reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 30 - University Athletic Facility Funding Act › Section 21-30-8 - Audits.

The board shall provide by resolution a method to audit or otherwise ensure that vendors subject to the athletic facility surcharge collect and remit to the president the full amount of the surcharge receipts due to the university.
History:
Laws 2007, ch. 117, § 9.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 117, § 12 contained an emergency clause and was approved March 30, 2007.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 30 - University Athletic Facility Funding Act › Section 21-30-9 - Enforcement; penalties.

A. An action to enforce the imposition and collection of an athletic facility surcharge by a vendor may be brought by a university.
B. A district court may issue an appropriate judgment, order or remedy to enforce the provisions of a vendor contract.
C. A judgment issued by a district court requiring athletic facility surcharge receipts to be paid to a university by a vendor shall also award interest at an annual rate of twelve percent on past due amounts, attorney fees and costs to a university.
History:
Laws 2007, ch. 117, § 10.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 117, § 12 contained an emergency clause and was approved March 30, 2007.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 30 - University Athletic Facility Funding Act › Section 21-30-10 - Liberal interpretation.

The University Athletic Facility Funding Act shall be liberally construed to carry out its purpose.
History:
Laws 2007, ch. 117, § 11.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 117, § 12 contained an emergency clause and was approved March 30, 2007.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 31 - Student Athlete Endorsement › Section 21-31-1 - Short title.

This act [21-31-1 to 21-31-4 NMSA 1978] may be cited as the "Student Athlete Endorsement Act".
History:
Laws 2021, ch. 124, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 124 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.
Applicability.
— Laws 2021, ch. 124, § 5 provided that the provisions of Laws 2021, ch. 124 apply to contracts entered into on and after July 1, 2021.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 31 - Student Athlete Endorsement › Section 21-31-2 - Definitions.

As used in the Student Athlete Endorsement Act:
A. "post-secondary educational institution" means an academic, vocational, technical, business, professional or other school, college or university or other organization or person offering or purporting to offer courses, instruction, training or education from a physical site in New Mexico, through distance education, correspondence or in person;
B. "student athlete" means an individual who engages in an intercollegiate sport; and
C. "third party" means an individual or entity other than a post-secondary educational institution, athletic association or athletic conference.
History:
Laws 2021, ch. 124, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 124 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.
Applicability.
— Laws 2021, ch. 124, § 5 provided that the provisions of Laws 2021, ch. 124 apply to contracts entered into on and after July 1, 2021.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 31 - Student Athlete Endorsement › Section 21-31-3 - Student athlete compensation.

A. A post-secondary educational institution shall not:
(1) uphold any rule, requirement, standard or other limitation that prevents a student athlete of that institution from fully participating in athletics without penalty:
(a) for receiving food, shelter, medical expenses or insurance from a third party; or
(b) for earning compensation from a third party as a result of the use of the student athlete's name, image, likeness or athletic reputation; or
(2) prevent a student athlete from receiving third-party compensation for using the student athlete's name, image, likeness or athletic reputation when the student athlete is not engaged in official, mandatory team activities.
B. Earning compensation from the use of a student athlete's name, image, likeness or athletic reputation shall not affect a student athlete's grant-in-aid or stipend eligibility, amount, duration or renewal. For the purposes of this section, a grant-in-aid or stipend shall not be revoked or reduced as a result of a student athlete earning compensation pursuant to this section.
C. A third party shall not offer a student athlete a contract to provide compensation to the student athlete for use of the student athlete's name, image, likeness or athletic reputation that requires a student athlete to advertise for the sponsor in person during official, mandatory team activities without the approval of the student athlete's post-secondary educational institution.
History:
Laws 2021, ch. 124, § 3; 2023, ch. 105, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, removed language that allowed a post-secondary educational institution to prohibit student athletes from wearing the footwear of their choice during official, mandatory team activities, and removed a prohibition on post-secondary educational institutions from arranging compensation for the use of a student athlete's name, image, likeness or reputation; and in Subsection A, deleted former Paragraph A(2) and redesignated former Paragraph A(3) as Paragraph A(2), and deleted Paragraph A(4).
Applicability.
— Laws 2021, ch. 124, § 5 provided that the provisions of Laws 2021, ch. 124 apply to contracts entered into on and after July 1, 2021.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 31 - Student Athlete Endorsement › Section 21-31-4 - Professional representation.

A post-secondary educational institution shall not interfere with or prevent a student athlete from fully participating in athletics for obtaining representation in relation to contracts or legal matters.
History:
Laws 2021, ch. 124, § 4; 2023, ch. 105, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, removed the prohibition against a person or entity that has represented a post-secondary educational institution in the previous four years from representing a student-athlete that is attending that institution in any business agreement; and after "obtaining representation", deleted "unaffiliated with a post-secondary educational institution or its partners", deleted "An entity or individual that represents a post-secondary educational institution or has represented that post-secondary educational institution in the previous four years shall not represent a student athlete who is attending that post-secondary educational institution in any business agreement.".
Applicability.
— Laws 2021, ch. 124, § 5 provided that the provisions of Laws 2021, ch. 124 apply to contracts entered into on and after July 1, 2021.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-1 - Public School Code.

Chapter 22 NMSA 1978 [except Article 5A] may be cited as the "Public School Code".
History:
1953 Comp., § 77-1-1, enacted by Laws 1967, ch. 16, § 1; 1977, ch. 246, § 59; 2003, ch. 153, § 1.
ANNOTATIONS
Cross references.
— For constitutional provisions relating to education,
see
N.M. Const., art. XII, § 1 et seq.
For legislative school study committee,
see
2-10-1 NMSA 1978 et seq.
Compiler's notes.
— Laws 2003, ch. 143, § 3 would have repealed Article 1 of Chapter 22 NMSA 1978 effective July 1, 2004. The repeal of this article of Chapter 22 was contingent upon the adoption of an amendment to Article 12, Section 6 of the constitution, which was approved at a special election held September 23, 2003. However, the repeal of Article 1 did not take effect, as prior to the July 1, 2004 effective date of the repeal of this article, Laws 2004, ch. 27, § 29, effective May 19, 2004, repealed Laws 2003, ch. 143, § 3.
The 2003 amendment,
effective April 4, 2003, substituted "22 NMSA 1978" for "77 NMSA 1953" following "Chapter" at the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
68 Am. Jur. 2d Schools §§ 1 to 294.
Use of public school premises for religious purposes during nonschool time, 79 A.L.R.2d 1148.
Public payment of tuition, scholarship, or the like, as respects sectarian school, 81 A.L.R.2d 1309.
Use of school property for other than public school or religious purposes. 94 A.L.R.2d 1274.
De facto segregation of races in public schools, 11 A.L.R.3d 780.
Liability of school or school personnel in connection with suicide of student, 17 A.L.R.5th 179.
Circumstances warranting judicial determination or declaration of unitary status with regard to schools operating under court-ordered or court-supervised desegregation plans and the effects of such declarations, 94 A.L.R. Fed. 667.
Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.
78 C.J.S. Schools and School Districts § 3 et seq.; 78A C.J.S. Schools and School Districts § 478 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-1.1 - Legislative findings and purpose.

A. The legislature finds that, although New Mexico has been in the forefront of educational reforms in many areas, additional improvements are necessary to enhance and upgrade the delivery of quality education in New Mexico.
B. The legislature further finds that enhancement of the educational system in New Mexico requires a renewed emphasis on the primary grades, recognizing especially the importance of the first grade to a child's future educational career.
C. The legislature further finds that teachers and administrators play a key role in any reform efforts and acknowledges their importance in the educational process.
D. The legislature further finds that the smorgasbord curriculum offered in many schools fails to provide students with the basic educational background necessary to provide them with indispensable life skills.
E. The legislature further finds that discipline in the schools is essential to provide an atmosphere conducive to effective learning.
F. It is the purpose of this reform legislation, among other things, to stress the importance of substantive academic subjects, provide for a greater emphasis on the primary grades, upgrade curriculum and graduation requirements, systematically evaluate instructional improvement and student progress, increase parental involvement in the public schools and recognize that teachers should be treated like other professionals.
History:
Laws 1986, ch. 33, § 1.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-2.1 - Home school; requirements.

Any person operating or intending to operate a home school shall:
A. submit a home school registration form made available by the department and posted on the department's web site to notify the department within thirty days of the establishment of the home school and to notify the department on or before August 1 of each subsequent year of operation of the home school;
B. maintain records of student disease immunization or a waiver of that requirement; and
C. provide instruction by a person possessing at least a high school diploma or its equivalent.
History:
1978 Comp., § 22-1-2.1, enacted by Laws 1985, ch. 21, § 2; 1993, ch. 62, § 2; 1993, ch. 226, § 1; 2001, ch. 62, § 1; 2014, ch. 12, § 3.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, required that home school registration forms be submitted on or before August 1; and in Subsection A, deleted "within thirty days of its establishment" and added "submit a home school registration form made available by the department and posted on the department's web site to", after "web site to notify the", deleted "state superintendent" and added "department within thirty days", after "establishment of the home school", deleted "within thirty days of its establishment", after "home school and", added "to", after "and to notify the", deleted "state superintendent in writing" and added "department", after "on or before", deleted "April 1" and added "August 1", after "year of operation of the", added "home", and after "operation of the home school", deleted "district from which the home school is drawing students".
The 2001 amendment,
effective June 15, 2001, in Subsection A, inserted "within thirty days of its establishment" at the beginning of the section, inserted "state" preceding both instances of "superintendent", deleted "of schools of the school district in which the person is a resident" preceding "of the establishment of a home school", inserted "in writing" following the second instance of "superintendent", inserted "of the school district from which the home school is drawing students" at the end of the subsection; in Subsection B, deleted the requirement to maintain records of student attendance, deleted the requirement that records be given to the superintendent, and inserted "or a waiver of that requirement"; and deleted Subsection D, concerning achievement test requirements.
The 1993 amendment,
rewrote Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-3 - Definitions; public schools; classifications.

As used in the Public School Code:
A. "elementary school" means a public school providing instruction for grades kindergarten through eight, unless there is a junior high school program approved by the state board [department], in which case it means a public school providing instruction for grades kindergarten through six;
B. "secondary school" means a public school providing instruction for grades nine through twelve, unless there is a junior high school program approved by the state board [department], in which case it means a public school providing instruction for grades seven through twelve;
C. "junior high school" means a public school providing a junior high school program approved by the state board [department] for grades seven through nine, or for grades seven and eight; and
D. "high school" means a public school providing instruction for any of the grades nine through twelve, unless there is a junior high school program approved by the state board [department] for grades seven through nine, in which case it means a public school providing instruction for any of the grades ten through twelve.
History:
1953 Comp., § 77-1-3, enacted by Laws 1967, ch. 16, § 3; 1977, ch. 2, § 1.
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 1 - General Provisions › Section 22-1-5 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1986, ch. 33, § 10 recompiled 22-1-5 NMSA 1978, relating to school employees, reporting drug and alcohol use, and release from liability, as 22-5-4.4 NMSA 1978, effective May 21, 1986.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-6 - Repealed.

History:
Laws 1989, ch. 308, § 1; 1990 (1st S.S.), ch. 4, § 3; 1991, ch. 238, § 1; 1997, ch. 40, § 1; 1997, ch. 261, § 1; 1999, ch. 210, § 1; 2001, ch. 313, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-1-6 NMSA 1978, as enacted by Laws 1989, ch. 308, § 1, relating to requirements of annual school district accountability report, 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 1 - General Provisions › Section 22-1-6.1 - Repealed.

History:
Laws 2003, ch. 18, § 1; repealed by Laws 2004, ch. 27, § 29.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 27, § 29 repealed Section 22-1-6.1 NMSA 1978, as enacted by Laws 2003, ch. 18, § 1, relating to high school graduation rates, 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 1 - General Provisions › Section 22-1-7 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 54 recompiled and amended 22-1-7 NMSA 1978 as 22-10A-33 NMSA 1978, effective April 4, 2003.
Laws 2017, ch. 65, § 4 repealed 22-10A-33 NMSA 1978, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-8 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-1-8 NMSA 1978, as 22-21-2 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-9 - High school diploma; resident military dependents.

A. A New Mexico resident high school student who is required to move out of state because the student's parent is a member of the New Mexico national guard or a branch of the armed forces of the United States and the parent is transferred to an out-of-state location may receive a New Mexico high school diploma under the following conditions:
(1) the student was a New Mexico resident and was regularly enrolled in a New Mexico high school prior to the parent being transferred to an out-of-state location;
(2) the student's parent notified the school district of the move and that the parent and student were retaining their New Mexico residency;
(3) the student transferred to and immediately enrolled in a high school at the new location and received high school credits that meet or exceed New Mexico's requirements for graduation; and
(4) the student has not graduated from high school or received a diploma, high school equivalency credential or any other certification of high school completion or its equivalent.
B. A student who meets the conditions of Subsection A of this section may request the New Mexico school district from which the student transferred to grant a high school diploma. The student shall include with the request for a New Mexico high school diploma:
(1) certification by the parent, and the student if over the age of eighteen, that the parent and student maintained their New Mexico residency;
(2) a transcript from the high school the student attended and a description of the course units to be transferred; and
(3) any other information the school district requires to review the request.
C. The school district shall review the student's high school transcript from the school the student transferred to and determine if the courses and grades meet or exceed New Mexico's requirements for graduation. If the transcript meets New Mexico standards, the school district shall grant the student a high school diploma.
History:
Laws 2007, ch. 74, § 1; 2015, ch. 122, § 7.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, replaced the term "general education development certificate" with "high school equivalency credential" in the provision relating to high school diplomas for resident military dependents; and in Paragraph (4) of Subsection A, after "received a diploma", deleted "general educational development certificate" and added "high school equivalency credential".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-9.1 - New Mexico diploma of excellence; state seal for bilingual and biliterate graduates.

A. The state seal of bilingualism-biliteracy on a New Mexico diploma of excellence certifies that the recipient is proficient for meaningful use in college, a career or to meet a local community language need in a world language other than English. The graduate's high school transcript shall also indicate that the graduate received the state seal on the graduate's New Mexico diploma of excellence.
B. The department shall adopt rules to establish the criteria for students to earn a seal of bilingualism-biliteracy, to include:
(1) the number of units of credit in a language other than English, including content courses taught in a language other than English, English language arts or English as a second language for English language learners;
(2) passage of state assessments in a world language other than English or English language arts for English language learners;
(3) in the case of tribal languages, certification of tribal language proficiency in consultation with individual tribes and adherence to processes and criteria defined by that tribe as appropriate for determining proficiency in its language;
(4) demonstrated proficiency in one or more languages other than English through one of the following methods:
(a) score three or higher on an advanced placement examination for a language other than English;
(b) score four or higher on an international baccalaureate examination for a higher-level language other than English course;
(c) score proficient on a national assessment of language proficiency in a language other than English; or
(d) provide presentations, interviews, essays, portfolios and other alternative processes that demonstrate proficiency in a language other than English.
C. In establishing the criteria for awarding the state seal of bilingualism-biliteracy, the department shall establish and consult with a task force of stakeholders that represent language experts, including:
(1) Indian nations, tribes and pueblos;
(2) teachers of world languages;
(3) endorsed teachers of bilingual multicultural education;
(4) directors of bilingual education;
(5) statewide organizations representing language educators, bilingual education, dual language education and teachers of English as a second language;
(6) university professors of world languages, heritage languages, Indian languages and bilingual education; and
(7) representatives of the state bilingual advisory council, the Indian education advisory council and the Hispanic education advisory council.
History:
Laws 2014, ch. 46, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 46 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
Cross references.
— For the Indian education advisory council,
see
22-23A-6 NMSA 1978.
For the Hispanic education advisory council,
see
22-23B-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-9.2 - Department-issued diplomas.

The department shall authorize a diploma program that results in a diploma award by the department for adults who have not graduated from high school but who want a program that:
A. documents their educational attainment through college and career readiness standards;
B. assesses high school-level skills in applied life and work contexts; and
C. prepares them to enter college or the workforce, upgrade their skills, advance to a better job or move from one field of work to another.
History:
Laws 2019, ch. 185, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 185 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 1 - General Provisions › Section 22-1-10 - Waiver of requirements; temporary provision.

The legislature finds that funding constraints require school districts to have financial flexibility to meet decreased state support. For the 2016-2017 through 2018-2019 school years, the secretary may waive requirements of the Public School Code and rules promulgated in accordance with that code pertaining to individual class load, teaching load, length of school day, staffing patterns, subject areas and purchases of instructional materials. The department shall monitor such waivers, and the secretary shall report to the legislative education study committee and the legislative finance committee on any issues or actions of a school district that appear to adversely affect student learning.
History:
Laws 2010, ch. 68, § 1; 2012, ch. 51, § 1; 2013, ch. 187, § 1; 2013, ch. 203, § 1; 2016, ch. 22, § 1.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, allowed the secretary of the public education department to waive certain requirements of the Public School Code for the 2016-2017 through 2018-2019 school year to meet funding constraints; in the first sentence, after "flexibility to meet", deleted "increased" and added "decreased", after "state", deleted "educational requirements" and added "support"; in the second sentence, after "For the", deleted "2013-2014" and added "2016-2017 through 2018-2019", and after "school", deleted "year" and added "years".
2013 Amendments.
— Laws 2013, ch. 203, § 1, effective June 14, 2013, provided flexibility to school districts to meet state fiscal solvency requirements; in the second sentence, after "2012-2013", added "2013-2014".
Laws 2013, ch. 187, § 1, effective June 14, 2013, in the first sentence, after "legislature finds that", added "funding constraints require", after "school districts", deleted "need" and added "to have financial", before "state", added "increased" and after "state", deleted "fiscal solvency" added "educational"; and in the second sentence, changed "2012-2013" to "2013-2014 and 2014-2015".
The 2012 amendment,
effective May 16, 2012, permitted the secretary to waive statutory and regulatory requirements for the school year 2012-2013; and in the second sentence, after "For the", deleted "2009-2010 through 2011-2012" and added "2012-2013"; and after "school", deleted "years" and added "year".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-13 - Career technical education fund created.

The "career technical education fund" is created as a nonreverting fund in the state treasury until the end of the pilot project. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to carry out the career technical education pilot project. The fund shall be administered by the department, and money in the fund is appropriated to the department to provide grants to school districts, charter schools and secondary schools funded by the federal bureau of Indian education participating in the pilot project. Expenditures from the fund shall be on warrants of the secretary of finance and administration on vouchers signed by the secretary of public education or the secretary's designated representative.
History:
Laws 2019, ch. 61, § 2; 2023, ch. 65, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, amended the career technical education fund to include secondary schools funded by the federal bureau of Indian education; and after "charter schools", added "and secondary schools funded by the federal bureau of Indian education".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 1 - General Provisions › Section 22-1-14 - Dental examination requirement; opting out; education; outreach.

A. As of July 1, 2021, a student shall not enroll in school unless the student has provided, in accordance with protocols established by the department:
(1) satisfactory evidence of having undergone a dental examination that meets standards established pursuant to department rules; or
(2) a form, signed by the student's parent or guardian, that states that the parent understands the risks associated when a student does not undergo a dental examination prior to school enrollment and that the parent or guardian nevertheless opts not to obtain a dental examination for the student.
B. Department rules shall specify that students shall obtain dental examinations required pursuant to Subsection A of this section at their own expense or at the expense of any dental health coverage they have.
C. By July 1, 2020, the secretary shall:
(1) adopt and promulgate rules to prescribe the requirements for dental examination pursuant to this section; and
(2) provide extensive education statewide for parents and guardians explaining the requirements for dental examination and providing information regarding where they may receive referrals to dental health care professionals statewide who are authorized to perform dental examinations in accordance with those rules.
D. Beginning July 1, 2022, the department shall collect data regarding student compliance with the provisions of Subsection A of this section and make an annual written report of that data to the legislative finance committee and the legislative health and human services committee.
History:
Laws 2019, ch. 107, § 14.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 107 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 1 - General Provisions › Section 22-1-15 - Free menstrual products in public schools.

A. Menstrual products shall be provided at no charge to students in:
(1) each women's bathroom and gender-neutral bathroom and at least one men's bathroom in every public middle school, junior high school, secondary school and high school; and
(2) at least one women's bathroom, one men's bathroom and one gender-neutral bathroom in every public elementary school.
B. For the purpose of this section, "menstrual product" means a sanitary pad or tampon.
History:
Laws 2023, ch. 56, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 56 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 2 - Public Education Department and Commission › Section 22-2-2.1 - Additional department duties; waiver of certain requirements.

A. The department shall approve all reasonable requests to waive the following for all public schools that exceed educational standards as determined by the department:
(1) accreditation review requirements as provided in Section 22-2-2 NMSA 1978;
(2) the length of the school day requirement as provided in Section 22-2-8.1 NMSA 1978;
(3) the individual class load requirement as provided in Section 22-10A-20 NMSA 1978;
(4) the subject area requirement as provided in Section 22-13-1 NMSA 1978; and
(5) purchase of instructional material from the department-approved multiple list requirement as provided in Section 22-15-8 NMSA 1978.
B. Upon receiving a waiver request from a school that exceeds educational standards and in addition to the requirements set forth in Subsection A of this section, the department may waive:
(1) the graduation requirement as provided in Section 22-13-1.1 NMSA 1978;
(2) evaluation standards for school personnel; and
(3) other requirements of the Public School Code [Chapter 22 [except Article 5A] NMSA 1978] that impede innovation in education if the waiver request is supported by the teachers at the requesting school and the requesting school's local school board.
C. Waivers granted pursuant to this section shall begin in the school year following that in which a public school exceeds educational standards and may remain in effect as long as the school continues to exceed educational standards.
D. The department shall only waive requirements that do not conflict with the federal No Child Left Behind Act of 2001 or rules adopted pursuant to that act.
History:
Laws 2003, ch. 104, § 1; 2003, ch. 143, § 2; 2004, ch. 27, § 16.
ANNOTATIONS
Cross references.
— For the federal No Child Left Behind Act of 2001,
see
Title 20 of the U.S.C., P.L. 107-110.
The 2004 amendment,
effective May 19, 2004, in Subsection A, changed "state board" to "department"; in Paragraphs (3) and (4) of Subsection A, changed statutory references; in Paragraph (5) of Subsection A, changed "state-board-approved" to "department-approved"; in Paragraph (1) of Subsection B, changed the statutory reference; and in Subsection D, changed state board to department.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-2.2 - Commission; duties.

A. The commission shall work with the department to develop the five-year strategic plan for public elementary and secondary education in the state. The strategic plan shall be updated at least biennially. The commission shall solicit the input of persons who have an interest in public school policy, including local school boards, school districts and school employees; home schooling associations; parent-teacher associations; educational organizations; the commission on higher education; colleges, universities and vocational schools; state agencies responsible for educating resident children; juvenile justice agencies; work force development providers; and business organizations.
B. In addition to the duty provided in Subsection A of this section, the commission shall:
(1) solicit input from local school boards, school districts and the public on policy and governance issues and report its findings and recommendations to the secretary and the legislature; and
(2) recommend to the secretary conduct and process guidelines and training curricula for local school boards.
History:
Laws 2004, ch. 27, § 17.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-2.3 - Department; additional duties; closing a school; consultations with tribal leaders and members and families of students.

A. Whenever the department is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school.
B. Consultation shall include, among other actions, meetings in which the department explains:
(1) the reasons for closing the public school;
(2) the reasons why the department has not or cannot provide additional resources to keep the public school open;
(3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools;
(4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to:
(a) culturally and linguistically responsive school policies;
(b) rigorous and culturally meaningful curricula and instructional materials;
(c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar; and
(d) professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students;
(5) how the educational outcomes for the Indian students will be improved by attending another public school;
(6) plans for the public school buildings that will be left empty by the closure; and
(7) any other matters the department believes provide an adequate explanation of the reasons for closing the public school on tribal lands.
History:
Laws 2019, ch. 174, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 174 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 2 - Public Education Department and Commission › Section 22-2-3 - Repealed.

History:
1953 Comp., § 77-2-3, enacted by Laws 1967, ch. 16, § 6; repealed by Laws 2004, ch. 27, § 29.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 27, § 29 repealed 22-2-3 NMSA 1978, as enacted by Laws 1967, ch. 16, § 6, relating to compensation, 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 2 - Public Education Department and Commission › Section 22-2-4 - Repealed.

History:
1953 Comp., § 77-2-4, enacted by Laws 1967, ch. 16, § 7; 1969, ch. 4, § 1; repealed by Laws 2004, ch. 27, § 29.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 27, § 29 repealed 22-2-4 NMSA 1978, as enacted by Laws 1967, ch. 16, § 7, relating to officers and meetings, 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 2 - Public Education Department and Commission › Section 22-2-5 - Repealed.

History:
1953 Comp., § 77-2-5, enacted by Laws 1967, ch. 16, § 8; repealed by Laws 2004, ch. 27, § 29.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 27, § 29 repealed 22-2-5 NMSA 1978, as enacted by Laws 1967, ch. 16, § 8, relating to delegation of administrative functions, 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 2 - Public Education Department and Commission › Section 22-2-6 - Repealed.

History:
1953 Comp., § 77-2-6, enacted by Laws 1967, ch. 16, § 9; 1978, ch. 211, § 9; 2003, ch. 153, § 6; repealed by Laws 2004, ch. 27, § 29.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 27, § 29 repealed 22-2-6 NMSA 1978, as enacted by Laws 1967, ch. 16, § 9, relating to department duties, 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 2 - Public Education Department and Commission › Section 22-2-6.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.1 NMSA 1978 as 22-29-1 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.2 NMSA 1978 as 22-29-2 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.3 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.3 NMSA 1978 as 22-29-3 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.4 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.4 NMSA 1978 as 22-29-4 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.5 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.5 NMSA 1978 as 22-29-5 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.6 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.6 NMSA 1978 as 22-29-6 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.7 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-2-6.7 NMSA 1978, as 22-29-7 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.8 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.8 NMSA 1978 as 22-29-8 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.9 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.9 NMSA 1978 as 22-29-9 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.10 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22-2-6.10 NMSA 1978 as 22-29-10 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.11 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 60 recompiled and amended 22-2-6.11 NMSA 1978 as 22-13-1.3 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-6.12 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 30 recompiled and amended 22-2-6.12 NMSA 1978 as 22-8-43 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-7 - Repealed.

History:
1953 Comp., § 77-2-7, enacted by Laws 1967, ch. 16, § 10; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-2-7 NMSA 1978, as enacted by Laws 1967, ch. 16, § 10, relating to surety bonds for state superintendent and designated employees of the department of education, 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 2 - Public Education Department and Commission › Section 22-2-8 - School standards.

The state board [department] shall prescribe standards for all public schools in the state. A copy of these standards shall be furnished by the department to each local school board, local superintendent and school principal. The standards shall include standards for the following areas:
A. curriculum, including academic content and performance standards;
B. organization and administration of education;
C. the keeping of records, including financial records prescribed by the department;
D. membership accounting;
E. teacher preparation;
F. the physical condition of public school buildings and grounds; and
G. educational facilities of public schools, including laboratories and libraries.
History:
1953 Comp., § 77-2-8, enacted by Laws 1967, ch. 16, § 11; 2003, ch. 143, § 2; 2003, ch. 153, § 7.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 27, § 29, effective May 19, 2004, repealed Laws 2003, ch. 143, § 3, which would have repealed this section.
Cross references.
— For student achievement,
see
22-2C-1 NMSA 1978.
For references to the former board of public education,
see
9-24-15 NMSA 1978.
The 2003 amendment,
effective April 4, 2003, substituted "School" for "Educational" at the beginning of the section heading; inserted "local superintendent and school principal" following "local school board" near the middle of the first paragraph; added "including academic content and performance standards" at the end of Subsection A; and in Subsection C substituted "including" for "other than" near the middle and substituted "department" for "chief" at the end.
School board may allocate attendance within district.
— So long as the statutory and constitutional minimum educational standards are satisfied, the local school board may allocate attendance within the district. 1979 Op. Att'y Gen. No. 79-36.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-8.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 51 recompiled and amended 22-2-8.2 NMSA 1978 as 22-10A-20 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-8.3 - Repealed.

History:
1978 Comp., § 22-2-8.3, enacted by Laws 1986, ch. 33, § 4; 1990 (1st S.S.), ch. 3, § 2; 1993, ch. 226, § 6; 1997, ch. 234, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-2-8.3 NMSA 1978, as enacted by Laws 1986, ch. 33, § 4, relating to subject and minimum instructional areas requirements and accreditation, effective April 4, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
22-13-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-8.4 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 58 recompiled and amended 22-2-8.4 NMSA 1978 as 22-13-1.1 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-8.5 - Repealed.

History:
1978 Comp., § 22-2-8.5, enacted by Laws 1986, ch. 33, § 6; 1989, ch. 270, § 1; 1993, ch. 226, § 8; 2001, ch. 331, § 1; repealed by Laws 2003, ch. 153, § 73.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 153, § 73 repealed 22-2-8.5 NMSA 1978, as enacted by Laws 1986, ch. 33, § 6, relating to additional statewide testing, 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 2 - Public Education Department and Commission › Section 22-2-8.6 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 15 recompiled and amended 22-2-8.6 NMSA 1978 as 22-2C-6 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-8.7 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 37 recompiled and amended 22-2-8.7 NMSA 1978 as 22-10A-6 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 2 - Public Education Department and Commission › Section 22-2-8.8 - High school equivalency credential.

The department shall issue a high school equivalency credential to any candidate who is at least sixteen years of age and who has successfully completed the high school equivalency credential tests.
History:
Laws 1999, ch. 193, § 1; 2014, ch. 31, § 1; 2015, ch. 122, § 9.
ANNOTATIONS
Cross references.
— For student achievement,
see
22-2C-1 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, changed "high school equivalency tests" to "high school equivalency credential tests".
The 2014 amendment,
effective March 7, 2014, replaced "general educational development certificate" with "high school equivalency credential"; in the catchline, changed "general educational development certificates" to "high school equivalency credential"; after "The department", deleted "of education", after "shall issue a", deleted "general educational development certificate" and added "high school equivalency credential", and after "successfully completed the", deleted "general educational development" and added "high school equivalency".
Temporary provisions.
— Laws 2014, ch. 31, § 2, effective March 7, 2014, provided:
A. All references in law to a "general education diploma", a "general equivalency diploma", a "general education development certificate", a "certificate of general equivalency", a "graduate equivalent diploma", a "GED certificate", a "high school equivalency diploma", a "certificate of equivalency" and an "equivalency diploma" shall be deemed to be references to a "high school equivalency credential".
B. All references in law to a "high school diploma or equivalent" shall be deemed to be references to a "high school diploma or high school equivalency credential".
C. All references in law to a "high school equivalency education" shall be deemed to be references to a "high school equivalency credential education".
D. All references in law to a "general educational development test" shall be deemed to be references to a "high school equivalency credential test".