reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-7 - Special education; responsibility.

A. The state board [department] shall make, adopt and keep current a state plan for special education policy, programs and standards.
B. The department of education [public education department] with the approval of the state board [department] shall set standards for diagnosis and screening of and educational offerings for exceptional children in public schools, in private, nonsectarian, nonprofit training centers and in state institutions under the authority of the secretary of health.
C. The state board [department] shall establish and maintain a program of evaluation of the implementation and impact of all programs for exceptional children in the public schools. This program shall be operated with the cooperation of local school districts. Portions of the program may be subcontracted, and periodic reports regarding the efficacy of programs for exceptional children shall be made to the legislative education study committee.
D. The department of education [public education department] shall coordinate programming related to the transition of persons with disabilities from secondary and post-secondary education programs to employment or vocational placement.
History:
1953 Comp., § 77-11-3.2, enacted by Laws 1972, ch. 95, § 3; 1978, ch. 211, § 13; 1990, ch. 94, § 4; 1993, ch. 229, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 95, § 3, repealed 77-11-3.2, 1953 Comp., as enacted by Laws 1971, ch. 109, § 1, relating to provision of special education services and facilities by localities, and enacted a new 22-13-7 NMSA 1978.
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.
Cross references.
— For the legislative education study committee,
see
2-10-1 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, deleted "and environment" at the end of Subsection B and added Subsection D.
The 1990 amendment,
effective May 16, 1990, substituted "state board" for "state board of education" in Subsections A and B, deleted "department" after "health and environment" at the end of Subsection B, added Subsection C, and made minor stylistic changes in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Requisite conditions and appropriate factors affecting educational placement of handicapped children, 23 A.L.R.4th 740.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-9 - Repealed.

History:
1953 Comp., § 77-11-4, enacted by Laws 1967, ch. 16, § 183; repealed by Laws 2007, ch. 307, § 11 and Laws 2007, ch. 308, § 11.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 307, § 11 and Laws 2007, ch. 308, § 11 repealed 22-13-9 NMSA 1978, as enacted by Laws 1967, ch. 16, § 183, relating to part-time schools, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-10 - Repealed.

History:
1953 Comp., § 77-11-5, enacted by Laws 1967, ch. 16, § 184; repealed by Laws 2007, ch. 307, § 11 and Laws 2007, ch. 308, § 11.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 307, § 11 and Laws 2007, ch. 308, § 11 repealed 22-13-10 NMSA 1978, as enacted by Laws 1967, ch. 16, § 184, relating to restriction on employment, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-11 - Repealed.

History:
1953 Comp., § 77-11-6, enacted by Laws 1967, ch. 16, § 185.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 394, § 7 repealed 22-13-11 NMSA 1978, as enacted by Laws 1967, ch. 16, § 185, relating to adult education classes, effective April 8, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-12 - Approved driver-education courses.

A. The state board [department] or its designated representative shall adopt and promulgate minimum standards for approved driver-education and motorcycle driver-education courses taught in any school in the state.
B. A driver-education or motorcycle driver-education course shall provide to students legally entitled to operate the type of motor vehicle involved, classroom instruction and behind-the-wheel or on-the-motorcycle training in the safe operation of the motor vehicle.
C. An approved driver-education or motorcycle driver-education course is a course of instruction certified by the state superintendent [secretary] as meeting the minimum standards for such a driver-education course adopted by the state board [department] or its designated representative.
History:
1953 Comp., § 77-11-7, enacted by Laws 1967, ch. 16, § 186; 1973, ch. 381, § 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.
Cross references.
— For designation of the public education department as the sole educational agency of state for administration or supervision of state plan established for funds received pursuant to federal statute relating to school lunch programs,
see
22-9-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-13 - School lunch program.

A. The state board [department] shall prescribe standards and regulations for the establishment and operation of school lunch programs in the state. The department of education [public education department] shall provide technical advice and assistance to any school district in connection with the establishment or operation of a school lunch program.
B. A local school board may accept gifts or grants for use in connection with a school lunch program in the school district.
C. A "school lunch program" means a program under which lunches are served by a public school in the state on a nonprofit basis to students attending the school.
History:
1953 Comp., § 77-11-8, enacted by Laws 1967, ch. 16, § 187.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the public education department as the sole educational agency of state for administration or supervision of state plan established for funds received pursuant to federal statute relating to school lunch programs, see 22-9-2 NMSA 1978.
Cross references.
— For designation of the public education department as the sole educational agency of state for administration or supervision of state plan established for funds received pursuant to federal statute relating to school lunch programs,
see
22-9-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-13.1 - Temporary provision; food and beverages sold outside of school meal programs.

The public education department, in collaboration with the department of health and one representative each from the New Mexico action for healthy kids, parents, students, school food service directors, school boards, school administrators, agriculture, dairy producers and the food and beverage industry, shall adopt rules no later than December 31, 2005 governing foods and beverages sold in all public schools to students outside of federal department of agriculture school meal programs. The rules shall, at a minimum, address nutrition standards, portion sizes and times when students may access these items. Nothing in this section shall be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers or groups when the items are intended for sale off the school campus.
History:
Laws 2005, ch. 115, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 115 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-14 - Emergency drills; requirement.

A. An emergency drill shall be conducted in each public and private school of the state at least once each week during the first four weeks of the school year. During the first four weeks of the school year, each school shall conduct one shelter in place drill that includes preparation to respond to an active shooter, one evacuation drill and two fire drills. During the rest of the school year, each school shall conduct at least four more emergency drills, at least two of which shall be fire drills. It shall be the responsibility of the person in charge of a school to carry out the provisions of this section.
B. In locations where a fire department is maintained, a member of the fire department shall be requested to be in attendance during the emergency drills for the purpose of giving instruction and constructive criticism.
C. The department shall determine penalties for any person failing to meet the provisions of this section.
History:
1953 Comp., § 77-11-9, enacted by Laws 1967, ch. 16, § 188; 1979, ch. 81, § 1; 2005, ch. 27, § 1; 2019, ch. 158, § 1.
ANNOTATIONS
Cross references.
— For fire protection training programs,
see
59A-52-6 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, established new requirements for school evacuation and active shooter drills; and in Subsection A, deleted "and at least once each month thereafter until the end of the school year. Two drills during the year shall be shelter-in-place drills and one shall be an evacuation drill, as directed by the department. The remainder of the drills shall be fire drills." and added "During the first four weeks of the school year, each school shall conduct one shelter in place drill that includes preparation to respond to an active shooter, one evacuation drill and two fire drills. During the rest of the school year, each school shall conduct at least four more emergency drills, at lest two of which shall be fire drills.".
The 2005 amendment,
effective July 1, 2005, required that two emergency drills during the year be shelter-in-place drill, one drill be an evacuation drill and the remainder of the drills be fire drills.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-15 - Public school instruction; prohibition; penalty.

A. No person shall teach sectarian doctrine in a public school.
B. Any person violating the provisions of this section by teaching sectarian doctrine in a public school shall be immediately discharged from further employment with a school district. The provisions of Sections 22-10-17 through 22-10-20 NMSA 1978 relating to the discharge of certified school personnel apply to this section.
History:
1953 Comp., § 77-11-10, enacted by Laws 1967, ch. 16, § 189.
ANNOTATIONS
Compiler's notes.
— Sections 22-10-19 and 22-10-20 NMSA 1978, referred to in the second sentence in Subsection B, were repealed in 1986.
Laws 2003, ch. 153, § 72 recompiled former 22-10-17 NMSA 1978 as 22-10A-27 NMSA 1978, recompiled former 22-10-17.1 NMSA 1978 as 22-10A-28 NMSA 1978 and recompiled former 22-10-18 NMSA 1978 as 22-10A-29 NMSA 1978, effective April 4, 2003.
Cross references.
— For constitutional right to freedom of religion,
see
N.M. Const., art. II, § 11.
For prohibition against requiring religious tests and requiring attendance at or participation in religious services by teachers or students,
see
N.M. Const., art. XII, § 9.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-16 - Private school programs; solicitations; permit; penalty.

A. It is unlawful for any private school, or its agent, to canvass a prospective student in New Mexico for the purpose of selling to the student a scholarship or collecting tuition from the student in advance of the date for registration for the school without first obtaining a permit from the state board [department]. This shall not be construed to prevent canvassing by schools for prospective students where no scholarship is sold or where no fee for tuition is collected in advance of registration. This shall also not be construed to prevent a school from advertising.
B. To obtain a permit as required by this section, an application shall be filed with the state board [department], signed by an authorized representative of the school, accompanied by any reasonable fee required by the state board and containing the following:
(1) the name and location of the school seeking the permit;
(2) the number of instructors employed by the school;
(3) the courses of instruction offered by the school; and
(4) any additional information required by the state board [department].
C. The state board may revoke, at any time, any permit issued by it for satisfactory cause.
D. Any person violating any provisions of this section is guilty of a petty misdemeanor.
History:
1953 Comp., § 77-11-11, enacted by Laws 1967, ch. 16, § 190.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the public education department as the sole educational agency of state for administration or supervision of state plan established for funds received pursuant to federal statute relating to school lunch programs, see 22-9-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of private school or educational institution for breach of contract arising from provision of deficient educational instruction, 46 A.L.R.5th 581.
Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student, 47 A.L.R.5th 1.
78 C.J.S. Schools and School Districts §§ 58, 811.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-17 NMSA 1978, enacted by Laws 1969, ch. 180, § 27, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-18 NMSA 1978, enacted by Laws 1969, ch. 180, § 28, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-19 NMSA 1978, enacted by Laws 1969, ch. 180, § 29, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-20 NMSA 1978, enacted by Laws 1969, ch. 180, § 30, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-21 NMSA 1978, enacted by Laws 1969, ch. 180, § 31, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-22 NMSA 1978, enacted by Laws 1969, ch. 180, § 32, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-23 NMSA 1978, enacted by Laws 1969, ch. 180, § 33, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 54, § 1, repealed 22-13-24 NMSA 1978, enacted by Laws 1972, ch. 29, § 1, relating to education enrichment program and diesel mechanics program.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-25 - Academic competitions.

Each public school in each conference shall provide academic competitions similar to its athletic competitions. A student who participates in an academic competition shall qualify for an academic letter in the subject in which he competes. Academic competitions between schools shall be governed by the New Mexico activities association.
History:
Laws 2001, ch. 70, § 1.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-26 - Youth programs established.

The children, youth and families department, the state department of public education [public education department], the department of health, the human services department [health care authority department] and the labor department shall each contract for programs, subject to appropriations provided for that purpose, funded through a public-private partnership, for community-based after-school and other prevention programs and services for youth. Each department shall ensure, prior to contracting for services, that private matching funding is available and committed for the purpose of the contract.
History:
Laws 2003, ch. 161, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
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 13 - Courses of Instruction and School Programs › Section 22-13-27 - Recompiled.

History:
Laws 2003, ch. 162, § 2; § 22-13-27, recompiled as § 22-30-7 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 as 22-30-7 NMSA 1978, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-28 - Repealed.

History:
Laws 2007, ch. 12, § 1; 2012, ch. 21, § 1; 2013, ch. 175, § 1; 2015, ch. 75, § 1; 2017, ch. 19, § 1; repealed by Laws 2019, ch. 206, § 27 and Laws 2019, ch. 207, § 27.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 206, § 27 and Laws 2019, ch. 207, § 27 repealed 22-13-28 NMSA 1978, as enacted by Laws 2007, ch. 12, § 1, relating to K-3 plus, eligibility, application, reporting and evaluation, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
. The section is set out as repealed by Laws 2019, ch. 207, § 27.
See
12-1-8 NMSA 1978
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-28.1 - Repealed.

History:
Laws 2012, ch. 21, § 2; repealed by Laws 2019, ch. 206, § 28 and Laws 2019, ch. 207, § 28.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 206, § 28 and Laws 2019, ch. 207, § 28 repealed 22-13-28.1 NMSA 1978, as enacted by Laws 2012, ch. 21, § 2, relating to K-3 plus fund, creation, administration, appropriation, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-28.2 - Repealed.

History:
Laws 2016, ch. 62, § 1; repealed by Laws 2019, ch. 206, § 27 and Laws 2019, ch. 207, § 27.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 206, § 27 and Laws 2019, ch. 207, § 27 repealed 22-13-28.2 NMSA 1978, as enacted by Laws 2016, ch. 62, § 1, relating to K-5 plus pilot project, purpose, eligibility, application, reporting and evaluation, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-29 - Middle and high school literacy initiative.

A. School districts and charter schools may create comprehensive, coordinated middle and high school literacy initiatives to provide scientifically based literacy programs to improve the reading and writing proficiency of students in grades six through twelve.
B. The design of a middle and high school literacy initiative shall be based upon scientific research that shows that using the methods and materials proposed is effective in improving reading proficiency beyond the primary grades and shall include, at a minimum:
(1) instruction in nonfiction writing;
(2) ongoing teacher and school administrator professional development equal to that which was validated in the supporting research;
(3) use of student assessment data to guide and individualize instruction; and
(4) a rigorous and thorough evaluation component.
C. A middle and high school literacy initiative shall also incorporate some or all of the following elements:
(1) direct, explicit comprehension instruction;
(2) teacher teams, including language arts and content area instructors who implement mutually reinforcing practices;
(3) strategies to encourage motivation and self-directed learning;
(4) text-based collaborative learning by groups of students;
(5) strategic tutoring;
(6) diverse texts;
(7) a technology component; and
(8) extended time for literacy.
D. School districts and charter schools that meet department eligibility requirements may apply to the department for awards from the public school reading proficiency fund for support for their middle and high school literacy initiatives. Applications shall be in a form prescribed by the department.
History:
Laws 2007, ch. 307, § 10 and Laws 2007, ch. 308, § 10.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 307, § 10 and Laws 2007, ch. 308, § 10 enacted identical sections, effective July 1, 2007.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-30 - Vision screening.

A school nurse or the nurse's designee, a primary care health provider or a lay eye screener shall administer a vision screening test for students enrolled in the school in pre-kindergarten, kindergarten, first grade and third grade and for transfer and new students in those grades, unless a parent affirmatively prohibits the visual screening.
History:
Laws 2007, ch. 353, § 2 and Laws 2007, ch. 357, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 353, § 2 and Laws 2007, ch. 357, § 2, enacted identical new sections, effective January 1, 2008.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-31.2 - Certification in cardiopulmonary resuscitation for coaches.

A. All licensed coaches employed by school districts shall have current certification in cardiopulmonary resuscitation. The department shall promulgate rules regarding the implementation of this section. The certification program shall include training regarding the use of automated external defibrillators.
B. As used in this section, "school districts" includes charter schools.
History:
Laws 2023, ch. 178, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 178 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-34 - Purple star public schools program.

A. The department shall develop a "purple star public schools program" that provides a mechanism for public schools to ease the transition of students of military families into new schools by providing academic, social and emotional support to those students or, for public schools not located near a military installation, those schools that want to recognize and celebrate military service and the accomplishments of active military and veterans.
B. A public school that has students from active-duty military families may apply to the department to be a purple star public school by:
(1) designating school staff as a point of contact for military-related students and their families and for the military;
(2) providing professional development for point-of-contact staff;
(3) including a page on its school website that features resources and information for military families;
(4) describing the academic, social and emotional supports available to assist transitioning military students; and
(5) submitting a resolution to the local school board supporting military students and the public school's application to become a purple star public school.
C. A public school that does not have students from active-duty military families may apply to be a purple star public school by:
(1) emphasizing the importance and honor of military service;
(2) recognizing the service to the country and accomplishments of veterans, active-duty and reserve military and the national guard in their communities;
(3) sponsoring special events recognizing military service;
(4) celebrating students who have committed to serving in the military; and
(5) submitting a resolution to the local school board supporting students of military families and the public school's application to become a purple star public school.
History:
Laws 2021, ch. 75, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 75 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13A - Incentives for School Improvement (Repealed.) › Section 22-13A-1 - Repealed.

History:
Laws 1989, ch. 137, § 1; 1997, ch. 236, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-13A-1 NMSA 1978, as enacted by Laws 1989, ch. 137, § 1, relating to the short title, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13A - Incentives for School Improvement (Repealed.) › Section 22-13A-2 - Repealed.

History:
Laws 1989, ch. 137, § 2; 1997, ch. 236, § 2; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-13A-2 NMSA 1978, as enacted by Laws 1989, ch. 137, § 2, relating to the purpose of the Incentives for School Improvement Act, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13A - Incentives for School Improvement (Repealed.) › Section 22-13A-3 - Repealed.

History:
Laws 1989, ch. 137, § 3; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-13A-3 NMSA 1978, as enacted by Laws 1989, ch. 137, § 3, relating to defining terms used in the Incentives for School Improvement Act, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13A - Incentives for School Improvement (Repealed.) › Section 22-13A-4 - Repealed.

History:
Laws 1989, ch. 137, § 4; 1997, ch. 236, § 3; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-13A-4 NMSA 1978, as enacted by Laws 1989, ch. 137, § 4, relating to the creation and administration of the incentives for school improvement program, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13A - Incentives for School Improvement (Repealed.) › Section 22-13A-5 - Repealed.

History:
Laws 1989, ch. 137, § 5; 1997, ch. 236, § 4; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-13A-5 NMSA 1978, as enacted by Laws 1989, ch. 137, § 5, relating to the measurement criteria for the incentives for school improvement program, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13A - Incentives for School Improvement (Repealed.) › Section 22-13A-6 - Repealed.

History:
Laws 1989, ch. 137, § 6; 1997, ch. 236, § 5; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-13A-6 NMSA 1978, as enacted by Laws 1989, ch. 137, § 6, relating to the creation of the incentives for school improvement fund, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-1 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 1; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-1 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 1, relating to the short title of the Twenty-First Century Education Act, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-2 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 2; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-2 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 2, relating to the purpose of the act, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-3 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 3; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-3 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 3, relating to definitions, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-4 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 4; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-4 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 4, relating to creation and membership of commission, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-5 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 5; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-5 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 5, relating to purpose and duty of commission, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-6 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 6; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-6 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 6, relating to administration, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-7 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 7; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-7 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 7, relating to the twenty-first century education fund, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-8 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 8; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-8 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 8, relating to board regulations, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13B - Twenty-First Century Education (Repealed.) › Section 22-13B-9 - Repealed.

History:
Laws 1990 (1st S.S.), ch. 9, § 9; repealed by Laws 1990 (1st S.S.), ch. 9, § 13.
ANNOTATIONS
Repeals.
— Laws 1990 (1st S.S.), ch. 9, § 13 repealed 22-13B-9 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 9, § 9, relating to program applications, evaluations and monitoring, effective July 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-1 - Short title.

Chapter 22, Article 13C NMSA 1978 may be cited as the "Healthy Hunger-Free Students' Bill of Rights Act".
History:
Laws 2017, ch. 117, § 1; 2023, ch. 30, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, changed the name of the "Hunger-Free Students' Bill of Rights" to the "Healthy Hunger-Free Students' Bill of Rights"; and deleted "This act" and added "Chapter 22, Article 13C NMSA 1978", and preceding "Hunger-Free", added "Healthy".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-3 - Meal application availability and clarity.

A. A school shall provide:
(1) a free, printed meal application in every school enrollment packet, or if the school chooses to use an electronic meal application, provide in school enrollment packets an explanation of the electronic meal application process and instructions for how parents or guardians may request a paper application at no cost; and
(2) meal applications and instructions in a language that parents and guardians understand. If a parent or guardian cannot read or understand a meal application, the school shall offer assistance in completing the application.
B. If a school becomes aware that a student who has not submitted a meal application is eligible for free or reduced-fee meals, the school shall complete and file an application for the student under the authority granted by Title 7, Section 245.6(d) of the Code of Federal Regulations.
C. Subsections A and B of this section do not apply to a school that provides free meals to all students in a year in which the school does not collect meal applications from students.
D. The liaison required of a school pursuant to the federal McKinney-Vento Homeless Assistance Act shall coordinate with the nutrition department to make sure that a homeless student receives free school meals and shall be appropriately coded and entered in the student-teacher accountability reporting system. The requirements of this subsection do not apply to a private or religious school.
History:
Laws 2017, ch. 117, § 3.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-5 - Anti-stigmatization and antidiscrimination practices.

A. A school shall not:
(1) publicly identify or stigmatize a student who cannot pay for a meal or who owes a meal debt by, for example, requiring that a student wear a wristband or hand stamp; or
(2) require a student who cannot pay for a meal or who owes a meal debt to do chores or other work to pay for meals; provided that chores or work required of all students regardless of a meal debt is permitted.
B. A school shall direct communications about a student's meal debt to a parent or guardian and not the student. Nothing in this subsection prohibits a school from sending a student home with a letter addressed to a parent or guardian.
History:
Laws 2017, ch. 117, § 5.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-6 - Debt collection practices; uncollectable debt.

A school shall not require a parent or guardian to pay fees or costs from collection agencies hired to collect a meal debt.
History:
Laws 2017, ch. 117, § 6.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-7 - Applicability.

The Hunger-Free Students' Bill of Rights Act [Healthy Hunger-Free Students' Bill of Rights Act] applies to a public school district, a public school, a private school or a religious school that participates in the national school lunch program or school breakfast program.
History:
Laws 2017, ch. 117, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 117, § 1, changed the name of the "Hunger-Free Students' Bill of Rights" to the "Healthy Hunger-Free Students' Bill of Rights".
Effective dates.
— Laws 2017, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-8 - School meals; reduced-price copayments eliminated.

A. As used in this section:
(1) "reduced-price copayment" means the amount a reduced-price-eligible student would be charged for a reduced-price meal; and
(2) "reduced-price-eligible student" means a student who meets the federal income eligibility guidelines for family-size income levels for meals at a reduced price pursuant to the national school lunch program and the federal school breakfast program.
B. School districts and charter schools that administer a school breakfast or school lunch program shall not charge a reduced-price-eligible student a reduced-price copayment for meals.
C. The department shall provide funding to each school district and charter school that administers a school breakfast or school lunch program to cover the cost of eliminating reduced-price copayments. Funding shall be based on a per-meal basis at the difference between the federal free meal rate and the reduced-price copayment rate. When calculating the amount due a school district or charter school, the department shall assume that the number of reduced-price-eligible students will remain at the same level as the previous year. If a school district or charter school has not previously had a school breakfast program or school lunch program in which meals were served to reduced-price-eligible students, the department shall work with the school district or charter school to determine an accurate estimate of funding for the program.
D. By August 1 of each year, the department shall inform school districts and charter schools of the amounts the school districts and charter schools will receive to offset the elimination of reduced-price copayments for the upcoming school year. School districts and charter schools are not required to demonstrate their expenses to receive funding pursuant to this section.
E. The department shall promulgate rules necessary to implement the provisions of this section, including procedures for reimbursing school districts and charter schools.
History:
Laws 2020, ch. 12, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
Applicability.
— Laws 2020, ch. 12, § 2 provided that the provisions of Laws 2020, ch. 12, § 1 apply to the 2020-2021 and subsequent school years.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-9 - Incentivize New Mexico-grown foods.

A. School food authorities are eligible to receive an incentive grant pursuant to this section to purchase New Mexico-grown, -raised or -processed products. A participating school food authority may use the amount received pursuant to this section to support implementation of program requirements described in Subsection E of Section 3 [22-13C-4 NMSA 1978] of the Healthy Hunger-Free Students' Bill of Rights Act.
B. School food authorities shall use the money received pursuant to this section to purchase New Mexico-grown, -raised or -processed products. A minimum of seventy-five percent of funds shall be used to purchase unprocessed and minimally processed products. Up to twenty-five percent of funds may be used for value-added processed products.
C. By August 1 of each year, subject to available appropriations, the department shall distribute to each participating school food authority the greater of one thousand dollars ($1,000) or an amount equal to ten cents ($.10) multiplied by the number of lunches that qualified for federal free meal reimbursement that the participating school food authority served to students in the preceding school year. When calculating the amount of program funding that is due to a school food authority, the department shall assume that student participation will remain at the same level as the previous year.
History:
Laws 2023, ch. 30, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 30, § 6 made Laws 2023, ch. 30, § 4 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13C - Healthy Hunger-Free Students' Bill of Rights › Section 22-13C-10 - Addressing food waste.

By no later than July 1, 2025, a school food authority shall seek to achieve the lowest level of food waste, which shall include all of the following:
A. students in grades kindergarten through five shall be allowed to have up to twenty minutes of seated lunch time each school day to provide sufficient lunch periods that are long enough to give all students adequate time to eat; and
B. share tables shall be provided where food service staff, students and parents may return allowable food. Allowable food placed on the share tables that is not taken by a student during the course of a regular school meal period shall be donated to students, food banks or other nonprofit charitable organizations.
History:
Laws 2023, ch. 30, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 30, § 6 made Laws 2023, ch. 30, § 5 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13D - K-5 Plus (Repealed) › Section 22-13D-1 - Repealed.

History:
Laws 2019, ch. 206, § 2; 2019, ch. 207, § 2; repealed by Laws 2023, ch. 19, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 19, § 5 repealed 22-13D-1 NMSA 1978, as enacted by Laws 2019, ch. 206, § 2 and Laws 2019, ch. 207, § 2, relating to short title, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13D - K-5 Plus (Repealed) › Section 22-13D-2 - Repealed.

History:
Laws 2019, ch. 206, § 3; 2019, ch. 207, § 3; 2021, ch. 134, § 3; repealed by Laws 2023, ch. 19, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 19, § 5 repealed 22-13D-2 NMSA 1978, as enacted by Laws 2019, ch. 206, § 3 and Laws 2019, ch. 207, § 3, relating to K-5 plus; eligibility; requirements, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13D - K-5 Plus (Repealed) › Section 22-13D-3 - Repealed.

History:
Laws 2019, ch. 206, § 4; 2019, ch. 207, § 4; 2021, ch. 134, § 4; repealed by Laws 2023, ch. 19, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 19, § 5 repealed 22-13D-3 NMSA 1978, as enacted by Laws 2019, ch. 206, § 4 and Laws 2019, ch. 207, § 4, relating to K-5 plus, oversight, reporting, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13D - K-5 Plus (Repealed) › Section 22-13D-4 - Repealed.

History:
Laws 2019, ch. 206, § 5; 2019, ch. 207, § 5; 2021, ch. 134, § 5; repealed by Laws 2023, ch. 19, § 5.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 19, § 5 repealed 22-13D-4 NMSA 1978, as enacted by Laws 2019, ch. 206, § 5 and Laws 2019, ch. 207, § 5, relating to K-5 plus, application, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.