Policy Map

New Mexico

School Choice Policy

Charter School Choice

Do state statutes allow for charter schools?

Are for-profit charters allowed?

Did not find:

We did not find anything in New Mexico statutes that explicitly restricts non-profits: "charter school shall be a nonsectarian, non religious and non-home-based public school"

22-8B-4.J: Charter schools' rights and responsibilities; operation.

Is there a cap on the number of charter schools?

Yes:

"No more than 15 start-up schools may be established per year statewide. The number of charter school slots remaining in that year shall be transferred to succeeding years up to a maximum of seventy-five start-up schools in any five-year period."

22-8B-11.B: Charter schools; maximum number established.

Are charters required to provide transportation for any students?

No:

However, a locally chartered school can work with the school district to provide transportation to eligible students for transportation.

22-8B-4.I: Charter schools' rights and responsibilities; operation.

Can charter schools employ uncertified teachers?

No:

The provisions of the School Personnel Act (SPA) [Chapter 22, Article 10A NMSA 1978] shall apply to charter employees. From the SPA: Teachers and administrators must hold a valid license or certificate from the department authorizing the person.

22-10A-3.A: License or certificate required

Virtual School Choice

Do state statutes allow for full-time virtual schools?

Did not find:

Did not find anything about virtual schools in New Mexico revised statutes. Education Commission of the States states that New Mexico law does not allow for virtual charter schools. Admin Code 6.30.8 does discuss the “Statewide cyber academy.”

Education Commission of the States 50-State Comparison
N.M. Admin. Code 6.30.8.W

Are virtual schools required to track attendance?

Did not find

Do virtual schools have to comply with state teacher certification requirements?

Did not find

Private School Choice

Do state statutes allow for voucher programs?

No:

No voucher programs found.

EdChoice School Choice in America

Do state statutes allow for educational expense tax credits or deductions?

No:

No educational expense tax credits or deductions found.

EdChoice School Choice in America

Can students use vouchers to attend religious schools?

Not Applicable

Is there a cap on the number of students or private schools participating in voucher programs?

Not Applicable

Are voucher students in private schools required to take any standardized tests?

Not Applicable

Can private schools be removed from voucher programs based on performance?

Not Applicable

Are private schools in voucher programs required to provide transportation?

Not Applicable

Interdistrict School Choice

Do state statutes allow for interdistrict choice?

Unclear:

We did not find interdistrict school choice law in state statutes. However, Education Commission of the States 50 State Comparison states that New Mexico law allow for interdistrict choice.

Education Commission of the States 50 State Comparison: Open Enrollment Policies

Are receiving schools or districts required to provide transportation to any students?

Unclear

Page last updated: January 2020

Download the national policy spreadsheet for more information on this state’s policies.

Policy Map