New Mexico

School Choice Policies

Charter School Choice

Does the state have charter schools?

Are for-profit charter schools or management companies allowed?

Unclear-

"The governing body of a charter school shall not contract with a for-profit entity for the management of the charter school."

While New Mexico statutes specify that charters cannot contract with for-profit entities, we did not find mention of whether charter schools can be for-profit in statutes. However, a New Mexico policy expert stated that for-profit charters are not allowed.

22-8B-4(R): 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."

Additionally, "[t]he department shall approve no more than nine charter school districts altogether, three small, three medium and three large districts as determined by the department."

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

22-8E-3.D: Charter school district application requirements; process.

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-

We did not find laws regarding virtual schools in New Mexico statutes. Education Commission of the States states that New Mexico law does not allow for virtual charter schools. However, a New Mexico policy expert stated that full-time virtual schools are allowed.

Education Commission of the States 50-State Comparison

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

Does the state have voucher programs?

No-

No voucher programs found.

EdChoice School Choice in America

Does the state have educational expense tuition 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

Does the state have interdistrict choice programs?

Unclear-

We did not find mention of interdistrict choice in New Mexico statute; however, there is a law that addresses enrollment priorities for public schools. A New Mexico policy expert stated that state statutes do not allow for interdistrict choice. However, Education Commission of the States 50-State Comparison states that New Mexico laws do allow for interdistrict choice.

22-1-4. Free public schools; exceptions; withdrawing and enrolling; open enrollment.

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

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

Did not find

Page last updated: July 2024

Click here to download the State Policy Spreadsheet. Click here to download the State Policy Map Data Memo.

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The State Policy Map provides a snapshot of school choice policy found in laws passed by the legislative bodies, for all 50 states and Washington, D.C., based on information gathered from state statutes in fall 2019; data checks continued through December 2020. Information on this site may not include the most up-to-date policy information. The State Policy Map does not systematically reflect state Department of Education administrative policies, rules, or regulations. All content on this site is provided for informational purposes only. Links to third-party websites are for the user’s convenience; neither REACH nor any affiliated entities endorse the contents of third-party sites.

Note: On June 30, 2020, the U.S. Supreme Court ruled that Montana's exclusion of religious schools from the state's tax credit scholarship program was unconstitutional (Espinoza v. Montana Department of Revenue 591). The responses to the question "Can students use vouchers to attend religious schools?" were collected before this ruling and therefore do not reflect any changes resulting from the Espinoza decision.