A chartering authority shall: A. evaluate charter applications; B. actively pursue the utilization of charter schools to satisfy identified education needs and promote a diversity of educational choices; C. approve charter applications that meet the requirements of the Charter Schools Act; D. decline to approve charter applications that fail to meet the requirements of the Charter Schools Act or are otherwise inadequate; E. negotiate and execute, in good faith, charter contracts that meet the requirements of the Charter Schools Act with each approved charter school; F. monitor, in accordance with the requirements of the Charter Schools Act and the terms of the charter contract, the performance and legal compliance of charter schools under their authority; G. determine whether a charter school merits suspension, revocation or nonrenewal; and H. develop and maintain chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing, including: (1) organizational capacity and infrastructure; (2) evaluating charter applications; (3) performance contracting; (4) charter school oversight and evaluation; and (5) charter school suspension, revocation and renewal processes. History: Laws 2011, ch. 14, § 8. Effective dates. — Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 8 effective July 1, 2012. 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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