New Mexico Statutes

N.M. Stat. § 22-8-4 (2026)

Department; duties.

✓ current as of May 2026

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In addition to other duties provided by law, the department shall:

    A. prescribe the forms for and supervise and control the preparation of all budgets
of all public schools and school districts; and

  B. compile accurate information concerning public school finance and
administration.

History: 1953 Comp., § 77-6-4, enacted by Laws 1967, ch. 16, § 58; 1969, ch. 180, § 4;
1974, ch. 8, § 2; 1978, ch. 127, § 2; 1979, ch. 305, § 1; 1988, ch. 64, § 15.

                                     ANNOTATIONS

The 1988 amendment, effective May 18, 1988, substituted "Department" for "Public
school finance division" in the catchline; substituted "department" for "division" in the
introductory paragraph; deleted Subsection C, regarding advising and consulting with
the state superintendent in regard to financial matters, and made a related change.

Discretionary substantive line item allocations. — Supervision or control does not
include grant of power to division or chief (now director) to make discretionary
substantive line item allocations in estimated budgets. 1975 Op. Att'y Gen. No. 75-30.

Notes of Decisions

Cited in 2 cases, 1997–2001 · leading case: Forest Guardians v. Powell, 24 P.3d 803 (N.M. Ct. App. 2001).

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Forest Guardians v. Powell, 24 P.3d 803 (N.M. Ct. App. 2001). · cites it 4× “See NMSA 1978, § 22-8-4 (1988) (stating that state department of education responsible for controlling preparation of all public school budgets); NMSA 1978, § 22-8-10 (1993) (requiring local school boards to determine estimated yearly budget for school district).”

Duke v. Grady Mun. Schs., 127 F.3d 972 (10th Cir. 1997). “” § 22-8-6(A). The State Department then “approve[s] and certifies] to each local school board a temporary operating budget for use by the local school board pending approval by the department of a final budget,” and, at a later date, the department "approve[s] and certifies] to…”

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