voters of the district at a special election; or approve the ballot question if the tax levies are to be presented to the voters of the district at either the general or regular local election.

D. Upon evidence of a demand for an off-campus instruction program, the off-campus board shall cause a survey to be made. The higher education department shall develop criteria for the establishment of an off-campus instruction program, and no such program shall be established without the written authorization of the department.

E. If need is established, the off-campus board, in accordance with the higher education department criteria for initiating an off-campus instruction program, shall consult with the board of regents of the state educational institution selected to be a parent institution, and, if the off-campus board and the board of regents agree to conduct an off-campus instruction program in the area, they shall transmit a proposal to establish an off-campus instruction program to the department. The department shall evaluate the need and shall notify the off-campus board and the board of regents of approval or disapproval of the proposal.

F. If the proposal is approved, the off-campus board and the board of regents of the parent institution shall enter into a written agreement, which shall include provisions for:

(1) the state educational institution to have full authority and responsibility in relation to all academic matters;

(2) the state educational institution to honor all credits earned by students as though they were earned on the parent campus;

(3) the course of study and program approved by the higher education department and offered to the students;

(4) the cooperative use of physical facilities and teaching staff; and

(5) the detailed agreement of financing and financial control of the off-campus instruction program.

G. The agreement shall be binding upon both the off-campus board and the board of regents of the parent institution; however, it may be terminated by mutual consent or it may be terminated by either board upon six months' notice.

H. For the purpose of relating off-campus instruction programs to existing laws, off-campus instruction program districts or off-campus instruction programs shall not:

(1) be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;

(2) benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;

(3) be subject, except as it relates to technical and vocational education, to the control, management and direction of the public education department under Article 12, Section 6 of the constitution of New Mexico;

(4) be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned; and

(5) include the major attendance center of northern New Mexico college at Espanola.

I. All elections held pursuant to the Off-Campus Instruction Act shall be called, conducted and canvassed pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].

J. Any person or corporation may institute in the district court of any county in which the off-campus instruction program district affected lies an action or suit to contest the validity of any proceedings held under the Off-Campus Instruction Act, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper officials of a certificate or notification of the results of the election and the canvassing of the election returns.

K. The tax rolls of the school districts comprising the off-campus instruction program district shall be adopted as the tax rolls of the off-campus instruction program district.

History: Laws 1982, ch. 42, § 3; 1993, ch. 17, § 1; 2019, ch. 212, § 219.

The 2019 amendment, effective April 3, 2019, revised the duties of an off-campus board, and provided that all elections held pursuant to the Off-Campus Instruction Act be conducted pursuant to the Local Election Act, and made certain technical amendments; in Subsection C, in Paragraph C(8), after the paragraph designation, deleted "conduct" and added "issue the proclamation for", and after "program", added "if the tax levies are to be presented to the voters of the district at a special election; or approve the ballot question if the tax levies are to be presented to the voters of the district at either the general or regular local election"; and in Subsection I, after "shall be", deleted former Paragraphs I(1) and I(2), redesignated former Paragraph I(3) as Subsection J and former Subsection J as Subsection K, and added "pursuant to the Local Election Act".

The 1993 amendment, effective June 18, 1993, substituted "commission on higher education" and "commission" for "board of educational finance" throughout this section; inserted "of the parent institution" in Paragraph (5) of Subsection C and in Subsections F and G; in Subsection C, added "provided for in Subsection D of this section" at the end of Paragraph (1), added the language beginning "or one of the state" at the end of Paragraph (2), and inserted "board of" in Paragraph (7); deleted "by either board" following "terminated" in Subsection G; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 298, 299.

78 C.J.S. Schools and School Districts § 63 et seq.; 78A C.J.S. Schools and School Districts § 782 et seq.