2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-32 - School district personnel, school employees, school volunteers, contractors and contractors' employees; required training program.

A. All school district personnel, school employees, school volunteers, contractors and contractors' employees shall be required to complete training in the detection and reporting of child abuse and neglect, ethical misconduct, professional responsibilities, sexual abuse and assault and substance abuse. Except as otherwise provided in this subsection, this requirement shall be completed within the school district employee's, school employee's, school volunteer's, contractor's or contractor's employee's first year of employment.
B. The department shall develop or adopt training programs, including training materials and necessary training staff, to meet the requirements of Subsection A of this section to make the training available in every public school. The department shall promulgate rules for the administration of the training programs. The department shall coordinate the development of the programs with appropriate staff in school districts and at public schools, the human services department [health care authority department], the department of health, the early childhood education and care department and the children, youth and families department. The department shall consult with the federal centers for disease control and prevention when developing or adopting the evidence-based training component on child sexual abuse and assault to include methods and materials that have proven to be effective. At a minimum, training required under this section shall include:
(1) reporting requirements, including minimal standards triggering reporting;
(2) trauma-informed instruction;
(3) identification of circumstances and factors that are indicators of likely abuse or inappropriate behaviors;
(4) ethical misconduct;
(5) professional responsibilities;
(6) investigations and procedures; and
(7) relevant legal and regulatory definitions.
C. The training programs developed or adopted pursuant to this section shall be made available by the department to the deans of every college of education in New Mexico for use in providing such training to students seeking elementary and secondary education licensure.
History:
Laws 1988, ch. 48, § 1; 1993, ch. 226, § 25; 1978 Comp., § 22-10-3.2, recompiled and amended as § 22-10A-32 by Laws 2003, ch. 153, § 53; 2014, ch. 9, § 1; 2021, ch. 94, § 9.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 53 recompiled and amended former 22-10-3.2 NMSA 1978 as 22-10A-32 NMSA 1978, effective April 4, 2003.
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.
Cross references.
— For references to the former state board of education,
see
9-24-15 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, added the topics of "ethical misconduct" and "professional responsibilities" to school training programs, and made conforming changes; in the heading, deleted "Licensed" and added "School district personnel", after "school employees", added "school volunteers, contractors and contractors' employees"; in Subsection A, after "All", deleted "licensed" and added school district personnel", after "school employees", added "school volunteers, contractors and contractors' employees", after "child abuse and neglect", deleted "including" and added "ethical misconduct, professional responsibilities", after "within the", deleted "licensed" and added "school district employees", after "school employee's", added "school volunteer's, contractor's or contractor's employee's", and after "first year of employment", deleted the remainder of the subsection; in Subsection B, after "develop", deleted "a" and added "or adopt", after "available in every", deleted "school district" and added "public school. The department shall promulgate rules for the administration of the training programs", after "department of health", added "the early childhood education and care department", and after "proven to be effective", added "At a minimum, training required under this section shall include", and added Paragraphs B(1) through B(7); and in Subsection C, after "developed", added "or adopted".
The 2014 amendment,
effective May 21, 2014, required licensed school employees to be trained in detecting and reporting child sexual abuse and assault; in Subsection A, in the first sentence, after "neglect", added "including sexual abuse and assault", in the second sentence, added "Except as otherwise provided in this subsection", and added the third sentence; and in Subsection B, in the first sentence, deleted "Pursuant to the policy and rules adopted by the state board", in the second sentence, after "appropriate staff", added "in school districts and", after "human services department" deleted "and", and after "department of health", added "and the children youth and families department", and added the third sentence.
Applicability.
— Laws 2014, ch. 9, § 4 provided that the provisions of Laws 2014, ch. 9, §§ 1 through 3 apply to the 2014-2015 school year and subsequent school years.
The 2003 amendment,
effective April 4, 2003, deleted "of education" following "the department" throughout the section; substituted "Licensed school employees" for "Certified school personnel and school nurses" in the section heading; in Subsection A, substituted "licensed school employees" for "certified school personnel and school nurses" following "All" at the beginning, substituted "licensed school employees" for "person's" near the end and deleted "in the state" at the end; in Subsection B, substituted "rules" for "regulations" following "the policy" near the beginning of the first sentence, deleted "in the state" at the end of the first sentence; and substituted "licensure" for "certification" at the end of Subsection C.
The 1993 amendment,
effective July 1, 1993, deleted "by July 1, 1991 or, after that date" following "completed" in the second sentence of Subsection A and substituted "department of health" for "health and environment department" at the end of Subsection B.