reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 12 - Compulsory School Attendance (Repealed.) › Section 22-12-6 - Repealed.

History:
1953 Comp., § 77-10-6, enacted by Laws 1967, ch. 16, § 174; repealed by Laws 2007, ch. 307, § 11 and Laws 2007, ch. 308, § 11.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 307, § 11 and Laws 2007, ch. 308, § 11 repealed 22-12-6 NMSA 1978, as enacted by Laws 1967, ch. 16, § 174, relating to certificates of employment, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 12 - Compulsory School Attendance (Repealed.) › Section 22-12-7 - Repealed.

History:
1953 Comp., § 77-10-7, enacted by Laws 1967, ch. 16, § 175; 1975, ch. 332, § 4; 1981, ch. 7, § 2; 1986, ch. 33, § 28; 1987, ch. 222, § 1; 2004, ch. 28, § 3; 2006, ch. 94, § 43; 2009, ch. 193, § 2; repealed by Laws 2019, ch. 223, § 17.
ANNOTATIONS
Repeals. Laws 2019, ch. 223, § 17 repealed Section 22-12-7 NMSA 1978, as enacted by Laws 1967, ch. 16, § 175, relating to enforcement of attendance law, habitual truants, penalty, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 12 - Compulsory School Attendance (Repealed.) › Section 22-12-8 - Repealed.

History:
1978 Comp., § 22-12-8, enacted by Laws 1985, ch. 104, § 1; 2004, ch. 28, § 4; 2006, ch. 94, § 44; 2009, ch. 193, § 3; repealed by Laws 2019, ch. 223, § 17.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 223, § 17 repealed Section 22-12-8 NMSA 1978, as enacted by Laws 1985, ch. 104, § 1, relating to early identification, unexcused absences and truancy, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 12 - Compulsory School Attendance (Repealed.) › Section 22-12-9 - Repealed.

History:
Laws 2004, ch. 28, § 1; 2005, ch. 260, § 2; 2006, ch. 94, § 45; 2009, ch. 193, § 4; 2011, ch. 146, § 1; repealed by Laws 2019, ch. 223, § 17.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 223, § 17 repealed Section 22-12-9 NMSA 1978, as enacted by Laws 2004, ch. 28, § 1, relating to unexcused absences and truancy, attendance policies, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 12 - Compulsory School Attendance (Repealed.) › Section 22-12-10 - Repealed.

History:
Laws 2017, ch. 53, § 1 and Laws 2017, ch. 85, § 1; 2019, ch. 218, § 1; repealed by Laws 2019, ch. 223, § 17.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 223, § 17 repealed 22-12-10 NMSA 1978, as enacted by Laws 2017, ch. 53, § 1 and Laws 2017, ch. 85, § 1, relating to timely graduation and support for students who experience disruption in the student's education, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
Section 22-12-10 NMSA 1978 was also amended by Laws 2019, ch. 218, § 1, effective June 14, 2019. Pursuant to 12-1-8 NMSA 1978, Laws 2019, ch. 223, § 17, as the last act signed by the governor, was compiled. The provisions of Laws 2019, ch. 218, § 1, did not take effect.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 12A - Attendance for Success › Section 22-12A-1 - Short title.

Sections 1 through 14 [22-12A-1 to 22-12A-14 NMSA 1978] of this act may be cited as the "Attendance for Success Act".
History:
Laws 2019, ch. 223, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-3 - Right to education.

A school-age person in the state shall have a right to a free public education as follows:
A. except for a school-age person who is detained in a state or local detention center or enrolled or residing in a state institution, other than a school-age person provided for in Subsection C of this section, a school-age person has a right to attend public school within the school district in which the school-age person resides;
B. except as provided in Subsection C of this section, a state or local detention center or state institution in which a school-age person is detained, enrolled or residing shall be responsible for providing educational services for the school-age person; and
C. a school-age person who is a client as defined in Section 43-1-3 NMSA 1978 in a state institution under the authority of the secretary of human services shall have a right to attend public school in the school district in which the institution in which the school-age person is a client is located if the school-age person has been recommended for placement in a public school:
(1) by the educational appraisal and review committee of the school district in which the institution is located; or
(2) as a result of the appeal process as provided in the special education rules of the department.
History:
Laws 2019, ch. 223, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-4 - School attendance; responsibility; private school attendance policies.

A. Except as otherwise provided in the Public School Code, a school-age person shall attend public school, private school, home school or a state institution until the school-age person is at least eighteen years of age unless that school-age person has graduated from high school, received a high school equivalency credential or withdrawn from school on a hardship waiver. A parent may give written, signed permission for the school-age person to leave school between the ages of sixteen and eighteen in case of hardship approved by the local superintendent or private school.
B. A school-age person subject to the provisions of the Attendance for Success Act shall attend school for at least the length of time of the school year that is established in that school-age person's school district, charter school or private school. The school district or private school shall not excuse a school-age person from attending school except as provided in that act.
C. The parent of a school-age person subject to the provisions of the Attendance for Success Act is responsible for the school attendance of that school-age person.
D. Local school boards and private schools shall enforce the provisions of the Attendance for Success Act for students enrolled in their respective schools.
E. A private school in this state shall have an attendance policy that as closely as practicable follows the law for public schools. A school-age person attending a private school and the school-age person's parent shall be given a copy of the private school's attendance policy each year.
History:
Laws 2019, ch. 223, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-5 - Public school attendance.

A. Local school boards may admit as students school-age persons who do not live within the school district to the public schools within the school district when there are sufficient school accommodations to provide for them.
B. Local school boards may allow students to transfer to a public school outside the student's attendance zone but within the school district when there are sufficient school accommodations to provide for them.
C. Local school boards shall charge a tuition fee for the right to attend public school within the school district to those school-age persons who do not live within the state. The tuition fee shall not exceed the amount generated by the public school fund for a student similarly situated within the school district for the current school year.
D. When the parent of a student not living in the state pays an ad valorem property tax for school purposes within a school district, the amount of the tuition payable for the school year shall be reduced by the district average ad valorem tax per student as determined by the ad valorem tax credit used in calculating the state equalization guarantee distribution.
History:
Laws 2019, ch. 223, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-7 - Enforcement of Attendance for Success Act; district responsibilities; differentiation; district plan; additional support.

A. School districts shall differentiate public schools based on their chronic absence rates into no fewer than four categories.
B. School districts shall differentiate student subgroups based on their chronic absence rates into no fewer than four categories.
C. Using the differentiation scheme pursuant to Subsections A and B of this section, a school district shall develop attendance improvement plans that include the following elements:
(1) specific school district supports and resources available to public schools at each level to further the implementation of their attendance improvement plans;
(2) attendance improvement targets for public schools or subpopulations with chronic absence rates of ten percent or greater, developed in collaboration with each public school; and
(3) an attendance improvement target for school districts with chronic absence rates of ten percent or greater.
D. Each school district shall report its attendance improvement plan to the department no later than forty-five days after the beginning of the school year. The department may allow a school district to report its attendance improvement plan as part of the educational plan for student success.
E. At the end of each school year, each school district shall report to the local school board and to the public on the school district's website, the progress made on its attendance improvement plan, to include:
(1) a description of the supports and resources provided to public schools at each tier of the attendance improvement plan;
(2) the extent to which public schools with chronic absence rates greater than ten percent achieved their attendance improvement targets;
(3) the extent to which the school district achieved its attendance improvement targets;
(4) barriers and challenges to reducing chronic absence rates, as reported by the public school and school district personnel;
(5) effective school-based practices, as evidenced by decreased chronic absence rates; and
(6) recommendations for improvement during the next school year at both the public school and school district level.
F. Attendance teams may be formed in whole or in part from preexisting groups or teams within a public school or may be formed for the explicit purpose of improving school attendance. School districts shall reserve time for school personnel to collaborate as an attendance team.
G. School districts shall provide support and guidance to attendance teams on transportation and school scheduling options when these are identified as barriers to school attendance.
History:
Laws 2019, ch. 223, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-9 - Medical appointments; illness; special situations; make-up work.

A. A student may be excused for parent- or doctor-authorized medical reasons. A public school shall provide time for the student to make up the school work missed during the absence.
B. A school district shall maintain an attendance policy that:
(1) provides at least ten days of medical absences during the school year for a student who provides documentation of the birth of the student's child, and the public school shall provide time for the student to make up the school work missed during the absence; and
(2) provides four days of excused absences for a student who provides appropriate documentation of pregnancy or that the student is the parent of a child under the age of thirteen needing care, and the public school shall provide time for the student to make up the school work missed during the absence.
C. A school district that has an alternative public school for, among others, pregnant and parenting students and that allows for off-site attendance through online education shall not count students as absent as long as the students are online with the public school or other appropriate virtual course and complete their class assignments.
D. A student may, subject to the approval of the school principal, be absent from school to participate in religious instruction for not more than one class period per school day with the written consent of the student's parent at a time that is not in conflict with the academic program of the school. The public school shall provide time for the student to make up the school work missed during the absence. The school district or the public school shall not assume responsibility for the religious instruction of any student or permit religious instruction to be conducted on school property.
E. A public school student, with the written consent of the student's parent and subject to the approval of the school principal, may be absent from school to participate in tribal obligations. The public school shall provide time for the student to make up the school work missed during the absence.
History:
Laws 2019, ch. 223, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-10 - Interscholastic extracurricular activities; student participation.

A. A public school student shall have at least a 2.0 grade point average on a 4.0 scale, or its equivalent, either cumulatively or for the grading period immediately preceding participation, to be eligible to participate in any interscholastic extracurricular activity. For purposes of this section, "grading period" is a period of time not less than six weeks. The provisions of this subsection shall not apply to students receiving C or D level special education services.
B. A student shall not be absent from school for interscholastic extracurricular activities in excess of fifteen days per semester, and no class shall be missed in excess of fifteen times per semester for interscholastic extracurricular activities.
C. The secretary may issue a waiver relating to the number of absences for participation in any state or national competition that is not an interscholastic extracurricular activity. The secretary shall develop a procedure for petitioning cumulative provision eligibility cases, similar to other eligibility situations.
D. Student standards for participation in interscholastic extracurricular activities shall be applied beginning with a student's academic record in ninth grade.
History:
2019, ch. 223, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-11 - Progressive interventions for absent, chronically absent and excessively absent students.

A. A public school shall provide interventions for students who are missing school, depending on the number of absences. The process for notification and interventions is:
(1) for a student who has been identified as in need of individualized prevention, the attendance team shall:
(a) for an elementary student, talk to the parent and inform the parent of the student's attendance history, the impact of student absences on student academic outcomes, the interventions or services available to the student or family and the consequences of further absences, which may include referral to the children, youth and families department for excessive absenteeism; and
(b) for a middle or high school student, talk to the parent and the student about the student's attendance history and the impact of student absences on student academic outcomes, interventions or services available to the student or family and the consequences of further absences, which may include referral to the children, youth and families department for excessive absenteeism;
(2) for a student who has been identified as in need of early intervention, the attendance team shall notify the parent in writing by mail or personal service on the parent of the student's absenteeism. The notice shall include a date, time and place for the parent to meet with the public school to develop intervention strategies that focus on keeping the student in an educational setting. The attendance team shall be convened to establish a specific intervention plan for the student that includes establishing weekly progress monitoring and a contract for attendance; and
(3) for a student who has been identified as in need of intensive support, the attendance team shall:
(a) give written notice to the parent, including a date, time and place for the parent to meet with the school principal and the attendance team;
(b) establish nonpunitive consequences at the school level;
(c) identify appropriate specialized supports that may be needed to help the student address the underlying causes of excessive absenteeism; and
(d) apprise the student and the parent of the consequences of further absences.
B. The school principal shall consult with a student's teacher and initiate meetings with the teacher, the student and the parent if the alleged cause of absence from class is teacher-student incompatibility.
History:
2019, ch. 223, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-12 - Excessive absenteeism; enforcement.

A. Each local school board and each governing body of a charter school or private school shall initiate the enforcement of the provisions of the Attendance for Success Act for excessively absent students.
B. If unexcused absences continue after written notice of excessive absenteeism as provided in Section 11 [22-12A-11 NMSA 1978] of the Attendance for Success Act, the local school board or governing body of a charter school or private school, after consultation with the local superintendent or head administrator of a charter school or private school, shall report the excessively absent student to the probation services office of the judicial district in which the student resides for an investigation as to whether the student should be considered to be a neglected child or a child in a family in need of family services because of excessive absenteeism and, thus, subject to the provisions of the Children's Code. The record of the public school's interventions and the student's and parent's responses to the interventions shall be provided to the juvenile probation services office. The local superintendent or head administrator of a charter school or private school shall provide the documentation to the juvenile probation services office within ten business days of the student being identified as excessively absent.
C. If the juvenile probation services office determines that the student is a child in a family in need of family services, a caseworker from the child or family in need of family services program shall meet with the family at the public school in which the student is enrolled to determine if there are other intervention services that may be provided. The meeting shall involve the school principal or other school personnel and, unless the parent objects in writing, appropriate community partners that provide services to children and families. The children, youth and families department shall determine if additional interventions, including monitoring, will positively affect the student's behavior.
History:
2019, ch. 223, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 12A - Attendance for Success › Section 22-12A-13 - Reporting requirements.

A. For each reporting date and at the end of the year, each school district shall report:
(1) the total number of days missed for excused and unexcused absences for each student in each public school, the total number of days each student was enrolled and in which tier each student with absences fell during the reporting period, along with the student's demographics; and
(2) the number of students at each public school who were referred to the children, youth and families department because of excessive absences, in the aggregate and disaggregated by subgroups.
B. The department shall compile a report by public school and school district that includes:
(1) the total number and percent of students who were in each tier of chronic absenteeism or were excessively absent at each public school and school district in the aggregate for each public school and school district and disaggregated by subgroups;
(2) the average number of excused and unexcused absences per student for all students and subgroups, not including interscholastic extracurricular activities; and
(3) a calculated chronic absenteeism rate for the school district for all students and for each subgroup.
History:
2019, ch. 223, § 13.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 223 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 13 - Courses of Instruction and School Programs › Section 22-13-1.2 - High school curricula and end-of-course tests; alignment.

High school curricula and end-of-course tests shall be aligned with the placement tests administered by two- and four-year public post-secondary eductional [educational] institutions in New Mexico. The department shall collaborate with the commission on higher education in aligning high school curricula and end-of-course tests with the placement tests.
History:
1978 Comp., § 22-13-1.2, enacted by Laws 2003, ch. 153, § 59.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Emergency clauses.
— Laws 2003, ch. 153, § 74 made the act effective immediately. Approved April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-1.3 - Reading initiative; design.

A. The department shall design and implement a statewide reading initiative to improve reading proficiency in the state. The design of the reading initiative shall be based upon quality, scientifically based reading research that has been shown to improve reading proficiency and shall include the following:
(1) consistent assessment and evaluation of student reading levels;
(2) appropriate professional staff development to assist licensed school employees in the instruction of reading;
(3) extra time in the student's day or year for implementation of reading programs;
(4) rewards provided to teachers and other applicable licensed school employees in public schools that improve student reading proficiency; and
(5) criteria for public schools to establish an individualized reading plan for students who fail to meet grade level reading proficiency standards.
B. The department shall use national experts to work with the department to develop an immediate reading initiative and a long-term plan for sustained reading improvement.
C. The department shall involve school district personnel, especially licensed elementary reading specialists, parents and other interested persons in the design of the reading initiative.
History:
Laws 2000 (2nd S.S.), ch. 14, § 1; 2001, ch. 289, § 1; 1978 Comp., § 22-2-6.11, recompiled and amended as § 22-13-1.3 by Laws 2003, ch. 153, § 60.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 60 recompiled and amended former 22-2-6.11 NMSA 1978 as 22-13-1.3 NMSA 1978, effective April 4, 2003.
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
The 2003 amendment,
effective April 4, 2003, deleted "of education" following "the department" throughout the section; substituted "scientifically based reading research that has been" for "research based reading programs" following "based upon quality," near the middle of Subsection A; substituted "licensed school employees" for "classroom certified instructional staff" following "staff development" near the beginning of Subsection A(2); substituted "teachers and other applicable licensed school employees" for "certified school instructors" following "provided to" near the beginning of Subsection A(4); and substituted "licensed" for "certified" following "especially" near the middle of Subsection C.
The 2001 amendment,
effective June 15, 2001, substituted "The department of education" for "The state department of public education" in Subsections A, B and C; added Paragraph A(5); and deleted "local" preceding "school district personnel" in Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-1.4 - Honors or similar classes in mathematics and language arts; dual credit courses; languages other than English.

A. Beginning with the 2006-2007 school year, each school district shall offer at least one honors or similar academically rigorous class each in mathematics and language arts in each high school.
B. Beginning in the 2008-2009 school year, each school district shall also offer a program of courses for dual-credit, in cooperation with an institution of higher education, and a program of distance learning courses.
C. Beginning with the 2009-2010 school year, each school district shall offer at least two years of a language other than English in each high school.
History:
Laws 2005, ch. 78, § 1; 2007, ch. 307, § 9; 2007, ch. 308, § 9.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, added Subsections B and C. Laws 2007, ch. 307, § 9 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 308, § 9.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-1.5 - Core curriculum framework; purpose; curriculum.

A. School districts and charter schools may create core curriculum frameworks to provide high quality curricula in kindergarten through grade six to prepare students for pre-advanced placement and advanced placement coursework in grades seven through twelve.
B. The framework shall include:
(1) a curriculum that is aligned with state academic content and performance standards that is challenging, specific as to content and sequential from grade to grade, similar to a core curriculum sequence;
(2) in-depth professional development for teachers that includes vertical teaming in content areas; and
(3) content, materials and instructional strategies or methodologies that current research demonstrates are likely to lead to improved student achievement in pre-advanced placement and advanced placement coursework in grades seven through twelve.
C. The framework may be selected from previously developed curricula or may be developed by the school district or charter school.
D. A school district or charter school that meets department eligibility requirements may apply to the department for support of its core curriculum framework. Applications shall be in the form prescribed by the department and shall include the following information:
(1) a statement of need;
(2) goals and expected outcomes of the framework;
(3) a detailed description of the curriculum to be implemented;
(4) a detailed work plan and budget for the framework;
(5) documentation of the research upon which the anticipated success of the framework is based;
(6) a description of any partnership proposed to implement the framework, supported by letters of commitment from the partner;
(7) an evaluation plan; and
(8) any other information that the department requires.
E. The department shall award grants within ninety days of the deadline for receipt of grant applications.
F. The department shall adopt and promulgate rules to implement the provisions of this section.
History:
Laws 2005, ch. 300, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 300 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-1.6 - Uniform grade and subject curricula; professional department [development].

A. Each school district shall align its curricula to meet the state standards for each grade level and subject area so that students who transfer between public schools within the school district receive the same educational opportunity within the same grade or subject area.
B. Each school district's aligned grade level and subject area curricula shall be in place as follows:
(1) for mathematics, by the 2008-2009 school year; and
(2) for language arts and science, by the 2009-2010 school year.
C. Professional development relating to curricula for classroom teachers and educational assistants shall be aligned with state standards by each school district.
History:
Laws 2007, ch. 178, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 2007, ch. contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-1.7 - Elementary physical education.

A. As used in this section:
(1) "eligible students" means students in kindergarten through grade six in a public school classified by the department as an elementary school; and
(2) "physical education" includes programs of education through which students participate in activities related to fitness education and assessment; active games and sports; and development of physical capabilities such as motor skills, strength and coordination.
B. Elementary physical education programs that serve eligible students are eligible for funding if those programs meet academic content and performance standards for elementary physical education programs.
C. In granting approval for funding of elementary physical education programs, the department shall provide that programs are first implemented in public schools that have the highest proportion of students most in need based on the percentage of students eligible for free or reduced-fee lunch or grade-level schools that serve an entire school district and in public schools with available space. If the department determines that an elementary physical education program is not meeting the academic content and performance standards for elementary physical education programs, the department shall notify the school district that the public school's failure to meet the academic content and performance standards will result in the cessation of funding for the following school year. The department shall compile the program results submitted by the school districts each year and make an annual report to the legislative education study committee and the legislature.
D. An elementary physical education program that receives state financial support shall:
(1) provide for the physical education needs of students defined in this section; and
(2) use teachers with a license endorsement for physical education. The department shall annually determine the programs and the consequent number of students in elementary physical education that will receive state financial support in accordance with funding available in each school year.
History:
Laws 2007, ch. 348, § 3; 2017, ch. 65, § 2.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, removed the requirement that public schools submit an elementary physical education program plan to the public education department; in Subsection D, deleted "As they become eligible for elementary physical education program funding, public schools shall submit to the department their elementary physical education program plans that meet academic content and performance standards and other guidelines of the department. At a minimum, the plan shall include the elementary physical education program being taught and an evaluation component. To be eligible for state financial support, an elementary physical education program" and added "An elementary physical education program that receives state financial support"; and added the language from former Subsection E to Subsection D.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3 - Early childhood education programs required.

A. In accordance with state board [department] regulations, every local school board shall establish and conduct early childhood education programs.
B. The state board [department] shall adopt and promulgate regulations providing for:
(1) minimum standards for the conduct of early childhood education programs; and
(2) qualifications of any person teaching in those programs.
C. The cost of operating early childhood education programs shall be included in the budget prepared for the school district.
D. As used in this section, "early childhood education programs" means kindergarten programs for every child who has attained his fifth birthday prior to September 1 of the school year, except for those children who are eligible for and participating in federal headstart programs in any class B county with a population in excess of ninety-five thousand, established by a local school board for the development or enrichment of persons within the school district.
E. The provisions of this section shall be effective with the 1988-89 school year, and waivers may be granted upon the request of the parent or legal guardian pursuant to Section 22-12-2 NMSA 1978.
History:
1953 Comp., § 77-11-2, enacted by Laws 1967, ch. 16, § 181; reenacted by 1973, ch. 357, § 1; 1974, ch. 8, § 20; 1977, ch. 2, § 2; 1986, ch. 33, § 29; 1987, ch. 320, § 6; 1988, ch. 35, § 1; 1993, ch. 226, § 29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, deleted "and may provide transportation for students attending those programs" at the end of Subsection A.
The 1988 amendment,
effective May 18, 1988, inserted "except for those children who are eligible for and participating in federal headstart programs in any class B county with a population in excess of ninety-five thousand" in Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 C.J.S. Schools and School Districts § 484.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3.1 - Even start family literacy program; created; guidelines; benchmarks, performance standards and evaluations.

A. The "even start family literacy program" is created in the department to provide funding for preschool reading readiness and parenting education. The purpose of the program is to support the educational and developmental needs of students in preschool; address cultural diversity; and provide family support that leads to improved literacy, improved ability for students to succeed in school and economic self-sufficiency. Priority for funding shall be provided to those public schools that have the highest proportion of limited English proficient students, students living in poverty and Native American students.
B. The department shall develop even start family literacy program benchmarks and performance standards, guidelines for program approval and funding approval criteria. The department shall disseminate the program information in all public schools and shall provide technical assistance to public schools in developing proposals.
C. The department shall distribute money to public schools with approved even start family literacy programs that meet the specified criteria based upon actual program costs to ensure the implementation of performance based budgeting measures.
History:
Laws 2001, ch. 168, § 1; 2017, ch. 65, § 3.
ANNOTATIONS
Cross references.
— For the legislative education study committee,
see
2-10-1 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, removed the requirement that public schools that receive even start family literacy program funds report to the public education department the results of the program, and removed certain duties of the public education department related to the even start family literacy program; after each occurrence of "department", deleted "of education"; and deleted Subsections D through F.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3.3 - Short title.

Sections 1 through 5 [22-13-3.3 to 22-13-3.7 NMSA 1978] of this act may be cited as the "Literacy For Children At Risk Act".
History:
Laws 1989, ch. 113, § 1; 1978 Comp., § 22A-1-1, recompiled as § 22-13-3.3 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22A-1-1 NMSA 1978 as 22-13-3.3 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3.4 - Purpose.

The purpose of the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978] is to promote greater literacy among children.
History:
Laws 1989, ch. 113, § 2; 1978 Comp., § 22A-1-2, recompiled as § 22-13-3.4 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22A-1-2 NMSA 1978 as 22-13-3.4 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3.5 - Definitions.

As used in the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978]:
A. "child at risk" means a child who attends public school in New Mexico and whose reading, writing or math literacy level, as determined by his school district, falls in the forty-ninth percentile or lower; and
B. "department" means the state department of public education.
History:
Laws 1989, ch. 113, § 3; 1978 Comp., § 22A-1-3, recompiled as § 22-13-3.5 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22A-1-3 NMSA 1978 as 22-13-3.5 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3.6 - Literacy for children at risk fund created; administration of fund.

A. There is created in the state treasury a fund that shall be designated as the "literacy for children at risk fund" that shall be used to set up learning laboratories for the purpose of improving the reading, writing or math literacy level of any child at risk.
B. The literacy for children at risk fund shall be eligible to receive funds from sources that include, but are not limited to, the following:
(1) appropriations;
(2) grants, public and private; and
(3) gifts, public and private.
All funds received by the department for the literacy for children at risk fund shall be used only to carry out the purposes of the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978].
History:
Laws 1989, ch. 113, § 4; 1978 Comp. § 22A-1-4, recompiled as § 22-13-3.6 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22A-1-4 NMSA 1978 as 22-13-3.6 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-3.7 - Disbursement of funds; approved projects.

A. Any school district or state-chartered charter school may apply for a grant from the literacy for children at risk fund for the purpose of acquiring, equipping and staffing a learning laboratory.
B. The department shall adopt rules setting forth the criteria that a school district or state-chartered charter school shall meet in order to qualify for a grant from the literacy for children at risk fund. The criteria to qualify for a grant shall include, but are not limited to, the following:
(1) the learning laboratory shall improve the reading, writing or math literacy levels of children at risk by at least one grade level per year, as demonstrated to the department's satisfaction;
(2) the learning laboratory shall encompass the teaching of children in kindergarten through grade twelve who are reading below grade level;
(3) the learning laboratory shall have reading diagnostic capabilities; and
(4) the learning laboratory shall have the capability to self-monitor the performance of both the learning laboratory and the children at risk using the laboratory.
C. The amount of any grant awarded under Subsections A and B of this section shall be equal to eighty percent of the total cost of acquiring, equipping and staffing a learning laboratory. Any grant awarded is contingent upon the qualifying school district or state-chartered charter school demonstrating to the department's satisfaction that it can pay for twenty percent of the total cost of the learning laboratory.
D. Any school district or state-chartered charter school that establishes a learning laboratory under this section may use the laboratory for any other reading, writing or math literacy program when it is not in use for the purposes of the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978].
E. The department, after approving the application of a school district or state-chartered charter school to receive a grant under the Literacy For Children At Risk Act, shall authorize a disbursement of funds, in an amount equal to the grant, from the literacy for children at risk fund directly to the approved school district or charter school.
History:
Laws 1989, ch. 113, § 5; 1978 Comp. § 22A-1-4, recompiled as § 22-13-3.7 by Laws 2003, ch. 153, § 72; 2006, ch. 94, § 46.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22A-1-4 NMSA 1978 as 22-13-3.7 NMSA 1978, effective April 4, 2003.
The 2006 amendment,
effective July 1, 2007, added state-chartered charter schools in Subsections A through E.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 22-13-6.1 - Gifted children; determination.

A. The department shall adopt standards pertaining to the determination of who is a gifted child and shall publish those standards as part of the educational standards for New Mexico schools.
B. In adopting standards to determine who is a gifted child, the department shall provide for the evaluation of selected school-age children by multidisciplinary teams from each child's school district. That team shall be vested with the authority to designate a child as gifted. The team shall consider information regarding a child's cultural and linguistic background and socioeconomic background in the identification, referral and evaluation process. The team also shall consider any disabling condition in the identification, referral and evaluation process.
C. Each school district offering a gifted education program shall create one or more advisory committees of parents, community members, students and school staff members. The school district may create as many advisory committees as there are high schools in the district or may create a single districtwide advisory committee. The membership of each advisory committee shall reflect the cultural diversity of the enrollment of the school district or the schools the committee advises. The advisory committee shall regularly review the goals and priorities of the gifted program, including the operational plans for student identification, evaluation, placement and service delivery and shall demonstrate support for the gifted program.
D. In determining whether a child is gifted, the multidisciplinary team shall consider diagnostic or other evidence of the child's:
(1) creativity or divergent-thinking ability;
(2) critical-thinking or problem-solving ability;
(3) intelligence; and
(4) achievement.
History:
1978 Comp., § 22-13-6.1, enacted by Laws 1994, ch. 25, § 2; 2005, ch. 25, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, allowed each school district to create a single district-wide gifted education program advisory committees or as many committees as there are high schools in the district and provided that each committee shall reflect the cultural diversity of the enrollment of the district of the schools the committee advises.