NM Stat § 32A-23-6 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 23 - Pre-Kindergarten|Section 32A-23-6 - Requests for proposals; contracts for services.

A. The department shall solicit the delivery of both half-day and full-day early pre-kindergarten and pre-kindergarten program services by publishing a request for proposals or a request for applications that contains the same requested information for pre-kindergarten services.B. Eligible providers shall submit proposals to the department that shall include a description of the services that will be provided, including:(1) how the provider's services meet department standards; (2) the number of eligible children the provider can serve;(3) the provider's site and floor plans and a description of its facilities;(4) the revenue sources and non-state funding available for the provider's delivery of services;(5) a description of the qualifications and experience of the provider's service-delivery staff for each site;(6) the provider's plan for communicating with and involving parents of children in the early pre-kindergarten and pre-kindergarten programs;(7) how the provider's services meet the continuum of services to children; and(8) other relevant information. C. The department shall accept and evaluate proposals or applications for the delivery of early pre-kindergarten and pre-kindergarten program services by eligible providers.D. In selecting among proposals and applications for the delivery of early pre-kindergarten and pre-kindergarten program services, the department shall give priority to programs in communities with public elementary schools designated as Title I schools in which at least sixty-six percent of the children served reside within the attendance zone of a Title I elementary school. It shall further consider:(1) the number of eligible children residing in the community and the number of eligible children proposed to be served;(2) the adequacy and capacity of pre-kindergarten facilities in the community;(3) the availability of language and literacy services in the community;(4) the cultural, historic and linguistic responsiveness to the community;(5) the availability of parent education services for parents of eligible children in the community;(6) staff professional development plans;(7) the capacity of local organizations and persons interested in and involved in programs and services for eligible children and their commitment to work together;(8) the degree of local support for early pre-kindergarten and pre-kindergarten program services in the community; and(9) other relevant criteria specified by department rule.E. A contract with an eligible provider for early pre-kindergarten and pre-kindergarten program services shall provide that funds not be used for any religious, sectarian or denominational purposes, instruction or material.History: Laws 2005, ch. 170, § 6; 2011, ch. 140, § 2; 2019, ch. 48, § 22. ANNOTATIONSThe 2019 amendment, effective July 1, 2020, required the early childhood education and care department to solicit the delivery of full-day and half-day early pre-kindergarten and pre-kindergarten program services; in Subsection A, deleted "Each" and added "The", and after "shall", deleted "publish" and added "solicit the delivery of both half-day and full day early pre-kindergarten and pre-kindergarten program services by publishing"; in Subsection B, in the introductory paragraph, deleted "or applications for pre-kindergarten services to the appropriate department. An eligible provider's proposal or application" and added "to the department that", in Paragraph B(1), after "services meet", deleted "children, youth and families department or public education", in Paragraph B(2), after "the number of", deleted "four-year-old" and added "eligible", in Paragraph B(6), after "involving parents", added "of children", and after "in the", added "early pre-kindergarten and"; in Subsection C, deleted "Each" and added "The", after "applications for", deleted "funding for" and added "the delivery of early pre-kindergarten and", and after the next occurrence of "pre-kindergarten", added "program services by eligible providers"; changed "four-year olds" to "eligible children" throughout; in Subsection D, deleted "For funding purposes, applications and proposals shall be evaluated and priority given" and added "In selecting among proposals and applications for the delivery of early pre-kindergarten and pre-kindergarten program services, the department shall give priority to", after each occurrence of "Title", deleted "1" and added "I", deleted former Paragraph D(6) and redesignated former Paragraphs D(7) through D(10) as Paragraphs D(6) through D(9), respectively; in Paragraph D(8), after "local support for", added "early pre-kindergarten and", and in Paragraph D(9), after "specified by", deleted "joint" and added "department", and after "rule", deleted "of the departments"; and in Subsection E, after "contract", deleted "or agreement", and after "eligible provider", added "for early pre-kindergarten and pre-kindergarten program services".The 2011 amendment, effective June 17, 2011, made a distinction between applications and proposals and assigned responsibility for proposals for pre-kindergarten services to the children, youth and families department and applications for pre-kindergarten services to the public education department, and provided that for funding purposes, priority will be given to programs in communities that have a Title 1 school and that have two thirds of the children being served living within the Title 1 school attendance zone.