reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-17 - Funding.

Each local school board is authorized to accept contributions from private sources in order to carry out the provisions of the Historical Codes Act [22-15-15 to 22-15-20 NMSA 1978].
History:
Laws 1981, ch. 29, § 3.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-18 - Posting of copy.

Each local school board may, to the extent funds are available pursuant to Section 3 [22-15-17 NMSA 1978] of the Historical Codes Act, post, in a nondiscriminatory manner not favoring one religious or ethno-cultural background over another, durable, permanent copies of the historical codes in each regular instructional classroom in the school district.
History:
Laws 1981, ch. 29, § 4.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-19 - Other funds prohibited.

No funds from any other source other than those accepted pursuant to Section 3 [22-15-17 NMSA 1978] of the Historical Codes Act shall be used to carry out the provisions of Section 4 [22-15-18 NMSA 1978] of that act.
History:
Laws 1981, ch. 29, § 5.
ANNOTATIONS
Cross references.
— For the federal Individuals with Disabilities Education Act,
see
Titles 20, 25, 29 and 42 U.S.C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-20 - Definition.

As used in the Historical Codes Act [22-15-15 to 22-15-20 NMSA 1978], "historical codes" means:
A. the ten commandments;
B. the code of Hammurabi;
C. any injunctive compendium from the Koran;
D. any compendium of Confucian teachings;
E. any excerpts from the Bhagavad-Gita;
F. the teachings of Gautama Buddha or his followers; or
G. any other teachings representing disparate ethno-cultural or religious backgrounds.
History:
Laws 1981, ch. 29, § 6; .
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-21 - Repealed.

History:
Laws 1993, ch. 156, § 1; repealed by Laws 2003, ch. 313, § 7.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 313, § 7 repealed 22-15-21 NMSA 1978, as enacted by Laws 1993, ch. 156, § 1, relating to the short title of the Braille Literacy Act, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
the Braille Access Act, 22-15-26 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-22 - Repealed.

History:
Laws 1993, ch. 156, § 2; repealed by Laws 2003, ch. 313, § 7.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 313, § 7 repealed 22-15-22 NMSA 1978, as enacted by Laws 1993, ch. 156, § 2, relating to definitions in the Braille Literacy Act, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
the Braille Access Act, 22-15-26 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-23 - Repealed.

History:
Laws 1993, ch. 156, § 3; repealed by Laws 2003, ch. 313, § 7.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 313, § 7 repealed 22-15-23 NMSA 1978, as enacted by Laws 1993, ch. 156, § 3, relating to Braille instruction, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
the Braille Access Act, 22-15-26 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-24 - Repealed.

History:
Laws 1993, ch. 156, § 4; repealed by Laws 2003, ch. 313, § 7.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 313, § 7 repealed 22-15-24 NMSA 1978, as enacted by Laws 1993, ch. 156, § 4, relating to individualized planning and assessment, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
the Braille Access Act, 22-15-26 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-25 - Repealed.

History:
Laws 1993, ch. 156, § 5; repealed by Laws 2003, ch. 313, § 7.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 313, § 7 repealed 22-15-25 NMSA 1978, as enacted by Laws 1993, ch. 156, § 5, relating to personnel qualifications, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
the Braille Access Act, 22-15-26 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-27 - Purposes.

The purposes of the Braille Access Act [22-15-26 to 22-15-31 NMSA 1978] are to:
A. enhance literacy;
B. increase braille proficiency;
C. improve employability for blind and visually impaired students; and
D. reduce the cost of acquiring braille and other alternate accessible format materials.
History:
Laws 2003, ch. 313, § 2.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-28 - Definitions.

As used in the Braille Access Act [22-15-26 to 22-15-31 NMSA 1978]:
A. "alternate accessible format" means one of several alternatives to traditional print, including braille, large print and computer text files;
B. "braille" means the tactile system of reading and writing used by persons who are blind and visually impaired, as defined by the braille authority of North America;
C. "department" means the state department of public education;
D. "educational institution" means a public school or public post-secondary educational institution;
E. "instructional materials" means textbooks, workbooks, teacher manuals or editions, blackline masters, transparencies, test packets, software, CD-ROMs, videotapes and cassette tapes;
F. "structural integrity" means all of the printed instructional materials, including the text of the material, sidebars, table of contents, chapter headings and subheadings, footnotes, indexes, glossaries and bibliographies. "Structural integrity" need not include nontextual elements such as pictures, illustrations, graphs or charts, though the publisher should include a brief textual description of any such nontextual element when it is practical to do so and mention of the nontextual element when a description is not practical;
G. "student" means a blind or visually handicapped person accepted, enrolled or attending an educational institution; and
H. "textbook" means a book, a system of instructional materials or a combination of a book and supplementary instructional material that conveys information to the student or otherwise contributes to the learning process, including electronic textbooks.
History:
Laws 2003, ch. 313, § 3.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-30 - Guidelines.

The department, in consultation with representatives from educational institutions and publishers, shall adopt guidelines consistent with the Braille Access Act [22-15-26 to 22-15-31 NMSA 1978] for the implementation and administration of that act. The guidelines shall address all of the following:
A. the designation of instructional materials deemed required or essential to student success;
B. definitions clarifying what constitutes nontextual mathematics or science instructional materials that use mathematical notations and clarifying a publisher's obligations in regard to such instructional materials;
C. definitions clarifying what is required to maintain structural integrity and requirements for textual descriptions of pictures, illustrations, graphs and charts;
D. requirements for approval and procurement of textbooks that are available in a computer or electronic format and procedures for suspension of publishers from the procurement process if the publisher fails to comply with the provisions of the Braille Access Act;
E. an administrative complaint process to be followed for complaints against a publisher;
F. definitions clarifying what constitutes "educational purposes"; and
G. any other matters the department deems necessary or appropriate to carry out the purposes of the Braille Access Act.
History:
Laws 2003, ch. 313, § 5.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15 - Instructional Material › Section 22-15-31 - Private right of action.

A student who contends that there has been a violation of the Braille Access Act [22-15-26 to 22-15-31 NMSA 1978] has the right to pursue a private right of action in the district court if the student has exhausted the administrative complaint process. Organizations representing the interests of persons who are blind or who have other disabilities shall have standing to assert any right afforded in the Braille Access Act and shall be subject to the same requirements and terms as a student. Should the student or organization prevail in a lawsuit, the student or organization shall be entitled to injunctive relief and reasonable attorney fees and costs. No other type of monetary damages shall be available.
History:
Laws 2003, ch. 313, § 6.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-1 - Short title.

Chapter 22, Article 15A NMSA 1978 may be cited as the "Digital Equity in Education Act".
History:
Laws 1994, ch. 96, § 1; 2005, ch. 222, § 1; 2023, ch. 161, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, renamed the Technology for Education Act to the Digital Equity in Education Act; and deleted "Technology for" and added "Digital Equity in".
The 2005 amendment,
effective June 17, 2005, added the statutory reference of the act.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-2 - Definitions.

As used in the Digital Equity in Education Act:
A. "council" means the council on technology in education;
B. "digital citizenship" means the safe, ethical, responsible and informed use of technology and encompasses a range of skills and literacies, including internet safety, privacy and security; recognition and reporting of cyberbullying; online reputation management; communication skills; information literacy; and creative credit and copyright;
C. "digital equity" means a condition in which every learner has the information, support and skills to equitably access affordable, reliable and high-speed internet; adequate internet-enabled devices; digital literacy training; quality technical support; and evidence-based applications and content designed to facilitate both self-sufficient and collaborative learning;
D. "educational technology" means all applications of technology in the learning process, including internet connectivity, digital information, electronic devices and evidence-based software applications used to facilitate and enhance teaching and learning;
E. "large school district" means a school district with a membership of twelve thousand or more students, using an average of the membership on the second and third reporting dates of the prior year; and
F. "small school district" means a school district with a membership of fewer than twelve thousand students, using an average of the membership on the second and third reporting dates of the prior year.
History:
Laws 1994, ch. 96, § 2; 2023, ch. 161, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, defined "digital citizenship," "digital equity," "large school district" and "small school district", revised the definition of "educational technology" and removed the definitions of "bureau" and "chief"; in the introductory clause, after "As used in", deleted "Technology for" and added "Digital Equity in"; deleted former Subsections A and B and redesignated former Subsection C as Subsection A; added new Subsections B and C; in Subsection D, deleted "tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and CD ROM discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools use to implement technology in classrooms and library and media centers" and added "All applications of technology in the learning process, including internet connectivity, digital information, electronic devices and evidence-based software applications used to facilitate and enhance teaching and learning;"; and added Subsections E and F.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-3 - Repealed.

History:
Laws 1994, ch. 96, § 3; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15A-3 NMSA 1978, as enacted by Laws 1994, ch. 96, § 3, relating to bureau established, chief appointed, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-4 - Department duties.

The department shall:
A. administer the provisions of the Digital Equity in Education Act;
B. require school districts and charter schools to develop, implement and submit to the department educational technology plans for utilizing educational technology in the school system, which shall include descriptions of:
(1) how digital equity is being addressed for students;
(2) the replacement and repair process for devices issued to students, teachers and families;
(3) internet service connectivity support, including access to internet services for at-risk students;
(4) information technology support available to students, teachers and parents;
(5) professional development provided to teachers regarding digital citizenship;
(6) cybersecurity protection provided for the devices and applications issued to teachers and students; and
(7) identity protection provided to teachers and students; and
C. promulgate rules to establish parameters and procedures for distributions from the educational technology fund.
History:
Laws 1994, ch. 96, § 4; 2023, ch. 161, § 3.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, transferred certain duties from the former education technology bureau to the department of education, and revised certain duties related to digital equity and information technology; in the section heading, substituted "bureau" with "department"; in the introductory clause, deleted "In accordance with the policies and regulations of the state board, the bureau" and added "The department"; in Subsection A, after "provisions of the", deleted "Technology for" and added "Digital Equity in"; deleted former Subsection B and redesignated former Subsection C as Subsection B; in Subsection B, deleted "assist" and added "require", after "implement", deleted "a strategic, long-term plan" and added "and submit to the department educational technology plans", and after "school system", added "which shall include descriptions of"; added Paragraphs B(1) through B(7); added a new Subsection C; and deleted Subsections D through H.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-5 - Council on technology in education; created; purpose.

The "council on technology in education" is created. The council shall advise the department regarding the establishment of appropriate educational technology standards, technology-enhanced curricula, instruction, appropriations for educational technology and methods for addressing digital equity in public schools.
History:
Laws 1994, ch. 96, § 5; 2023, ch. 161, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, removed references to the former education technology bureau, and revised certain duties of the council on technology in education; and after "shall advise the", deleted "bureau the state board and the legislature" and added "department", and after "educational technology and" deleted "administrative resources and services for the public schools" and added "methods for addressing digital equity in public schools".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-7 - Council duties.

The council shall:
A. advise the department on implementation of the provisions of the Digital Equity in Education Act;
B. work with the department to conduct periodic assessments of the need for educational technology in the public school system to support on-site and distance learning and make recommendations to the department on how to meet those needs; and
C. promote the collaborative development and implementation of educational technologies, projects and practices to enhance on-site and distance learning instruction capabilities.
History:
Laws 1994, ch. 96, § 7; 2007, ch. 292, § 8; 2023, ch. 161, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, removed references to the former education technology bureau, and revised certain duties of the council on technology in education; in Subsection A, after "advise the", deleted "bureau" and added "department", and after "provision of the", deleted "Technology for" and added "Digital Equity in"; in Subsection B, after "work with the", deleted "bureau" and added "department"; and deleted Subsections D and E.
The 2007 amendment,
effective June 15, 2007, required the council to support on-site and distance learning, and to develop and recommend a statewide cyber academy plan. Laws 2007, ch. 292, § 8 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 293, § 8.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-8 - Educational technology fund; created.

The "educational technology fund" is created in the state treasury. Money in the fund is appropriated to the department for the purpose of implementing the provisions of the Digital Equity in Education Act. Money in the fund shall be distributed by the department for the purposes stated in the Digital Equity in Education Act to school districts and charter schools for educational technology. Money in the fund shall only be expended pursuant to warrants issued by the department of finance and administration pursuant to vouchers signed by the secretary. Money in the fund shall not revert at the end of the fiscal year.
History:
Laws 1994, ch. 96, § 8; 2023, ch. 161, § 7.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised certain provisions related to the distribution of funds from the educational technology fund; deleted "Technology for" and added "Digital Equity in"; deleted "in the manner provided in the Technology for" and added "by the department for the purposes stated in the Digital Equity in"; added "to school districts and charter schools for educational technology"; deleted "chief or the state superintendent" and added "secretary"; and after "fiscal year", deleted "but shall remain to the credit of the fund".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-9 - Repealed.

History:
Laws 1994, ch. 96, § 9; 2000, ch. 89, § 1; 2003, ch. 147, § 11; 2004, ch. 125, § 5; 2005, ch. 274, § 3; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15A-9 NMSA 1978, as enacted by Laws 1994, ch. 96, § 9, relating to educational technology fund, distribution, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-10 - Repealed.

History:
Laws 1994, ch. 96, § 10; 2003, ch. 147, § 12; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15A-10 NMSA 1978, as enacted by Laws 1994, ch. 96, § 10, relating to annual report, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-11 - Repealed.

History:
Laws 2005, ch. 222, § 2; 2007, ch. 290, § 23; 2007, ch. 292, § 9; 2007, ch. 293, § 9; 2007, ch. 294, § 1; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15A-11 NMSA 1978, as enacted by Laws 2005, ch. 222, § 2, relating to educational technology deficiencies, correction, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-12 - Repealed.

History:
Laws 2005, ch. 222, § 3; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15A-12 NMSA 1978, as enacted by Laws 2005, ch. 222, § 3, relating to educational technology deficiency correction fund, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15A - Digital Equity in Education › Section 22-15A-13 - Repealed.

History:
Laws 2007, ch. 292, § 10; 2007, ch. 293, § 10; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15A-13 NMSA 1978, as enacted by Laws 2007, ch. 292, § 10, relating to obsolete computer replacement, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15B - Educational Technology Opportunity Program (Repealed) › Section 22-15B-1 - Repealed.

History:
Laws 1999, ch. 234, § 1; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15B-1 NMSA 1978, as enacted by Laws 1999, ch. 234, § 1, relating to statewide educational technology opportunity program, findings and purpose, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15B - Educational Technology Opportunity Program (Repealed) › Section 22-15B-2 - Repealed.

History:
Laws 1999, ch. 234, § 2; repealed by Laws 2023, ch. 161, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 161, § 8 repealed 22-15B-2 NMSA 1978, as enacted by Laws 1999, ch. 234, § 2, relating to educational technology opportunity program, duties of the public education department, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-1 - Short title.

Chapter 22, Article 15C NMSA 1978 may be cited as the "School Library Material Act".
History:
Laws 2003, ch. 149, § 1; 2006, ch. 94, § 48.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, added the statutory reference.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-2 - Definitions.

As used in the School Library Material Act:
A. "additional student" means a student in the certified forty-day membership of the current year for a school district or state institution above the number certified in the forty-day membership of the prior year for the school district or state institution;
B. "bureau" means the instructional material bureau of the department;
C. "bureau of Indian education" means the bureau of Indian education of the United States department of the interior;
D. "fund" means the school library material fund;
E. "governmentally controlled school" means a bureau of Indian education school that is governmentally owned and controlled, is located in New Mexico, provides instruction for first through twelfth grades and is not sectarian or denominational;
F. "library material processing" means cataloging of school library material, including in electronic format, according to nationally accepted standards, and the application of bar code labels and call-number classification labels to the material;
G. "membership" means the total enrollment of qualified students on the fortieth day of the school year entitled to the free use of school library material pursuant to the School Library Material Act;
H. "qualified student" means a public school or governmentally controlled school student who:
(1) has not graduated from high school;
(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the department for public school students or by the bureau of Indian education for students enrolled in a governmentally controlled school; and
(3) in terms of age:
(a) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or
(b) is at least three years of age at any time during the school year and is receiving special education services pursuant to regulation of the department;
I. "school library material" means books and other educational media, including online reference and periodical databases, that are made available in a school library to students for circulation and use in the library; and
J. "school district" includes state-chartered charter schools.
History:
Laws 2003, ch. 149, § 2; 2006, ch. 94, § 49; 2009, ch. 134, § 1.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former department of education,
see
9-24-15 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, added Subsection C; added Subsection E; in Subsection H, after "public school", added "or governmentally controlled school"; in Paragraph (2) of Subsection H, after "public school students", added "or by the bureau of Indian education for students enrolled in a governmentally controlled school"; and in Paragraph (3) of Subsection H, at the beginning of the sentence, added "in terms of age:".
The 2006 amendment,
effective July 1, 2007, in Paragraphs (2) and (4) of Subsection F, changed "state board" to "department" and added Subsection H to define school district.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-3 - School library material fund; creation.

The "school library material fund" is created in the state treasury. The purpose of the fund is to provide an account from which the department may distribute money to school districts, state institutions and governmentally controlled schools to pay for the cost of purchasing school library material. The cost of purchasing school library material may include shipping and handling charges for the delivery of school library material. The fund shall consist of appropriations, gifts, grants, donations and bequests. Money in the fund is appropriated to the department to pay for the cost of purchasing school library material. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary or the secretary's designated representative. Money in the fund shall not revert to the general fund at the end of a fiscal year.
History:
Laws 2003, ch. 149, § 3; 2009, ch. 134, § 2.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former department of education and former state superintendent,
see
9-24-15 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, after "state institutions", added "and governmentally controlled schools".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-4 - Administration of the school library material fund; bureau; duties.

Subject to the policies and rules of the department, the bureau shall:
A. administer the provisions of the School Library Material Act;
B. enforce rules for the handling, safekeeping and distribution of school library material and money from the fund;
C. enforce inventory and accounting procedures to be followed by school districts, state institutions and governmentally controlled schools; and
D. withdraw or withhold the privilege of participating in the free use of school library material in case of noncompliance with the provisions of the School Library Material Act or rules adopted pursuant to that act.
History:
Laws 2003, ch. 149, § 4; 2009, ch. 134, § 3.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former state board of education,
see
9-24-15 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection C, after "state institutions", added "and governmentally controlled schools".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-5 - Students eligible; distribution.

A. A qualified student or person eligible to become a qualified student attending a public school, a state institution or a governmentally controlled school in a grade from the first through the twelfth grade of instruction is entitled to the free use of school library material. A student enrolled in an early childhood education program as defined in Section 22-13-3 NMSA 1978 is also entitled to the free use of school library material.
B. A school district, a state institution or a governmentally controlled school shall purchase school library material as an agent for the benefit of students entitled to the free use of school library material.
C. A school district, a state institution or a governmentally controlled school receiving school library material pursuant to the School Library Material Act is responsible for circulation of the school library material for use by eligible students and for the safekeeping of the school library material.
History:
Laws 2003, ch. 149, § 5; 2009, ch. 134, § 4.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "state institution", added "or a governmentally controlled school"; in Subsection B, after "state institution", added "or a governmentally controlled school"; and in Subsection C, after "state institution", added "or a governmentally controlled school".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-6 - Distribution of money for school library material.

A. On or before July 1 of each year, the department shall allocate from the fund at least ninety percent of the estimated entitlement for each school district, state institution or governmentally controlled school as determined from the estimated forty-day membership for the next school year to each school district, state institution and governmentally controlled school. The entitlement of a school district, a state institution or a governmentally controlled school is the portion of the total amount of the annual appropriation less a deduction for a reasonable reserve for emergency expenses that its forty-day membership bears to the forty-day membership of the entire state. Additional students shall be counted as six students for the purpose of the allocation.
B. On or before January 15 of each year, the department shall recompute each entitlement using the forty-day membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-estimation made in the first allocation.
C. The department shall establish procedures to distribute funds directly to school districts, state institutions and governmentally controlled schools.
D. A school district, a state institution or a governmentally controlled school that has funds remaining for the purchase of school library material at the end of a fiscal year shall retain those funds for expenditure in subsequent years.
History:
Laws 2003, ch. 149, § 6; 2005, ch. 213, § 1; 2009, ch. 134, § 5.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after the first occurrence of "state institution", added "or governmentally controlled school"; after the second occurrence of "state institution", added "and governmentally controlled school"; and after the third occurrence of "state institution", added "or a governmentally controlled school"; in Subsection C, after "state institution", added "or a governmentally controlled school"; and in Subsection D, after "state institution", added "or a governmentally controlled school".
The 2005 amendment,
effective June 17, 2005, changed "distribute" to "allocate" in Subsection A.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-7 - Sale or loss or return of school library material.

A. With the approval of the bureau, school library material acquired by a school district, a state institution or a governmentally controlled school pursuant to the School Library Material Act may be sold at a price determined by officials of the school district, state institution or governmentally controlled school. The selling price shall not exceed the cost of school library material to the state.
B. A school district, a state institution or a governmentally controlled school may hold a parent, guardian or student responsible for loss, damage or destruction of school library material while the school library material is in the possession of a student. A school district or a governmentally controlled school may withhold the grades, diploma and transcripts of a student responsible for damage or loss of school library material until the parent, guardian or student has paid for the damage or loss. When a parent, guardian or student is unable to pay for the damage or loss, the school district shall work with the parent, guardian or student to develop an alternative program in lieu of payment. Where a parent or guardian is determined to be indigent according to guidelines established by the department, the school district shall bear the cost.
C. A school district, a state institution or a governmentally controlled school that has funds remaining for the purchase of school library material at the end of a fiscal year shall retain the funds for expenditure in subsequent years.
History:
Laws 2003, ch. 149, § 7; 2009, ch. 134, § 6.
ANNOTATIONS
Cross references.
— For transfer of powers and duties of the state board of education to the public education department,
see
9-24-15 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection A, after the first occurrence of "state institution", added "or a governmentally controlled school" and after the second occurrence of "state institution", added "or governmentally controlled school"; in Subsection B, after "state institution" added "or a governmentally controlled school" and after "school district", added "or a governmentally controlled school"; in Subsection C, after "state institution", added "or a governmentally controlled school".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-8 - Record of school library material.

A school district, a state institution or a governmentally controlled school shall keep an accurate record of school library material that includes a cost record. A school district, a state institution or a governmentally controlled school shall comply with record-keeping procedures prescribed by the bureau.
History:
Laws 2003, ch. 149, § 8; 2009, ch. 134, § 7.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, after the first occurrence of "state institution", added "or a governmentally controlled school" and after the second occurrence of "state institution", added "or governmentally controlled school".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-9 - Annual report.

Annually, at a time specified by the department, each local school district, state institution or governmentally controlled school acquiring school library material pursuant to the School Library Material Act shall file a report with the department.
History:
Laws 2003, ch. 149, § 9; 2009, ch. 134, § 8.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former department of education,
see
9-24-15 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, after "state institution", added "or a governmentally controlled school".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15C - School Library Materials › Section 22-15C-10 - Reports; budgets.

A. Annually, the department shall submit a budget for the next fiscal year to the department of finance and administration showing expenditures for school library material to be paid from the fund, including reasonable shipping and handling charges and library material processing expenses.
B. Upon request, the department shall make reports to the public education commission concerning the administration and execution of the School Library Material Act.
History:
Laws 2003, ch. 149, § 10; 2009, ch. 134, § 9.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former department of education,
see
9-24-15 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection B, changed "state board" to "public education commission".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15D - Fine Arts Education › Section 22-15D-1 - Short title.

Chapter 22, Article 15D NMSA 1978 may be cited as the "Fine Arts Education Act".
History:
Laws 2003, ch. 152, § 1; 2006, ch. 94, § 50.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, added the statutory reference.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15D - Fine Arts Education › Section 22-15D-2 - Purpose.

A. The purpose of the Fine Arts Education Act is to encourage school districts and state-chartered charter schools to offer opportunities for elementary school students to participate in fine arts activities, including visual arts, music, theater and dance.
B. Participation in fine arts programs encourages cognitive and affective development by:
(1) focusing on a variety of learning styles and engaging students who might otherwise fail;
(2) training students in complex thinking and learning;
(3) helping students to devise creative solutions for problems;
(4) providing students new challenges; and
(5) teaching students how to work cooperatively with others and to understand and value diverse cultures.
History:
Laws 2003, ch. 152, § 2; 2006, ch. 94, § 51.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2007, added state-chartered charter schools in Subsection A.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15D - Fine Arts Education › Section 22-15D-4 - Department; powers and duties.

The department shall issue guidelines for the development and implementation of fine arts education programs. The department shall:
A. administer and enforce the provisions of the Fine Arts Education Act; and
B. assist school districts and charter schools in developing and evaluating programs.
History:
Laws 2003, ch. 152, § 4; 2006, ch. 94, § 52.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former state board of education and the former department of education,
see
9-24-15 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, changed "state board" to "department"; changed "local school boards" to "school districts and charter schools" in Subsection B (formerly Paragraph (2) of Subsection B).
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15D - Fine Arts Education › Section 22-15D-5 - Program plan and evaluation.

A. A school district or charter school may prepare and submit to the department a fine arts education program plan in accordance with guidelines issued by the department.
B. At a minimum, the plan shall include the fine arts education programs being taught, the ways in which the fine arts are being integrated into the curriculum and an evaluation component.
C. At yearly intervals, the school district or charter school, the department and a parent advisory committee from the school district or charter school shall review the goals and priorities of the plan and make appropriate recommendations to the secretary.
History:
Laws 2003, ch. 152, § 5; 2006, ch. 94, § 53; 2015, ch. 108, § 13.
ANNOTATIONS
Cross references.
— For the transfer of powers and duties of the former state board of education and the former department of education,
see
9-24-15 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, removed "state-chartered" from each reference to "charter school" regarding fine arts education programs; in Subsection A, after "school district or", deleted "state-chartered", and in Subsection C, after "school district or", deleted "state-chartered".
The 2006 amendment,
effective July 1, 2007, changed "local school boards" to "school district or state-chartered charter school" in Subsections A and C; changed "state board" to "department" in Subsection A; and in Subsection C, changed "state board" to "secretary" and provided for parent advisory committees from charter schools.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15D - Fine Arts Education › Section 22-15D-6 - Fine arts education programs; eligibility for state financial support.

A. To be eligible for state financial support, a fine arts education program shall:
(1) provide for the educational needs of students in the areas of visual arts, music, theater or dance;
(2) integrate the fine arts into the curriculum;
(3) use certified school instructors to supervise those who are teaching the program if those persons do not hold valid teaching licenses in one or more of the disciplines included in fine arts education; and
(4) require background checks in accordance with Section 22-10-3.3 NMSA 1978 [recompiled].
B. A fine arts education program shall meet each requirement of Subsection A of this section and be approved by the department of education [public education department] to be eligible for state financial support.
History:
Laws 2003, ch. 152, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2003, ch. 153, § 36 recompiled former 22-10-3.3 NMSA 1978 as 22-10A-5 NMSA 1978, effective April 4, 2003.
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 15E - Mathematics and Science Education Act › Section 22-15E-1 - Short title.

This act [Chapter 22, Article 15E NMSA 1978] may be cited as the "Mathematics and Science Education Act".
History:
Laws 2007, ch. 44, § 1 and Laws 2007, ch. 239, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 44 and Laws 2007, ch. 239, effective June 15, 2007, enacted duplicate laws.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15E - Mathematics and Science Education Act › Section 22-15E-2 - Definitions.

As used in the Mathematics and Science Education Act:
A. "bureau" means the mathematics and science bureau;
B. "chief" means the chief of the bureau; and
C. "council" means the mathematics and science advisory council.
History:
Laws 2007, ch. 44, § 2 and Laws 2007, ch. 239, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 44 and Laws 2007, ch. 239, effective June 15, 2007, enacted duplicate laws.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15E - Mathematics and Science Education Act › Section 22-15E-3 - Bureau created; duties.

A. The "mathematics and science bureau" is created in the department. The secretary shall appoint the chief as provided in the Public Education Department Act [Chapter 9, Article 24 NMSA 1978].
B. The bureau shall:
(1) administer the provisions of the Mathematics and Science Education Act;
(2) provide staff support for and coordinate the activities of the council;
(3) work with the council to develop a statewide strategic plan for mathematics and science education in the public schools and coordinate education activities with other state agencies, the federal government, business consortia and public or private organizations or other persons;
(4) ensure that school districts' plans include goals for improving mathematics and science education aligned to the department's strategic plan;
(5) recommend funding mechanisms that support the improvement of mathematics and science education in the state, including web-based mathematics and science curricula, mentoring and web-based homework assistance;
(6) promote partnerships among public schools, higher education institutions, government, business and educational and community organizations to improve the mathematics and science education in the state;
(7) develop and evaluate curricula, instructional programs and professional development programs in mathematics and science aligned with state academic content and performance standards; and
(8) assess the outcomes of efforts to improve mathematics and science education using existing data.
History:
Laws 2007, ch. 44, § 3 and Laws 2007, ch. 239, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 44 and Laws 2007, ch. 239, effective June 15, 2007, enacted duplicate laws.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 15E - Mathematics and Science Education Act › Section 22-15E-4 - Mathematics and science advisory council; created; members; terms; vacancies.

A. The "mathematics and science advisory council" is created, composed of twelve members. Members of the council shall be appointed by the secretary for staggered terms of four years; provided that for the initial appointments, four members shall be appointed for two years, four members shall be appointed for three years and four members shall be appointed for four years. Members shall serve until their successors have been appointed and qualified. A vacancy shall be filled by appointment by the secretary for the unexpired term.
B. Using a statewide application process, the secretary shall appoint members from throughout the state so as to ensure representation of the state's demographics, including geographic distribution, gender and ethnic diversity and as follows:
(1) four members from public schools, including at least two mathematics and science teachers and a school district administrator with experience in mathematics and science curricula;
(2) three members from public post-secondary educational institutions with expertise in mathematics or science education;
(3) four members from the private sector, including the national laboratories, museums and science- and engineering-based businesses; and
(4) one member who represents the New Mexico partnership for mathematics and science education.
C. Members of the council shall elect a chair from among the membership. The council shall meet at the call of the chair not less than quarterly.
D. Members of the council are entitled to receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance.
History:
Laws 2007, ch. 44, § 4; 2007, ch. 239, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 44, § 4 and Laws 2007, ch. 239, § 4, both effective June 15, 2007, enacted duplicate laws, with the exception of the third sentence in Subsection A of Laws 2007, ch. 239, "Members shall serve until their successors have been appointed and qualified." The section was set out as enacted by Laws 2007, ch. 239, § 4.