The commission shall receive applications for initial chartering and renewals of charters for charter schools that want to be chartered by the state and approve or disapprove those charter applications. The commission may approve, deny, suspend or revoke the charter of a state-chartered charter school in accordance with the provisions of the Charter Schools Act. The chartering authority for a charter school existing on July 1, 2007 may be transferred to the commission; provided, however, that if a school chartered under a previous chartering authority chooses to transfer its chartering authority, it shall continue to operate under the provisions of that charter until its renewal date unless it is suspended or revoked by the commission. An application for a charter school filed with a local school board prior to July 1, 2007, but not approved, may be transferred to the commission on July 1, 2007. History: Laws 2006, ch. 94, § 29. Cross references. — For the public education commission, see 9-24-9 NMSA 1978 and N.M. Const., art. XII, § 6. Effective dates. — Laws 2006, ch. 94, § 61 made Laws 2006, ch. 94, § 29 effective July 1, 2007. Public education commission's implied authority to issues rules and regulations governing the operation and oversight of state-chartered charter schools. — Agencies are created by statute, and are limited to the power and authority expressly granted or necessarily implied by those statutes, and although the legislature did not grant the public education commission express authority to issue rules and regulations governing the operation and oversight of state-chartered charter schools, a court could reasonably find that its authority to do so may be fairly implied from the "powers and duties" expressly set forth in 22-8B-16 NMSA 1978 and those "functions" specified in 22-8B-5.3 NMSA 1978. Public Education Commission Required by Law to follow State Rules Act (12/6/2022), Att'y Gen. Adv. Ltr. 2022-19. Issuance of rules by the public education commission must comply with the requirements of the State Rules Act. — The public education commission's actions in issuing or adopting resolutions, standards, procedures, directives and policies affecting the rights of state-chartered charter schools and their public school students constitute rules and therefore fall within the ambit of the State Rules Act, 14-4-1 to 14-4-11 NMSA 1978, and their issuance must comply with the requirements of the State Rules Act in order to be valid. Public Education Commission Required by Law to Follow State Rules Act (12/6/2022), Att'y Gen. Adv. Ltr. 2022-19.
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