Chapter 22 — Chapter 22

Chapter 22 NMSA 1978 [except Article 5A] may be cited as the "Public School Code". History: 1953 Comp., § 77-1-1, enacted by Laws 1967, ch. 16, § 1; 1977, ch. 246, § 59; 2003, ch. 153, § 1.

A. The legislature finds that, although New Mexico has been in the forefront of educational reforms in many areas, additional improvements are necessary to enhance and upgrade the delivery of quality education in New Mexico. B. The legislature further finds that enhancement of th…

A. The legislature finds that no education system can be sufficient for the education of all children unless it is founded on the sound principle that every child can learn and succeed and that the system must meet the needs of all children by recognizing that student success for…

The legislature finds that funding constraints require school districts to have financial flexibility to meet decreased state support. For the 2016-2017 through 2018-2019 school years, the secretary may waive requirements of the Public School Code and rules promulgated in accorda…

A. As used in this section: (1) "council" means the data system council; (2) "data system" means the unified pre-kindergarten through post-graduate education accountability data system; (3) "data system partners" means the public education department and the higher education depa…

A. A "career technical education pilot project" is created as a seven-year pilot project administered by the department to fund high-quality career technical education programs and monitor their effect on student outcomes, including achievement scores, academic growth, remediatio…

The "career technical education fund" is created as a nonreverting fund in the state treasury until the end of the pilot project. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to t…

outreach. A. As of July 1, 2021, a student shall not enroll in school unless the student has provided, in accordance with protocols established by the department: (1) satisfactory evidence of having undergone a dental examination that meets standards established pursuant to depar…

A. Menstrual products shall be provided at no charge to students in: (1) each women's bathroom and gender-neutral bathroom and at least one men's bathroom in every public middle school, junior high school, secondary school and high school; and (2) at least one women's bathroom, o…

A. Each local school board and governing body of a charter school shall develop or adopt digital or written guidance for parents that promotes student safety in, on and around bodies of water and water infrastructure, including information about local options for age-appropriate …

device by students. A. As used in this section, "wireless communication device" means a portable electronic device capable of transmitting voice, text or data, including a: (1) cellular phone, smartphone or smartwatch; (2) tablet computer; (3) laptop computer; or (4) gaming devic…

As used in the Public School Code: A. "academic proficiency" means mastery of the subject-matter knowledge and skills specified in state academic content and performance standards for a student's grade level; B. "charter school" means a school authorized by a chartering authority…

Any person operating or intending to operate a home school shall: A. submit a home school registration form made available by the department and posted on the department's web site to notify the department within thirty days of the establishment of the home school and to notify t…

As used in the Public School Code: A. "elementary school" means a public school providing instruction for grades kindergarten through eight, unless there is a junior high school program approved by the state board [department], in which case it means a public school providing ins…

open enrollment. A. Except as provided by Section 24-5-2 NMSA 1978, and except as provided in Subsection H of this section, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its…

ANNOTATIONS Recompilations. — Laws 1986, ch. 33, § 10 recompiled 22-1-5 NMSA 1978, relating to school employees, reporting drug and alcohol use, and release from liability, as 22-5- 4.4 NMSA 1978, effective May 21, 1986.

History: Laws 1989, ch. 308, § 1; 1990 (1st S.S.), ch. 4, § 3; 1991, ch. 238, § 1; 1997, ch. 40, § 1; 1997, ch. 261, § 1; 1999, ch. 210, § 1; 2001, ch. 313, § 1; repealed by Laws 2003, ch. 153, § 73.

History: Laws 2003, ch. 18, § 1; repealed by Laws 2004, ch. 27, § 29.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 54 recompiled and amended 22-1-7 NMSA 1978 as 22-10A-33 NMSA 1978, effective April 4, 2003. Laws 2017, ch. 65, § 4 repealed 22-10A-33 NMSA 1978, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 o…

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 72 recompiled former 22-1-8 NMSA 1978, as 22-21-2 NMSA 1978, effective April 4, 2003.

A. A New Mexico resident high school student who is required to move out of state because the student's parent is a member of the New Mexico national guard or a branch of the armed forces of the United States and the parent is transferred to an out- of-state location may receive …

and biliterate graduates. A. The state seal of bilingualism-biliteracy on a New Mexico diploma of excellence certifies that the recipient is proficient for meaningful use in college, a career or to meet a local community language need in a world language other than English. The g…

The department shall authorize a diploma program that results in a diploma award by the department for adults who have not graduated from high school but who want a program that: A. documents their educational attainment through college and career readiness standards; B. assesses…

A. The secretary is the governing authority and shall have control, management and direction of all public schools, except as otherwise provided by law. B. The department may: (1) adopt, promulgate and enforce rules to exercise its authority and the authority of the secretary; (2…

The findings of any educational research study made with public money shall be reported to the legislature or any of its committees upon request of the legislature or any of its committees. The legislature or any of its committees may require quarterly or more frequent progress r…

History: 1953 Comp., § 77-2-11, enacted by Laws 1975 (1st S.S.), ch. 8, § 1; repealed by Laws 2003, ch. 151, § 9.

History: 1953 Comp., § 77-2-12, enacted by Laws 1975 (1st S.S.), ch. 8, § 2; repealed by Laws 2003, ch. 151, § 9.

History: 1953 Comp., § 77-2-13, enacted by Laws 1975 (1st S.S.), ch. 8, § 3; repealed by Laws 2003, ch. 151, § 9.

procedures. A. Money budgeted by a school district shall be spent first to attain and maintain the requirements for a school district as prescribed by law and by standards and rules as prescribed by the department. The department shall give written notification to a local school …

History: 1953 Comp., § 77-6-10.1, enacted by Laws 1969, ch. 180, § 8; reenacted by 1978, ch. 129, § 2; 1999, ch. 265, § 32; repealed by Laws 2004, ch. 27, § 29.

The state superintendent [secretary] shall report all actions taken under provisions of Sections 22-2-14 and 22-2-15 [repealed] NMSA 1978 to the legislative school study committee. The state superintendent and director shall report all actions taken under provisions of Section 22…

History: Laws 1993, ch. 168, § 1; repealed by Laws 2003, ch. 153, § 73.

ANNOTATIONS Repeals. — Laws 2003, ch. 153, § 73 repealed 22-2-18 NMSA 1978, as enacted by Laws 1993, ch. 168, § 2, relating to development of a program to provide alternative opportunities to at-risk students, effective April 4, 2003. For provisions of former section, see the 200…

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 72 recompiles former 22-2-19 NMSA 1978, as 22-13-3.2 NMSA 1978, effective April 4, 2003.

The department shall: A. properly and uniformly enforce the provisions of the Public School Code [Chapter 22 [except Article 5A] NMSA 1978]; B. determine policy for the operation of all public schools and vocational education programs in the state, including vocational programs t…

requirements. A. The department shall approve all reasonable requests to waive the following for all public schools that exceed educational standards as determined by the department: (1) accreditation review requirements as provided in Section 22-2-2 NMSA 1978; (2) the length of …

A. The commission shall work with the department to develop the five-year strategic plan for public elementary and secondary education in the state. The strategic plan shall be updated at least biennially. The commission shall solicit the input of persons who have an interest in …

consultations with tribal leaders and members and families of students. A. Whenever the department is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school. B. Con…

History: Laws 2003, ch. 130, § 1; 2006, ch. 57, § 1; repealed by Laws 2017, ch. 19, § 2.

History: Laws 2011, ch. 50, § 1; 2013, ch. 178, § 1; 2015, ch. 108, § 2; repealed by Laws 2019, ch. 181, § 6.

History: Laws 2014, ch. 74, § 1; recompiled as 22-16-12 by compiler.

History: 1953 Comp., § 77-2-3, enacted by Laws 1967, ch. 16, § 6; repealed by Laws 2004, ch. 27, § 29.

History: 1953 Comp., § 77-2-4, enacted by Laws 1967, ch. 16, § 7; 1969, ch. 4, § 1; repealed by Laws 2004, ch. 27, § 29.

History: 1953 Comp., § 77-2-5, enacted by Laws 1967, ch. 16, § 8; repealed by Laws 2004, ch. 27, § 29.

History: 1953 Comp., § 77-2-6, enacted by Laws 1967, ch. 16, § 9; 1978, ch. 211, § 9; 2003, ch. 153, § 6; repealed by Laws 2004, ch. 27, § 29.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 72 recompiled 22-2-6.1 NMSA 1978 as 22- 29-1 NMSA 1978, effective April 4, 2003.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 72 recompiled 22-2-6.10 NMSA 1978 as 22- 29-10 NMSA 1978, effective April 4, 2003.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 60 recompiled and amended 22-2-6.11 NMSA 1978 as 22-13-1.3 NMSA 1978, effective April 4, 2003.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 30 recompiled and amended 22-2-6.12 NMSA 1978 as 22-8-43 NMSA 1978, effective April 4, 2003.

ANNOTATIONS Recompilations. — Laws 2003, ch. 153, § 72 recompiled 22-2-6.2 NMSA 1978 as 22- 29-2 NMSA 1978, effective April 4, 2003.