All of the provisions of the Public School Capital Outlay Act apply to an application by a state-chartered charter school for grant assistance for a capital project except:

A. the portion of the cost of the project to be paid from the fund shall be calculated pursuant to Subsection B of Section 22-24-5 NMSA 1978 using data from the school district in which the state-chartered charter school is located; and

B. in calculating a reduction pursuant to Paragraph (9) of Subsection B of Section 22-24-5 NMSA 1978, the amount to be used in Subparagraph (a) of that paragraph shall equal the total of all legislative appropriations made after January 1, 2007 for nonoperating expenses either directly to the charter school or to another governmental entity for the purpose of passing the money through directly to the charter school, regardless of whether the charter school was a state-chartered charter school at the time of the appropriation or later opted to become a state-chartered charter school, except that the total shall not include any such appropriation if, before the charter school became a state-chartered charter school, the appropriation was previously used to calculate a reduction pursuant to Paragraph (9) of Subsection B of Section 22-24-5 NMSA 1978.

History: Laws 2007, ch. 214, § 1; 2009, ch. 258, § 6; 2019, ch. 180, § 8.

The 2019 amendment, effective July 1, 2019, in Subsection B, after the first occurrence of "Paragraph", deleted "(6) and added "(9)", and deleted paragraph designation "(1)" and Paragraph B(2); and deleted former Subsection C.

The 2009 amendment, effective April 8, 2009, added Paragraph (2) of Subsection B.