reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-3 - Definitions.

As used in the School District Bond Anticipation Notes Act:
A. "bond anticipation note" means a security evidencing an obligation of the school district that precedes the issuance of general obligation bonds; and
B. "general obligation bond" means indebtedness issued by a school district that constitutes a debt for the purpose of Article 9, Section 11 of the constitution of New Mexico.
History:
Laws 2002, ch. 54, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-4 - Issuance of bond anticipation notes.

A. A school district may issue bond anticipation notes for any purpose for which general obligation bonds are authorized to be issued.
B. The principal amount of bond anticipation notes shall be payable solely from the proceeds of the general obligation bonds for which the bond anticipation notes are issued and shall not be considered debt of the school district for purposes of Article 9, Section 11 of the constitution of New Mexico.
History:
Laws 2002, ch. 54, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-5 - Bond anticipation note details.

A. Bond anticipation notes shall be authorized by resolution of the local school board and may be issued in such denominations as determined by the local school board.
B. Bond anticipation notes shall mature no later than one year from the date of issuance. The local school board shall covenant in the resolution authorizing the issuance of the bond anticipation notes to issue general obligation bonds in an amount necessary to retire the bond anticipation notes.
C. The annual interest rate and yield on the bond anticipation notes shall be stated in the resolution that authorizes the issuance of the bond anticipation notes; provided that the maximum net effective interest rate on bond anticipation notes shall not exceed ten percent a year.
D. Bond anticipation notes may be sold at, above or below par at a public sale, in a negotiated sale or to the New Mexico finance authority.
History:
Laws 2002, ch. 54, § 5.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-4 NMSA 1978.
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-6 - Limitations on issuance of bond anticipation notes.

Bond anticipation notes shall not be issued:
A. unless the general obligation bonds for which bond anticipation notes are contemplated have been authorized at an election as required by Article 9, Section 11 of the constitution of New Mexico;
B. in a principal amount in excess of the amount of the general obligation bonds authorized to be issued at an election or, if some portion of the bonds authorized at that election have been issued, in a principal amount in excess of the amount of the authorized but unissued general obligation bonds;
C. in a principal amount in excess of the amount of outstanding general obligation bonds of the school district maturing within one year of the date of issuance of the bond anticipation notes; and
D. unless the proceeds of the bond anticipation notes are to be used for the same purpose for which the general obligation bonds are authorized.
History:
Laws 2002, ch. 54, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-7 - Publication of notice; validation; limitation of action.

After adoption of a resolution authorizing issuance of bond anticipation notes, the local school board shall publish notice of the adoption of the resolution once in a newspaper of general circulation in the school district. After thirty days from the date of publication, any action attacking the validity of the proceedings had or taken by the local school board preliminary to and in the authorization and issuance of the bond anticipation notes described in the notice is perpetually barred.
History:
Laws 2002, ch. 54, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-8 - Cumulative and complete authority.

The School District Bond Anticipation Notes Act is an additional and alternative method for obtaining funding for capital projects by a school district and constitutes full authority for the exercise of powers granted to a local school board by that act. Powers conferred by the School District Bond Anticipation Notes Act are supplemental and additional to powers conferred by other laws of the state, without reference to such other laws of the state.
History:
Laws 2002, ch. 54, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 19B - School District Bond Anticipation Notes › Section 22-19B-9 - Liberal interpretation.

The School District Bond Anticipation Notes Act shall be liberally construed to effect the purposes of the act.
History:
Laws 2002, ch. 54, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 2002, ch. 54, § 11 contained an emergency clause and was approved March 4, 2002.
Severability.
— Laws 2002, ch. 54, § 10 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 20 - School Construction › Section 22-20-2 - School building construction; distance from highways.

A. No local school board or governing body of a charter school shall construct or cause the construction of any public school building within four hundred feet of any main artery of travel without the prior written approval of the department.
B. The district court may enforce the provisions of this section by any appropriate civil remedy in an action brought by an interested party.
C. As used in this section, "main artery of travel" means any designated state or federal-aid highway used primarily to accommodate transient motor traffic through a municipality and any type of public highway used primarily to accommodate transient motor traffic through a rural community or area.
History:
1953 Comp., § 77-18-2, enacted by Laws 1967, ch. 16, § 271; 2006, ch. 94, § 55.
ANNOTATIONS
Cross references.
— For transfer of powers and duties of former state board of education,
see
9-24-15 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, added the governing body of a charter school and changes "state board" to "department" in Subsection A.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 20 - School Construction › Section 22-20-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 147, § 14 repealed 22-20-3 NMSA 1978, as enacted by Laws 1967, ch. 16, § 272, relating to state board approval for school construction, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 20 - School Construction › Section 22-20-4 - Applicability.

The provisions of Chapter 22, Article 20 NMSA 1978 do not apply to public school capital outlay projects subject to the oversight of the public school capital outlay council pursuant to the Public School Capital Outlay Act [Chapter 22, Article 24 NMSA 1978].
History:
1978 Comp., § 22-20-4, enacted by Laws 2001, ch. 338, § 4.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 21 - Prohibited Sales by Personnel › Section 22-21-2 - Prohibition on the sale or use of student, faculty and staff lists in direct marketing; remedies.

A. No person shall sell or use student, faculty or staff lists with personal identifying information obtained from a public school or a local school district for the purpose of marketing goods or services directly to students, faculty or staff or their families by means of telephone or mail. The provisions of this section shall not apply:
(1) to legitimate educational purposes, which shall be determined by rules and regulations developed by the department of education [public education department]; or
(2) when a parent of a student authorizes the release of the student's personal identifying information in writing to the public school or local school district. For the purposes of this subsection, "personal identifying information" means the names, addresses, telephone numbers, social security numbers and other similar identifying information about students maintained by a public school or local school district.
B. Any person receiving a solicitation may bring an action against any person who violates Subsection A of this section.
C. If a person is found to have violated Subsection A of this section in an action brought under Subsection B of this section, then the person shall be required to pay actual damages or the sum of five hundred dollars ($500), whichever is greater, and reasonable attorneys' fees to the person receiving the solicitation.
History:
Laws 1993, ch. 166, § 1; 1978 Comp., § 22-1-8, recompiled as § 22-21-2 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Bracketed material.
— The bracketed material was added 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 22 - Variable School Calendars › Section 22-22-1 - Short title.

This act [22-22-1 to 22-22-6 NMSA 1978] may be cited as the "Variable School Calendar Act".
History:
1953 Comp., § 77-22-1, enacted by Laws 1972, ch. 16, § 1.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 22 - Variable School Calendars › Section 22-22-2 - Definition.

As used in the Variable School Calendar Act, "variable school calendar" means a calendar for school or school district operations extending over a ten, eleven or twelve-month period or portions thereof in excess of nine months, which permits pupil attendance on a staggered schedule.
History:
1953 Comp., § 77-22-2, enacted by Laws 1972, ch. 16, § 2.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 22 - Variable School Calendars › Section 22-22-3 - Purpose of act.

The purpose of the Variable School Calendar Act is to create an opportunity for public schools or school districts to operate beyond a nine-month period in any one calendar year in order to achieve optimum and maximum use of school facilities and personnel.
History:
1953 Comp., § 77-22-3, enacted by Laws 1972, ch. 16, § 3.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 22 - Variable School Calendars › Section 22-22-4 - Variable school calendar.

The local school board may operate a public school or the school district under a variable school calendar. The state board [department] shall develop criteria for the establishment of a variable school calendar in a school district. Those criteria shall include a requirement that the local school board demonstrate substantial community support for implementation of the variable school calendar.
History:
1953 Comp., § 77-22-4, enacted by Laws 1972, ch. 16, § 4; 1993, ch. 24, § 1; 2003, ch. 153, § 61.
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.
The 2003 amendment,
effective April 4, 2003, deleted "request" from the end of the section heading; deleted "of any school district" following "school board" near the beginning, deleted "adopt by resolution a request to the state board for approval to" following "may" near the beginning, inserted "a public school or the school district" following "operate" near the middle, and deleted the last sentence.
The 1993 amendment,
effective June 18, 1993, substituted "board" for "department of education" in two places in the first sentence; added the second and third sentences; and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 22 - Variable School Calendars › Section 22-22-5 - Variable school calendar; action by state board [department].

The state board [department] may suspend or modify existing rules pertaining to school district operations upon recommendation of the state superintendent [secretary] when those rules prevent or impede the implementation of the Variable School Calendar Act.
History:
1953 Comp., § 77-22-5, enacted by Laws 1972, ch. 16, § 5; 1993, ch. 24, § 2; 1993, ch. 226, § 49; 2003, ch. 153, § 62.
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.
The 2003 amendment,
effective April 4, 2003, substituted "state" for "department and" preceding "board" in the catchline; deleted Subsection A; deleted the "B." subsection designation; and deleted "and regulations" following "rules" twice in the section.
The 1993 amendment,
effective July 1, 1993, substituted "state board" and "board" for "department" and "department of education" in Subsection A; deleted "of education" following "state board" in Subsection B; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 22 - Variable School Calendars › Section 22-22-6 - Variable school calendar; effect.

The variable school calendar for a public school or school district shall be in lieu of any other school calendar provided by law, and all requirements for reporting or operating under existing school calendars shall be suspended for the public school or school district upon the initiation of operations under a variable school calendar. The public school or school district shall continue to operate under the approved variable school calendar until the local school board discontinues the variable school calendar.
History:
1953 Comp., § 77-22-6, enacted by Laws 1972, ch. 16, § 6; 1993, ch. 24, § 3; 2003, ch. 153, § 63.
ANNOTATIONS
The 2003 amendment,
effective April 4, 2003, deleted "of approval of request" at the end of the section heading; substituted "The variable school" for "Upon approval of the state board of the request of a local school board for operation under a variable school calendar, such" at the beginning of the section; deleted "and the rules and regulations made pursuant thereto" at the end of the first sentence; inserted "public" preceding "school" near the beginning of the second sentence; substituted "discontinues" for "requests the state board by resolution for approval of the discontinuance of" following "local school board" in the second sentence; and deleted "and the request is approved by the state board" at the end of the section.
The 1993 amendment,
effective June 18, 1993, substituted "state board" for "state department of education" and "department" and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23 - Bilingual Multicultural Education › Section 22-23-1 - Short title.

Chapter 22, Article 23 NMSA 1978 may be cited as the "Bilingual Multicultural Education Act".
History:
1953 Comp., § 77-23-1, enacted by Laws 1973, ch. 285, § 1; 2004, ch. 32, § 1.
ANNOTATIONS
Cross references.
— For courses of instruction generally,
see
22-13-1 NMSA 1978 et seq.
For constitutional provision requiring legislature to provide for training of teachers in English and Spanish languages and to provide means and methods to facilitate teaching of English language to Spanish-speaking students,
see
N.M. Const., art. XII, § 8.
For constitutional provision relating to educational rights of children of Spanish descent,
see
N.M. Const., art. XII, § 10.
The 2004 amendment,
effective May 19, 2004, revised the short title to include all of Chapter 22, Article 23 NMSA 1978.
Law reviews.
— For comment, "Education and the Spanish-Speaking - An Attorney General's Opinion on Article XII, Section 8 of the New Mexico Constitution," see 3 N.M.L. Rev. 364 (1973).
For note, "Bilingual Education: Serna v. Portales Municipal Schools," see 5 N.M.L. Rev. 321 (1975).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23 - Bilingual Multicultural Education › Section 22-23-2 - Definitions.

As used in the Bilingual Multicultural Education Act:
A. "bilingual learner" means a student whose bilingualism is emerging through the development of English and a language other than English;
B. "bilingual multicultural education program" means a program using two languages, including English and the home or heritage language, as a medium of instruction in the teaching and learning process;
C. "culturally and linguistically different" means students who are of a different cultural background than mainstream United States culture and whose home or heritage language, inherited from the student's family, tribe or country of origin, is a language other than English;
D. "district" means a public school or any combination of public schools in a district;
E. "English language learner" means a student whose first or heritage language is not English and who is unable to read, write, speak or understand English at a level comparable to grade level English proficient peers and native English speakers;
F. "heritage language" means a language other than English that is inherited from a family, tribe, community or country of origin;
G. "home language" means a language other than English that is the primary or heritage language spoken at home or in the community; and
H. "standardized curriculum" means a district curriculum that is aligned with the state academic content standards, benchmarks and performance standards.
History:
1953 Comp., § 77-23-2, enacted by Laws 1973, ch. 285, § 2; 2004, ch. 32, § 3; 2006, ch. 94, § 57; 2015, ch. 108, § 14; 2021, ch. 12, § 2.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, defined "bilingual learner" as used in the Bilingual Multicultural Education Act; and added a new Subsection A and redesignated the succeeding subsections accordingly.
The 2015 amendment,
effective July 1, 2015, amended and removed certain definitions from the Bilingual Multicultural Education Act; deleted Subsection C, which defined "department", and redesignated former Subsections D through G as Subsections C through F, respectively; and deleted Subsection H, which defined "school board" and redesignated former Subsection I as Subsection G.
The 2006 amendment,
effective July 1, 2007, added charter school in Subsection D and added governing body of a state-chartered charter school in Subsection H.
The 2004 amendment,
effective May 19, 2004, in Subsection A, revised the definition of "bilingual multicultural education"; deleted Subsection B; redesignated Subsection C as Subsection B and changed the definition of "culturally and linguistically different", changed the definition of "department" to the public education department and revised the definition of "district"; and added new Subsections E through G and I.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23 - Bilingual Multicultural Education › Section 22-23-3 - Repealed.

History:
1953 Comp., § 77-23-3, enacted by Laws 1973, ch. 285, § 3; repealed by Laws 2004, ch. 31, § 7.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 31, § 7 repealed 22-23-3 NMSA 1978, as enacted by Laws 1973, ch. 285, § 3, relating to purpose of act, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23 - Bilingual Multicultural Education › Section 22-23-4 - Department; powers; duties.

A. The department shall issue rules for the development and implementation of bilingual multicultural education programs.
B. The department shall administer and enforce the provisions of the Bilingual Multicultural Education Act.
C. The department shall assist school boards in developing and evaluating bilingual multicultural education programs.
D. In the development, implementation and administration of the bilingual multicultural education programs, the department shall give preference to New Mexico residents who have received specialized training in bilingual education when hiring personnel.
History:
1953 Comp., § 77-23-4, enacted by Laws 1973, ch. 285, § 4; 2004, ch. 32, § 4.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, in Subsection A, changed "state board" to "department"; and in Subsections A, C and D, inserted "bilingual multicultural education".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23 - Bilingual Multicultural Education › Section 22-23-6 - Bilingual multicultural education programs; eligibility for state financial support.

A. To be eligible for state financial support, each bilingual multicultural education program shall:
(1) provide for the educational needs of linguistically and culturally different students, including Native American children and other students who may wish to participate, in grades kindergarten through twelve, with priority to be given to programs in grades kindergarten through three, in a district;
(2) fund programs for culturally and linguistically different students in the state in grades kindergarten through three for which there is an identifiable need to improve the language capabilities of both English and the home language of these students before funding programs at higher grade levels;
(3) use two languages as mediums of instruction for any part or all of the curriculum of the grade levels within the program;
(4) use teachers who have specialized in elementary or secondary education and who have received specialized training in bilingual education conducted through the use of two languages. These teachers or other trained personnel shall administer language proficiency assessments in both English and in the home language until proficiency in each language is achieved;
(5) emphasize the history and cultures associated with the students' home or heritage language;
(6) establish a parent advisory committee, representative of the language and culture of the students, to assist and advise in the development, implementation and evaluation of the bilingual multicultural education program; and
(7) provide procedures to ensure that parental notification is given annually prior to bilingual multicultural education program placement.
B. Each bilingual multicultural education program shall meet each requirement of Subsection A of this section and be approved by the department to be eligible for state financial support.
History:
1953 Comp., § 77-23-6, enacted by Laws 1973, ch. 285, § 6; 1987, ch. 211, § 1; 2004, ch. 32, § 6.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, inserted "bilingual multicultural education" in Subsections A and B, added "both English and the home language" to Paragraph (2) of Subsection A, added to Subsection A the last sentence of Paragraph (4), "home or heritage language" to Paragraph (5) and added new Subparagraphs (6) and (7) and made other minor amendments.
School district would not be justified in failing to take affirmative steps to rectify language deficiencies because the state did not provide additional funding
for bilingual multicultural programs at each grade level. Neither
Lau v. Nichols
, 414 U.S. 563, 94 S. Ct. 786, 39 L. Ed. 2d 1 (1974), nor
Serna v. Portales Mun. Schs.
, 499 F.2d 1147 (10th Cir. 1974) even suggests that the state is responsible for providing any such additional funds. 1976 Op. Att'y Gen. No. 76-03.
Law reviews.
— For note, "Bilingual Education: Serna v. Portales Municipal Schools," see 5 N.M.L. Rev. 321 (1975).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-1 - Short title.

Chapter 22, Article 23A NMSA 1978 may be cited as the "Indian Education Act".
History:
Laws 2003, ch. 151, § 1; 2005, ch. 299, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added the statutory reference to the act.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-2 - Purpose of act.

The purpose of the Indian Education Act is to:
A. ensure equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for American Indian students enrolled in public schools;
B. ensure maintenance of native languages;
C. provide for the study, development and implementation of educational systems that positively affect the educational success of American Indian students;
D. ensure that the department of education [public education department] partners with tribes to increase tribal involvement and control over schools and the education of students located in tribal communities;
E. encourage cooperation among the educational leadership of Arizona, Utah, New Mexico and the Navajo Nation to address the unique issues of educating students in Navajo communities that arise due to the location of the Navajo Nation in those states;
F. provide the means for a formal government-to-government relationship between the state and New Mexico tribes and the development of relationships with the education division of the bureau of Indian affairs and other entities that serve American Indian students;
G. provide the means for a relationship between the state and urban American Indian community members to participate in initiatives and educational decisions related to American Indian students residing in urban areas;
H. ensure that parents; tribal departments of education; community-based organizations; the department of education [public education department]; universities; and tribal, state and local policymakers work together to find ways to improve educational opportunities for American Indian students;
I. ensure that tribes are notified of all curricula development for their approval and support;
J. encourage an agreement regarding the alignment of the bureau of Indian affairs and state assessment programs so that comparable information is provided to parents and tribes; and
K. encourage and foster parental involvement in the education of Indian students.
History:
Laws 2003, ch. 151, § 2.
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 23A - Indian Education › Section 22-23A-3 - Definitions.

As used in the Indian Education Act:
A. "assistant secretary" means the assistant secretary for Indian education;
B. "government-to-government" means the relationship between a New Mexico tribe and a state government;
C. "indigenous" means native or tribal groups of the Americas that maintain a cultural identity separate from the surrounding dominant cultures;
D. "tribal" means pertaining to urban Indians who are residents of New Mexico or to an Indian nation, tribe or pueblo located within New Mexico;
E. "New Mexico tribe" means an Indian nation, tribe or pueblo located within New Mexico; and
F. "urban Indian" means a member of a federally recognized tribe or an Alaskan native who lives in an off-reservation urban area and is a New Mexico resident.
History:
Laws 2003, ch. 151, § 3; 2007, ch. 295, § 2; 2007, ch. 296, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsections A through D and F. Laws 2007, ch. 295, § 2 and Laws 2007, ch. 296, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 296, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-4 - Rulemaking.

A. The secretary shall ensure that the duties prescribed in the Indian Education Act are carried out and that each division within the department is collaborating to fulfill its responsibilities to tribal students.
B. The secretary shall consult on proposed rules implementing the Indian Education Act with the Indian education advisory council and shall present rules for review and comment at the next semiannual government-to-government meeting pursuant to Section 22-23A-5 NMSA 1978.
History:
Laws 2003, ch. 151, § 4; 2007, ch. 295, § 3; 2007, ch. 296, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, rewrote this section. Laws 2007, ch. 295, § 3 and Laws 2007, ch. 296, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 296, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-4.1 - Post-secondary education.

The department shall collaborate and coordinate efforts with the higher education department and institutions of higher education, including tribal colleges and teacher education institutions and tribal education departments, to facilitate the successful and seamless transition of American Indian students into post-secondary education and training.
History:
Laws 2007, ch. 295, § 1; 2007, ch. 296, § 1.
ANNOTATIONS
Compiler's note.
— Laws 2007, ch. 295, § 1 and Laws 2007, ch. 296, § 1 enacted identical sections, effective June 15, 2007.
Cross references.
— For the department referred to in the section,
see
the public education department, 22-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-7 - Report.

A. The Indian education division in collaboration with the education division of the federal bureau of Indian affairs and other entities that serve tribal students shall submit an annual statewide tribal education status report no later than November 15 to all New Mexico tribes. The division shall submit the report whether or not entities outside state government collaborate as requested.
B. A school district with tribal lands located within its boundaries shall provide a districtwide tribal education status report to all New Mexico tribes represented within the school district boundaries.
C. The status reports shall be written in a brief format and shall include the following information, through which public school performance is measured and reported to the tribes and disseminated at the semiannual government-to-government meetings held pursuant to Section 22-23A-5 NMSA 1978:
(1) student achievement as measured by a statewide test approved by the department, with results disaggregated by ethnicity;
(2) school safety;
(3) the graduation rate;
(4) attendance;
(5) parent and community involvement;
(6) educational programs targeting tribal students;
(7) financial reports;
(8) current status of federal Indian education policies and procedures;
(9) school district initiatives to decrease the number of student dropouts and increase attendance;
(10) public school use of variable school calendars;
(11) school district consultations with district Indian education committees, school-site parent advisory councils and tribal, municipal and Indian organizations; and
(12) indigenous research and evaluation measures and results for effective curricula for tribal students.
History:
Laws 2003, ch. 151, § 7; 2007, ch. 295, § 6; 2007, ch. 296, § 6.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, required submission of the report no later than November 15 and that the report include information about consultations with district Indian education committees, school-site parent advisory councils and tribal, municipal and Indian organizations and information about indigenous research and evaluation measures and results of effective curricula for tribal students. Laws 2007, ch. 295, § 6 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 296, § 6.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-8 - Fund created.

A. The "Indian education fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations and income from investment of the fund. Money in the fund shall not revert. The fund shall be administered by the department, and money in the fund is appropriated to the department to distribute awards to support the Indian Education Act.
B. The department shall ensure that funds appropriated from the Indian education fund shall be used for the purposes stated in the Indian Education Act and shall not be used to correct for previous reductions of program services.
C. The department shall develop procedures and rules for the award of money from the fund. Disbursement of the fund shall be made by warrant of the department of finance and administration pursuant to vouchers signed by the secretary of public education.
History:
Laws 2003, ch. 151, § 8; 2007, ch. 295, § 7; 2007, ch. 296, § 7.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection B. Laws 2007, ch. 295, § 7 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 296, § 7.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23A - Indian Education › Section 22-23A-9 - Indian education; school district responsibilities; needs assessments; use of data; prioritizing budgets; reports.

A. As used in Sections 1 through 3 [22-23A-9 to 22-23A-11 NMSA 1978] of this 2019 act, "school district" includes charter schools.
B. Historically defined Indian impacted school districts are required to conduct a needs assessment to determine what supports are needed in public school, at home and in the community to help Indian students succeed in school, graduate with a diploma of excellence and be prepared to enter post-secondary education or the workplace.
C. After the needs assessment, the school district shall meet with the local tribes to prioritize the needs to be addressed. The school district shall make meeting the needs of Indian students and closing the achievement gap between Indian students and all other student groups a priority in the school district budget, including applying state and federal funding for Indian students, disadvantaged students, at-risk students, students in poverty and other categories of state and federal funding to help disadvantaged students.
D. The school district shall apply for appropriate state, federal and private grants to help it carry out the provisions of Sections 1 through 3 of this 2019 act. When approving budgets, the department shall consider whether a school district's budget accomplishes the prioritized needs from the Indian students needs assessment.
E. The school district shall develop an accountability tool that measures public school efforts pursuant to the systemic framework provided for in Sections 2 and 3 of this 2019 act and the success or failure of those efforts.
F. The school district shall hold a public meeting with members of the Indian students' tribal leaders, parents and the Indian education division at least twice in the school year to report on the needs assessment and the school district's evaluation of progress.
History:
Laws 2019, ch. 16, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 16 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 23A - Indian Education › Section 22-23A-10 - Systemic framework for improving educational outcomes for Indian students.

Historically defined Indian impacted school districts shall develop and publish a systemic framework for improving educational outcomes for Indian students. The school district shall develop the framework in collaboration with school employees, tribal leaders, Indian students and families, social service providers and community and civic organizations. The Indian education division shall assist the school district as required during the development and implementation of the framework. The school district may request assistance from schools of education at state educational institutions to identify best practices in collecting and using student-centered data to inform teaching strategies and schoolwide efforts to close the achievement gap between Indian students and all other student demographic groups.
History:
Laws 2019, ch. 16, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 16 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 23B - Hispanic Education › Section 22-23B-1 - Short title.

This act [Chapter 22, Article 23B NMSA 1978] may be cited as the "Hispanic Education Act".
History:
Laws 2010, ch. 108, § 1 and Laws 2010, ch. 114, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2010, ch. 108, § 1 and Laws 2010, ch. 114, § 1 enacted identical sections, both effective July 1, 2010. The section was set out as enacted by Laws 2010, ch. 114, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23B - Hispanic Education › Section 22-23B-2 - Purpose.

The purpose of the Hispanic Education Act is to:
A. provide for the study, development and implementation of educational systems that affect the educational success of Hispanic students to close the achievement gap and increase graduation rates;
B. encourage and foster parental involvement in the education of their children; and
C. provide mechanisms for parents, community and business organizations, public schools, school districts, charter schools, public post-secondary educational institutions, the department and state and local policymakers to work together to improve educational opportunities for Hispanic students for the purpose of closing the achievement gap, increasing graduation rates and increasing post-secondary enrollment, retention and completion.
History:
Laws 2010, ch. 108, § 2 and Laws 2010, ch. 114, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2010, ch. 108, § 2 and Laws 2010, ch. 114, § 2 enacted identical sections, both effective July 1, 2010. The section was set out as enacted by Laws 2010, ch. 114, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23B - Hispanic Education › Section 22-23B-3 - Definition.

As used in the Hispanic Education Act, "liaison" means the Hispanic education liaison."
History:
Laws 2010, ch. 108, § 3 and Laws 2010, ch. 114, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 2010, ch. 108, § 3 and Laws 2010, ch. 114, § 3 enacted identical sections, both effective July 1, 2010. The section was set out as enacted by Laws 2010, ch. 114, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23B - Hispanic Education › Section 22-23B-4 - Hispanic education liaison; created; duties.

A. The "Hispanic education liaison" is created in the department.
B. The liaison shall:
(1) focus on issues related to Hispanic education and advise the secretary on the development and implementation of policy regarding the education of Hispanic students;
(2) advise the department and the commission on the development and implementation of the five-year strategic plan for public elementary and secondary education in the state as the plan relates to Hispanic student education;
(3) assist and be assisted by other staff in the department to improve elementary, secondary and post-secondary educational outcomes for Hispanic students;
(4) serve as a resource to enable school districts and charter schools to provide equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Hispanic students enrolled in public schools;
(5) support and consult with the Hispanic education advisory council; and
(6) support school districts and charter schools to recruit parents on site-based and school district committees that represent the ethnic diversity of the community.
History:
Laws 2010, ch. 108, § 4 and Laws 2010, ch. 114, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 2010, ch. 108, § 4 and Laws 2010, ch. 114, § 4 enacted different sections, both effective July 1, 2010. The section was set out as enacted by Laws 2010, ch. 114, § 4.
See
12-1-8 NMSA 1978.
Laws 2010, ch. 108, § 4 provided:
"A. The "Hispanic education liaison" is created in the department.
B. The liaison shall:
(1) focus on issues related and implementations to Hispanic education and advise the secretary on the development and implementation of policy regarding the education of Hispanic students;
(2) advise the department and the commission on the development and implementation of the five-year strategic plan for public elementary and secondary education in the state as the plan relates to Hispanic student education;
(3) assist and be assisted by other staff in the department to improve elementary, secondary and post-secondary educational outcomes for Hispanic students;
(4) serve as a resource to enable school districts and charter schools to provide equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Hispanic students enrolled in public schools;
(5) support and consult with the Hispanic education advisory council; and
(6) support school districts and charter schools to recruit parents on site-based and school district committees that represent the ethnic diversity of the community."
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23B - Hispanic Education › Section 22-23B-5 - Hispanic education advisory council.

A. The "Hispanic education advisory council" is created as an advisory council to the secretary. The council shall advise the secretary on matters related to improving public school education for Hispanic students, increasing parent involvement and community engagement in the education of Hispanic students and increasing the number of Hispanic high school graduates who succeed in post-secondary academic, professional or vocational education.
B. The secretary shall appoint no more than twenty-three members to the council who are knowledgeable about and interested in the education of Hispanic students, including representatives of public schools; post-secondary education and teacher preparation programs; parents; Hispanic cultural, community and business organizations; other community and business organizations; and other interested persons. The secretary shall give due regard to geographic representation. Members shall serve at the pleasure of the secretary.
C. The council shall elect a chairperson and such other officers as it deems necessary.
D. The council shall meet as necessary, but at least twice each year.
E. The council shall advise the secretary on matters related to Hispanic education in New Mexico.
F. Members of the council shall not receive per diem and mileage or other compensation for their services.
History:
Laws 2010, ch. 108, § 5 and Laws 2010, ch. 114, § 5.
ANNOTATIONS
Compiler's notes.
— Laws 2010, ch. 108, § 5 and Laws 2010, ch. 114, § 5 enacted identical sections, both effective July 1, 2010. The section was set out as enacted by Laws 2010, ch. 114, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23B - Hispanic Education › Section 22-23B-6 - Statewide status report.

A. The department, in collaboration with the higher education department, shall submit an annual preschool through post-secondary statewide Hispanic education status report no later than November 15 to the governor and the legislature through the legislative education study committee. A copy shall be provided to the legislative library in the legislative council service.
B. The status report shall include the following information, by school district, by charter school and statewide, which may be compiled from data otherwise required to be submitted to the department:
(1) Hispanic student achievement at all grades;
(2) attendance for all grades;
(3) the graduation rates for Hispanic students; and
(4) the number and type of bilingual and multicultural programs in each school district and charter school.
C. The status report shall include the following information, by post-secondary educational institution, which may be compiled from data otherwise required to be submitted to the higher education department:
(1) Hispanic student enrollment;
(2) Hispanic student retention; and
(3) Hispanic student completion rates.
History:
Laws 2010, ch. 108, § 6; 2010, ch. 114, § 6; 2015, ch. 58, § 14.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, removed a provision requiring adequate yearly progress information to be included in Hispanic education status reports; in Subsection B, Paragraph (3), after the semicolon, added "and"; and deleted Paragraph (4) of Subsection B, relating to information on Hispanic students in schools that make adequate yearly progress, and redesignated the succeeding paragraph accordingly.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 23C - Black Education › Section 22-23C-1 - Short title.

Sections 1 through 7 [22-23C-1 to 22-23C-7 NMSA 1978] of this act may be cited as the "Black Education Act".
History:
Laws 2021, ch. 51, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 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 23C - Black Education › Section 22-23C-2 - Definitions.

As used in the Black Education Act:
A. "council" means the Black education advisory council; and
B. "liaison" means the Black education liaison.
History:
Laws 2021, ch. 51, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 51 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.