Can a governance council of a charter school incorporate?
No. Article IX, Section 14 of the New Mexico Constitution essentially prohibits the use of public funds by a public body unless made pursuant to a budget prepared and approved according to state law. A charter school is a public school existing within a public school district (NMSA 1978, section 22-8B-2). Moreover, Article XII, Section 3 of the State Constitution provides that public schools must stay under the exclusive control of the state and that educational funds cannot be used for, among other things, a private school. The Public Education Department takes the position that a charter school that incorporates is essentially a private school. In addition, if a charter school organizes a separate “friends of the charter school” as a 501 © 3 not-for-profit organization, this non-profit must be separate from the charter schools. Funds raised by the non-profit can be given to the school but cannot have any requirements attached to it. The president or board member of the school’s non-p
