reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 27 - Meditation in Public School › Section 22-27-3 - Moment of silent meditation.

Students in the public schools may voluntarily engage in student-initiated moments of silent meditation.
History:
Laws 1995, ch. 72, § 3.
ANNOTATIONS
Severability.
— Laws 1995, ch. 72, § 4 provided that if any part or application of the Meditation in Public School Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 28 - School Bus Advertisements › Section 22-28-1 - Bus advertisements authorized; limitations and restrictions.

A. The state transportation division of the department of education [public education department] shall authorize local school boards to sell advertising space on the interior and exterior of school buses. The local school board shall develop guidelines for the type of advertisements that will be permitted. There shall be no advertisements that involve:
(1) obscenity, sexual material, gambling, tobacco, alcohol, political campaigns or causes, religion or promoting the use of drugs; or
(2) general content that is harmful or inappropriate for school buses as determined by the state board [department].
B. All school bus advertisements shall be painted or affixed by decal on the bus in a manner that does not interfere with national and state requirements for school bus markings, lights and signs. The commercial advertiser that contracts with the school district for the use of the space for advertisements shall be required to pay the cost of placing the advertisements on the bus and shall pay for its removal after the term of the contract has expired.
C. The right to sell advertising space on school buses shall be within the sole discretion of the local school board, except as required by Section 3 [22-28-1 NMSA 1978] of this act.
D. An officer or employee of a school district or of the department of education [public education department] who fails to comply with the obligations or restrictions created by this act shall be subject to discipline, including the possibility of being terminated from employment. A school bus private owner that fails to comply with the obligations or restrictions created by this act is in breach of contract and the contract is subject to cancellation after notice and hearing before the director of the state transportation division.
History:
Laws 1997, ch. 233, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Compiler's notes.
— The phrase "this act" as used in this section means Laws 1997, ch. 233, which enacted the provisions of this article.
Cross references.
— For the state transportation division of the department of education,
see
22-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 28 - School Bus Advertisements › Section 22-28-2 - School bus title; leasing space.

A. All school bus private owners that have legal title to school buses used and operated pursuant to an existing bus service contract with a school district may lease space on their buses to the school district for the purpose of selling commercial advertisements. In exchange for leasing the space, the school bus private owners shall receive ten percent of the total value of the amount of the contract between the school district and the commercial advertiser.
B. The amount of space that will be available for commercial advertisements on school buses shall be established by regulations of the department of education [public education department] consistent with national and state requirements for school bus markings, lights and signs.
C. Space for advertising on school buses owned by the department of education [public education department] shall be provided to school districts without cost for the purpose of selling advertising space to commercial advertisers.
History:
Laws 1997, ch. 233, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 28 - School Bus Advertisements › Section 22-28-3 - Solicitation; lease; rent payment.

A. A school district shall be permitted to solicit offers from commercial advertisers for the use of space on the school buses that service their school district. The school district may enter into a lease agreement with a commercial advertiser for the use of any designated advertising space on a school bus that services the school district.
B. In a lease agreement with a commercial advertiser, the school district shall establish the rental amount, schedule and term. The term of any lease agreement shall not be for a period longer than the time remaining on the school district's bus service contract with a school bus private owner who owns the bus that is the subject of the lease agreement.
C. A school district shall not enter into a lease agreement with a commercial advertiser that seeks to display an advertisement that is prohibited by local school board guidelines.
History:
Laws 1997, ch. 233, § 5.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 28 - School Bus Advertisements › Section 22-28-4 - School bus advertising fund.

The "school bus advertising fund" is created in the state treasury and shall be administered by the department of education [public education department]. The fund shall consist of money raised pursuant to this act. Balances in the fund at the end of any fiscal year shall not revert to the general fund. Income from investment of the fund shall be credited to the fund.
History:
Laws 1997, ch. 233, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Compiler's notes.
— The phrase "this act" as used in this section means Laws 1997, ch. 233, which enacted the provisions of this article and amended 22-1-2 and 22-16-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 28 - School Bus Advertisements › Section 22-28-5 - Distribution.

A. Funds raised from commercial advertisement shall be distributed from the school bus advertising fund after the required payment is made to school bus private owners.
B. Sixty percent of the proceeds raised shall be distributed to each school district to use in accordance with the school district's technology plan in amounts proportionate to the amount that each school district contributed to the school bus advertising fund.
C. Forty percent of the proceeds raised shall be distributed on a per membership basis of middle and junior high schools by the state superintendent [secretary] to school districts for extracurricular activities. If a school district does not expend money from the school bus advertising fund for extracurricular activities, it shall revert back to the fund.
D. School districts shall report to the department of education [public education department] on how the funds were used in the technology plans and for extracurricular activities.
History:
Laws 1997, ch. 233, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 28 - School Bus Advertisements › Section 22-28-6 - Accountability.

Funds raised by a school district from lease agreements relating to the use of advertising space on school buses by commercial advertisers shall be fully accounted for and subject to review and examination by the department of education [public education department].
History:
Laws 1997, ch. 233, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 29 - Public School Insurance Authority › Section 22-29-1 - Short title.

Chapter 22, Article 29 NMSA 1978 may be cited as the "Public School Insurance Authority Act".
History:
1978 Comp., § 22-2-6.1, enacted by Laws 1986, ch. 94, § 1; 1978 Comp., § 22-2-6.1, recompiled as § 22-29-1, by Laws 2003, ch. 153, § 72; 2005, ch. 274, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1986, ch. 94, § 1 repealed former 22-2-6.1 NMSA 1978, as enacted by Laws 1985, ch. 237, § 1, relating to group insurance for public schools, and enacted a new section.
The 2005 amendment,
effective April 6, 2005, added the statutory reference to the act.
The Public School Insurance Authority
is a state agency for purposes of the state budget laws. 1990 Op. Att'y Gen. No. 90-23.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 C.J.S. Schools and School Districts § 401.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 29 - Public School Insurance Authority › Section 22-29-2 - Purpose of act.

The purpose of the Public School Insurance Authority Act is to provide comprehensive core insurance programs, including reimbursement coverage for the costs of providing due process to students with disabilities, for all participating public schools, school board members, school board retirees and public school employees and retirees by expanding the pool of subscribers to maximize cost containment opportunities for required insurance coverage.
History:
1978 Comp., § 22-2-6.2, enacted by Laws 1986, ch. 94, § 2; 1978 Comp., § 22-2-6.2, recompiled as § 22-29-2 by Laws 2003, ch. 153, § 72; 2008, ch. 56, § 1.
ANNOTATIONS
The 2008 amendment,
effective July 1, 2008, provided that the purpose of the act includes reimbursement coverage for the costs of providing due process to students with disabilities.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 29 - Public School Insurance Authority › Section 22-29-4 - Authority created.

There is created the "public school insurance authority", which is established to provide for group health insurance, other risk-related coverage and due process reimbursement with the exception of the mandatory coverage provided by the risk management division on the effective date of the Public School Insurance Authority Act.
History:
1978 Comp., § 22-2-6.4, enacted by Laws 1986, ch. 94, § 4; 1978 Comp., § 22-2-6.4, recompiled as § 22-29-4, by Laws 2003, ch. 153, § 72; 2007, ch. 236, § 2.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2008, added due process reimbursement.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 29 - Public School Insurance Authority › Section 22-29-8 - Receipts and disbursements; issuance of warrants, purchase orders and contracts; deposit of funds.

A. All premiums and other money collected by the authority shall be deposited in the fund. Except as provided in Subsection F of Section 22-2-6.6 NMSA 1978 [22-29-6 NMSA 1978], funds shall be disbursed directly by the authority, but receipts and disbursements are subject to audit by the state auditor. Except as provided in that subsection, the authority is not required to submit proposed vouchers, purchase orders or contracts to the department of finance and administration as otherwise provided by law. The department of finance and administration shall not require the authority to rebid or to disapprove any contractual arrangements determined by the board to be in the best interests of the authority.
B. Except as provided in Subsection F of Section 22-2-6.6 NMSA 1978 [22-29-6 NMSA 1978], the board shall issue warrants in the name of the authority against funds of the authority in payment of its lawful obligations, issue purchase orders and contract for goods or services in the name of the authority. The authority shall provide its own warrant, purchase order and contract forms as well as other supplies and equipment.
History:
1978 Comp., § 22-2-6.8, enacted by Laws 1986, ch. 94, § 8; 1991, ch. 142, § 5; 1978 Comp., § 22-2-6.8, recompiled as § 22-29-8, by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2003, ch. 153, § 72 recompiled former 22-2-6.6 NMSA 1978 as 22-29-6 NMSA 1978, effective April 4, 2003.
The 1991 amendment,
effective June 14, 1991, in Subsection A, substituted the first two sentences for a sentence which read "All premiums and other money collected by the authority shall be received and disbursed directly by the authority, but receipts and disbursements are subject to audit by the state auditor", added the exception at the beginning of the third sentence and added the final sentence and, in Subsection B, added the exception at the beginning.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 29 - Public School Insurance Authority › Section 22-29-11 - Expenditure of insurance proceeds for public schools.

Payment for a claim under property insurance coverage for property damage to public school facilities may be paid directly to the school district, or, pursuant to the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], the insurance proceeds may be expended by the insurer to repair the damage. If the payment is made directly to the school district, without further approval of the authority or any insurance carrier, the proceeds of the insurance payment may be expended by the school district to repair or replace the damaged facility if:
A. the school district complies with the Procurement Code; and
B. contracts for the repair or replacement are approved by the public school facilities authority pursuant to Section 22-20-1 NMSA 1978, provided that:
(1) the cost of settlement of the insurance claim shall not be increased by inclusion of the insurance proceeds in the construction contracts; and
(2) insurance claims settlements shall continue to be governed by insurance policies, memoranda of coverage and rules related to them.
History:
Laws 2005, ch. 274, § 18.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 274, § 20 made Laws 2005, ch. 274, § 18 effective April 6, 2005.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 29 - Public School Insurance Authority › Section 22-29-12 - Due process reimbursement.

The authority shall include due process reimbursement in its self-insured retention risk pool. Each year, the legislature shall authorize the board to collect the due process reimbursement premium from member districts and charter schools to cover the cost of due process reimbursement. From the authorization, the board shall allocate due process reimbursement premiums based on a school district's or charter school's claims experience and other criteria determined by the board. A single due process reimbursement shall not exceed one hundred thousand dollars ($100,000).
Prior to the beginning of each fiscal year, the authority shall determine the amount of money available in the fund for special education due process reimbursements. The authority shall set forth in its general liability memorandum of coverage the provisions for distribution of that amount for due process reimbursements to school districts and charter schools, including:
A. the process by which school districts and charter schools submit claims for reimbursement by the end of the fiscal year; and
B. the method for distributing the money available to school districts and charter schools on a pro rata basis if the available money is not sufficient to cover all claims.
History:
Laws 2007, ch. 236, § 3; 2008, ch. 56, § 2.
ANNOTATIONS
The 2008 amendment,
effective July 1, 2008, decreased the maximum single due process reimbursement from $300,000 to $100,000 and added the last paragraph.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-1 - Short title.

Sections 1 through 7 [and 11] of this act [Chapter 22, Article 30 NMSA 1978] may be cited as the "Statewide Cyber Academy Act".
History:
Laws 2007, ch. 292, § 1 and Laws 2007, ch. 293, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2007, ch. 292, § 11 and Laws 2007, ch. 293, § 11, recompiled former 22-13-27 NMSA 1978 into the Statewide Cyber Academy Act as 22-30-7 NMSA 1978.
Compiler's notes.
— Laws 2007, ch. 292, § 1 and Laws 2007, ch. 293, § 1 enacted identical new sections, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-2 - Definitions.

As used in the Statewide Cyber Academy Act:
A. "course provider" means a person that supplies educational course content for distance learning courses;
B. "distance learning course" means an educational course that is taught where the student and primary instructor are separated by time or space and linked by technology;
C. "distance learning student" means a qualified student as defined in Section 22-8-2 NMSA 1978 who is enrolled in one or more distance learning courses for credit;
D. "learning management system" means a software application that facilitates online instruction and interaction between teachers and distance learning students;
E. "local distance learning site" means a school district or charter school that offers and grants credit for distance learning courses to distance learning students enrolled in the school district or charter school;
F. "primary enrolling district" means the school district or charter school in which the distance learning student is enrolled;
G. "regional host" means an educational institution, school district or other entity selected by the statewide cyber academy to coordinate the delivery of distance learning courses within a broad geographic region of the state;
H. "service center" means the single central facility where administrative and management functions of the statewide cyber academy are physically located in New Mexico; and
I. "statewide cyber academy" means the department's collaborative program that offers distance learning courses to all local distance learning sites.
History:
Laws 2007, ch. 292, § 2 and Laws 2007, ch. 293, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 292, § 2 and Laws 2007, ch. 293, § 2 enacted identical new sections, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-3 - Statewide cyber academy created.

The "statewide cyber academy" program is created in the department. The statewide cyber academy is a collaborative program among the department, the higher education department, telecommunications networks and representatives of other state agencies engaged in providing distance education. The statewide cyber academy shall provide distance learning courses for grades six through twelve and professional development for teachers, instructional support providers and school administrators.
History:
Laws 2007, ch. 292, § 3 and Laws 2007, ch. 293, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 292, § 3 and Laws 2007, ch. 293, § 3 enacted identical new sections, effective June 15, 2007.
The Statewide Cyber Academy Act was enacted as part of the Public School Code, 22-1-1 NMSA 1978. The department referred to in the Statewide Cyber Academy Act means the public education department, 22-1-2 NMSA 1978.
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
For the higher education department,
see
9-25-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-4 - Department rules.

The department shall promulgate rules to carry out the provisions of the Statewide Cyber Academy Act.
History:
Laws 2007, ch. 292, § 4 and Laws 2007, ch. 293, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 292, § 4 and Laws 2007, ch. 293, § 4 enacted identical new sections, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-6 - Distance learning students.

A. A student must be enrolled in a public school or a state-supported school and must have the permission of the student's local distance education learning site to enroll in a distance learning course. A distance learning student shall only be counted in the student's primary enrolling district for the purpose of determining the membership used to calculate a school district's state equalization guarantee. A student shall have only one primary enrolling district.
B. A home school student may participate in the statewide cyber academy by enrolling for one-half or more of the minimum course requirements approved by the department for public school students in the school district in which the student resides; or, if the student is enrolled for less than one-half of the minimum course requirements, the student may participate in the statewide cyber academy by paying not more than thirty-five percent of the current unit value per curricular unit.
C. A student enrolled in a nonpublic school may participate in the statewide cyber academy if the school in which the student is enrolled enters into a contract with the school district in which the nonpublic school is located.
D. A student who is detained in or committed to a juvenile detention facility or a facility for the long-term care and rehabilitation of delinquent children may participate in the statewide cyber academy if the facility in which the student is enrolled enters into a contract with the school district in which the facility is located.
History:
Laws 2007, ch. 292, § 6 and Laws 2007, ch. 293, § 6.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 292, § 6 and Laws 2007, ch. 293, § 6 enacted identical new sections, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-7 - Distance learning and computer-based courses.

Public schools that offer distance learning and computer-based courses of study shall provide accompanying electronic formats that are usable by a person with a disability using assistive technology, and those formats shall be based on the American standard code for information interchange, hypertext markup language and extensible markup language.
History:
Laws 2003, ch. 162, § 2; recompiled by Laws 2007, ch. 292, § 11 and Laws 2007, ch. 293, § 11.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 292, § 11 and Laws 2007, ch. 293, § 11 recompiled former 22-13-27 NMSA 1978 into the Statewide Cyber Academy Act as 22-30-7 NMSA 1978, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 30 - Statewide Cyber Academy Act › Section 22-30-8 - Evaluation of regional education cooperative distance learning networks.

A network developed by regional education cooperatives three, eight and nine shall serve as a regional host in fiscal year 2008. The statewide cyber academy shall provide a preliminary report to the governor and the legislature by January 1, 2008 on the quality and cost-effectiveness of the provision of distance learning courses by the regional education cooperatives. At the end of fiscal year 2008, the statewide cyber academy shall prepare a final report on the quality and cost-effectiveness of services provided, including whether the services increased the rigor of school district and charter school curricula, and make recommendations for the expansion to other regional education cooperatives.
History:
Laws 2007, ch. 292, § 7 and Laws 2007, ch. 293, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 292, § 7 and Laws 2007, ch. 293, § 7 enacted identical new sections, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 31 - School Athletics Equity › Section 22-31-1 - Short title.

This act [22-31-1 to 22-31-6 NMSA 1978] may be cited as the "School Athletics Equity Act".
History:
Laws 2009, ch. 178 , § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 178 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 31 - School Athletics Equity › Section 22-31-2 - Applicability; nondiscrimination.

Except as provided in Subsections C, D and E of Section 22-31-3 NMSA 1978, the School Athletics Equity Act applies to each public school that has an athletics program for grades seven through twelve. Each public school shall operate its program in a manner that does not discriminate against students or staff on the basis of gender.
History:
Laws 2009, ch. 178, § 2; 2012, ch. 24, § 1.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, eliminated certain reporting requirements for school athletics programs in grades seven and eight, and at the beginning of the first sentence, added "Except as provided in Subsections C, D and E of Section 22-31-3 NMSA 1978,".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 31 - School Athletics Equity › Section 22-31-4 - Disclosure to students and public.

A. Each public school shall make its data available to the public, including all materials relied upon to compile the data. Each public school shall inform all students at the public school of their right to review the data.
B. The department shall publish the following information:
(1) each public school's data; and
(2) a list of public schools that did not submit fully completed data.
C. Each public school shall maintain its data and all materials relied upon to complete the data for at least three years. Each public school shall publish its data in a newspaper of general circulation in the state or make the data available on a publicly accessible web site.
History:
Laws 2009, ch. 178, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 178 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 31 - School Athletics Equity › Section 22-31-5 - Assurance of compliance.

A. Each public school shall submit an assurance of compliance with Title 9 to its local school board or governing body and provide a copy to the department no later than August 31 of each year. The assurance shall be signed by the superintendent of the district or the head administrator of the charter school. The department shall publish, in a newspaper of general circulation in the state or on a publicly accessible web site, a list of public schools that fail to submit the assurance of compliance with Title 9.
B. As used in this section, "Title 9" means federal Public Law 92-318, Title 9, of the Education Amendments of 1972, which is codified at 20 U.S.C. 1681, et seq., and the regulations promulgated pursuant to that act.
History:
Laws 2009, ch. 178, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 178 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 31 - School Athletics Equity › Section 22-31-6 - Report to governor and legislature.

Beginning December 1, 2011, the department shall submit annually a report on the School Athletics Equity Act to the governor and the legislature, including a summary of the data received from the public schools. The report shall include recommendations on how to increase gender equity in athletics in public schools. The department shall post the report on its web site.
History:
Laws 2009, ch. 178, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 178 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 32 - Community Schools › Section 22-32-1 - Short title.

Chapter 22, Article 32 NMSA 1978 may be cited as the "Community Schools Act".
History:
Laws 2013, ch. 16, § 1; 2017, ch. 66, § 1.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, changed "This act" to "Chapter 22, Article 32" NMSA 1978".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 32 - Community Schools › Section 22-32-2 - Purpose.

The Community Schools Act is enacted to provide a strategy to organize the resources of a community to ensure student success while addressing the needs, including cultural and linguistic needs, of the whole student from early childhood programs and voluntary public pre-kindergarten through high school graduation; to partner federal, state and local and tribal governments with community-based organizations to improve the coordination, delivery, effectiveness and efficiency of services provided to students and families; and to coordinate resources, in order to align and leverage community resources and integrate funding streams.
History:
Laws 2013, ch. 16, § 2; 2019, ch. 198, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, expanded the purpose of community schools to address the cultural and linguistic needs of students from early childhood programs and pre-kindergarten through high school graduation; after "addressing the needs", added "including cultural and linguistic needs", after "whole student", added "from early childhood programs and voluntary public pre-kindergarten through high school graduation", after "state and local", deleted "entities" and added "and tribal governments", after "with", deleted "private", and after "provided to", deleted "children" and added "students".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 32 - Community Schools › Section 22-32-5 - Definitions.

As used in the Community Schools Act:
A. "community school" means a public school that partners with families and the community, including tribal partners, nonprofit community-based organizations and local businesses, to provide well-rounded educational opportunities and supports for student success through the implementation of a community school framework;
B. "community school coordinator" means a full-time person employed by the lead partner agency who works within a community school as part of the site-based leadership team;
C. "community school framework" means a set of strategies implemented in a community school that include culturally and linguistically responsive instruction, programs and services and restorative practices that focus on building and maintaining relationships;
D. "community schools initiative" means the implementation of the community school framework to provide comprehensive or targeted support and improvement activities pursuant to the federal Every Student Succeeds Act;
E. "elementary school" may include early childhood services and pre-kindergarten;
F. "lead partner agency" means the agency that employs the community school coordinator and works collaboratively with the community school coordinator, the school principal and the site-based leadership team to assess, plan and carry out the community school framework;
G. "site-based leadership team" means an interdisciplinary, school-based leadership team that includes the school principal, the community school coordinator, teachers, other school employees, families, community partners, tribal partners, nonprofit organizations, unions and neighboring community residents that guides collaborative planning, implementation and oversight; and
H. "statewide coalition" means a group of community schools, members of their site-based leadership teams, foundations, businesses and other organizations, including unions, cultural and linguistic experts and tribal leaders, who have joined together to advocate for and support the development of community schools across New Mexico in alignment with an evidence-based community school framework.
History:
Laws 2019, ch. 198, § 2.
ANNOTATIONS
Cross references.
— For the federal Every Student Succeeds Act,
see
P.L. No. 114-95.
Effective dates.
— Laws 2019, ch. 198, § 8 made Laws 2019, ch. 198 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 32 - Community Schools › Section 22-32-7 - Coalition for community schools.

The department shall appoint a "coalition for community schools" that is a statewide coalition of community school participants, which shall include local community school content experts, culturally responsive content experts and tribal leaders. The coalition shall provide advocacy, capacity building and technical assistance to ensure equitable distribution of resources to all school districts in New Mexico. The coalition shall assist the department in reviewing applications for grants and making recommendations for awards.
History:
Laws 2019, ch. 198, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 198, § 8 made Laws 2019, ch. 198 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 32 - Community Schools › Section 22-32-8 - Community schools fund; created; accountability.

A. The "community schools fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to distribute grant awards to support the development and implementation of community schools initiatives.
B. The department shall ensure that the money expended from the community schools fund is used for the purposes stated in the Community Schools Act and shall not be used to correct for previous reductions in program services.
History:
Laws 2019, ch. 198, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 198, § 8 made Laws 2019, ch. 198 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 33 - Emergency Medication In Schools › Section 22-33-1 - Short title.

Sections 1 through 4 [22-33-1 to 22-33-4 NMSA 1978] of this act may be cited as the "Emergency Medication in Schools Act".
History:
Laws 2014, ch. 50, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 50 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 33 - Emergency Medication In Schools › Section 22-33-2 - Definitions.

As used in the Emergency Medication in Schools Act:
A. "albuterol" includes albuterol or another inhaled bronchodilator, as recommended by the department of health, for the treatment of respiratory distress;
B. "albuterol aerosol canister" means a portable drug delivery device packaged with multiple premeasured doses of albuterol;
C. "anaphylaxis" or "anaphylactic reaction" means a sudden, severe and potentially life-threatening whole-body allergic reaction;
D. "emergency medication" means albuterol or epinephrine;
E. "epinephrine" includes epinephrine or another medication, as recommended by the department of health, used to treat anaphylaxis until the immediate arrival of emergency medical system responders;
F. "epinephrine auto-injector" means a portable, disposable drug delivery device that contains a premeasured single dose of epinephrine;
G. "governing body" includes a governing body of a private school;
H. "health care practitioner" means a person authorized by the state to prescribe emergency medication;
I. "respiratory distress" includes impaired oxygenation of the blood or impaired ventilation of the respiratory system;
J. "school" means a public school, charter school or private school;
K. "spacer" means a holding chamber that is used to optimize the delivery of albuterol to a person's lungs;
L. "stock supply" means an appropriate quantity of emergency medication, as recommended by the department of health; and
M. "trained personnel" means a school employee, agent or volunteer who has completed epinephrine administration training documented by the school nurse, school principal or school leader and approved by the department of health and who has been designated by the school principal or school leader to administer epinephrine on a voluntary basis outside of the scope of employment.
History:
Laws 2014, ch. 50, § 2.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 50 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 33 - Emergency Medication In Schools › Section 22-33-3 - Emergency medication; albuterol; epinephrine; stock supply; storage.

A. Each local school board or governing body may obtain a standing order for and may provide to schools within its jurisdiction a stock supply of albuterol aerosol canisters and spacers prescribed in the name of the school or school district by a health care practitioner employed or authorized by the department of health. Each school that receives a stock supply of albuterol aerosol canisters and spacers pursuant to this subsection shall store them:
(1) in a secure location that is unlocked and readily accessible to a school nurse to administer albuterol;
(2) pursuant to board of pharmacy regulations; and
(3) within the manufacturer-recommended temperature range.
B. Each local school board or governing body may obtain a standing order for and may provide to schools within its jurisdiction a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors prescribed in the name of each school by a health care practitioner employed or authorized by the department of health. Each school that receives a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors pursuant to this subsection shall store them:
(1) in a secure location that is unlocked and readily accessible to trained personnel;
(2) pursuant to board of pharmacy regulations; and
(3) within the manufacturer-recommended temperature range.
C. Each local school board or governing body shall dispose of expired emergency medication pursuant to board of pharmacy regulations or department of health rules.
D. A local school board or governing body or a school within its jurisdiction may accept gifts, grants, bequests and donations from any source to carry out the provisions of the Emergency Medication in Schools Act, including the acceptance of albuterol aerosol canisters and spacers and epinephrine auto-injectors from a manufacturer or wholesaler.
History:
Laws 2014, ch. 50, § 3.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 50 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-1 - Short title.

This act [22-34-1 to 22-34-9 NMSA 1978] may be cited as the "Student Diabetes Management Act".
History:
Laws 2019, ch. 22, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-2 - Definitions.

As used in the Student Diabetes Management Act:
A. "diabetes" means type one or type two diabetes mellitus; complications related to diabetes mellitus; or prediabetes;
B. "diabetes care personnel" means a school employee who volunteers to be trained and is trained in accordance with Section 3 of the Student Diabetes Management Act;
C. "diabetes medical management plan" means a document that a student's personal health care practitioner and parent or guardian develops that sets out the health services that the student needs at school and that is signed by the student's health care practitioner and parent or guardian;
D. "governing body" means:
(1) the school board of a school district;
(2) the entity that governs a state-chartered or locally chartered charter school; or
(3) the entity that governs a private school;
E. "health care practitioner" means a person licensed to provide health care in the ordinary course of business;
F. "school" means an elementary, secondary, middle, junior high or high school or any combination of those, including a public school, state-chartered or locally chartered charter school or private school that students attend in person;
G. "school employee" means a person employed by a school, a person employed by the department of health or a local health department or by the public education department who is assigned to a school or a contractor designated to provide diabetes management services at a school pursuant to the Student Diabetes Management Act; and
H. "school nurse" means a person who:
(1) is a nurse who is authorized pursuant to the Nursing Practice Act to practice as a professional registered nurse;
(2) is licensed by the public education department and the board of nursing as a school nurse; and
(3) provides services as a school nurse at a school.
History:
Laws 2019, ch. 22, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-4 - Diabetes medical management plan.

A. The parent or guardian of each student with diabetes who seeks diabetes care while at school shall submit to the school a diabetes medical management plan.
B. Each school that receives a diabetes medical management plan shall review and implement the diabetes medical management plan.
History:
Laws 2019, ch. 22, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-5 - School diabetes care.

A. A governing body shall ensure that all students with diabetes receive appropriate and needed diabetes care as specified in students' diabetes medical management plans. In accordance with the request of a parent or guardian of a student with diabetes and the student's diabetes medical management plan, a school nurse or, in the absence of a school nurse, diabetes care personnel shall perform diabetes care functions that shall include, at a minimum:
(1) checking and recording the student's blood glucose levels and ketone levels or assisting the student with checking and recording these levels;
(2) responding to blood glucose levels that are outside of the student's target range;
(3) administering glucagon and other emergency treatments as prescribed;
(4) administering insulin or assisting a student in administering insulin through the insulin delivery system that the student uses;
(5) providing oral diabetes medications; and
(6) following instructions regarding meals, snacks and physical activity.
B. A school nurse or at least one diabetes care personnel shall be at each school where a student with diabetes is attending and shall be available to provide care to each student with diabetes as provided pursuant to Subsection A of this section during regular school hours and during all school-sponsored activities, trips, extended offsite excursions and extracurricular activities in which a student with diabetes is a participant and on buses where the bus driver has not been trained in diabetes care and a student with diabetes is a passenger.
History:
Laws 2019, ch. 22, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-6 - Application of other laws.

A. The provisions of Subsection A of Section 5 [22-34-5 NMSA 1978] of the Student Diabetes Management Act shall not constitute the practice of nursing and shall be exempted from all applicable statutory or regulatory provisions that restrict what activities can be delegated to or performed by a person who is not a health care practitioner.
B. Nothing in the Student Diabetes Management Act shall diminish the rights of eligible students or the obligations of school districts under the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act or the federal Americans with Disabilities Act of 1990.
History:
Laws 2019, ch. 22, § 6.
ANNOTATIONS
Cross references.
— For the federal Individuals with Disabilities Education Act,
see
20 U.S.C. § 1400 et seq.
For the federal Rehabilitation Act,
see
29 U.S.C. § 701 et seq.
For the federal Americans with Disabilities Act of 1990,
see
Titles 29, 42 and 47 of the U.S.C.
Effective dates.
— Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-7 - School assignment; diabetes care provision.

A. Students with diabetes shall attend the school they would otherwise attend if they did not have diabetes, and the diabetes care specified in Subsection A of Section 5 [22-34-5 NMSA 1978] of the Student Diabetes Management Act shall be provided at the student's school. A governing body shall not restrict a student who has diabetes from attending any school on the basis that the student has diabetes, that the school does not have a full-time school nurse or that the school does not have trained diabetes care personnel.
B. A school shall not require or pressure parents or guardians to provide diabetes care for a student with diabetes at school or school-related activities.
History:
Laws 2019, ch. 22, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 22 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.