N.M. Admin. Code § 6.75.2.13 - SELECTION AND PURCHASE OF INSTRUCTIONAL MATERIAL

A. Each local school board or governing body shall develop and implement a process for the review and adoption of instructional material which shall include:

(1) family and community member involvement in the instructional material review and adoption process;

(2) written notification to families and community members regarding the instructional material selection process;

(3) public notification, which may include publication in a newspaper of general circulation in the school district; and

(4) a review of material for cultural and linguistic relevance.

B. Each LEA purchasing instructional material through an authorized depository shall follow the timelines and requirements outlined in the instructional material manual.

C. Each public school district and eligible state educational institution:

(1) may spend up to one hundred percent of its total instructional material allocations to purchase department-adopted instructional material posted on the department's website;

(2) shall not spend more than fifty percent of its total instructional material allocations to purchase instructional material not adopted by the department; and

(3) may spend up to twenty-five percent of the funds referenced in Paragraph (2) of Subsection C of 6.75.2.13 NMAC on other classroom materials.

D. Charter schools may spend up to one hundred percent of their total instructional material allocations to purchase adopted or non-adopted instructional material, and up to twenty-five percent of this amount may be spent on other classroom materials.

E. The department may consider waiver requests from school districts and state-supported schools to use instructional material funds for purchases that fall outside the spending limits enumerated in Paragraph (2) of Subsection C of 6.75.2.13 NMAC. Waiver requests shall be submitted on forms provided by the department.

F. Instructional material funds allocated to an LEA during any fiscal year that are not obligated or expended prior to the close of that fiscal year shall be available to that public school district, charter school, or state-supported school for expenditure in subsequent fiscal years, consistent with the requirements of Subsections C and F of Section 22-15-9 NMSA 1978.

G. Annually, at a time and in a format specified by the department, each LEA receiving instructional material allocations shall file a report with the department. The report shall include:

(1) the total instructional material allocation received;

(2) the average cost per pupil based on the instructional material allocation;

(3) year-end cash balances of the instructional material fund;

(4) documentation of effective professional learning aligned to purchased core instructional material;

(5) documentation of parental and community involvement in the instructional material review process and parental involvement in the adoption process; and

(6) other documentation specified by the department.

H. Each local school board or governing body shall keep an itemized list of instructional material purchased in a format prescribed by the department.

I. Guidance pertaining to obtaining funds, ordering instructional materials, receiving funds, returning funds for sold or lost materials, and completing the annual report shall be included in the instructional material manual.

Notes

N.M. Admin. Code § 6.75.2.13

6.75.2.13 NMAC - Rp, 6.75.2.11 NMAC, 10/15/10, Adopted by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 12/15/2016, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018