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…

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…

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 …

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…

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

The state board [department] shall prescribe standards for all public schools in the state. A copy of these standards shall be furnished by the department to each local school board, local superintendent and school principal. The standards shall include standards for the followin…

A. Except as otherwise provided in this section, students shall be in school programs, exclusive of lunch, for a minimum of one thousand one hundred forty instructional hours per year, except half-day kindergarten, which shall have five hundred fifty instructional hours per year.…

alignment. High school curricula and end-of-course tests shall be aligned with the placement tests administered by two- and four-year public educational institutions in New Mexico. The department of education [public education department] shall collaborate with the commission on …

The department shall adopt and promulgate rules to establish a standardized alphabetic or numeric grading system based on the 4.0 scale or one hundred percent scale to be used by public schools, including charter schools, for grades three through twelve that is aligned with the N…

general educational development certificates [high school equivalency credentials]. The state identification number issued for each public school student pursuant to Section 22-2C-11 NMSA 1978 shall be included on each student's transcripts and on general educational development …

The department shall issue a high school equivalency credential to any candidate who is at least sixteen years of age and who has successfully completed the high school equivalency credential tests. History: Laws 1999, ch. 193, § 1; 2014, ch. 31, § 1; 2015, ch. 122, § 9.

The flag of the United States and the flag of the State of New Mexico shall be displayed in each classroom and on or within all public school buildings of this state according to the regulations adopted by the state board [department]. History: 1953 Comp., § 77-2-9, enacted by La…

Chapter 22, Article 2B NMSA 1978 may be cited as the "Regional Cooperative Education Act". History: Laws 1993, ch. 232, § 1; 2001, ch. 293, § 3.

As used in the Regional Cooperative Education Act: A. "council" means a regional education coordinating council; and B. "cooperative" means a regional education cooperative. History: Laws 1993, ch. 232, § 2; 2001, ch. 293, § 4.

A. The department may authorize the existence and operation of "regional education cooperatives". Upon authorization by the department, local school boards may join with other local school boards or other state-supported educational institutions to form cooperatives to provide ed…

membership. A. Subject to regulations adopted by the state board [department] , each cooperative shall be governed by a regional education coordinating council. B. Councils shall be composed of the superintendents or chief administrative officers of each local school district or …

A. Each council shall oversee the function and operation of a cooperative. At the direction of the council, the cooperative shall provide: (1) education-related services to members of the cooperative; (2) technical assistance and staff development opportunities to members of the …

professional development for school personnel. A. All cooperatives that want to provide technical assistance and professional development for teachers, educational assistants and other instructional support staff in the educational needs of culturally and linguistically diverse s…

Chapter 22, Article 2C NMSA 1978 may be cited as the "Assessment and Accountability Act". History: 1978 Comp., § 22-2A-1, enacted by Laws 2003, ch. 153, § 10; 2007, ch. 307, § 2; 2007, ch. 308, § 2; 2007, ch. 309, § 2.

A. The "schools in need of improvement fund" is created in the state treasury. The fund includes appropriations, federal allocations for the purposes of the fund, income from investment of the fund, gifts, grants and donations. Balances in the fund shall not revert to any other f…

survey; data system; fiscal information. A. The department shall: (1) issue a state identification number for each public school student for use in the accountability data system; (2) adopt the format for reporting individual student assessments to parents. The student assessment…

The student identification number required pursuant to Section 22-2C-11 NMSA 1978 shall be unique to each student and shall not be used or assigned to another student. That number shall be on all forms, student records, transcripts and databases in which a student is identified b…

By the end of the 2015 calendar year and each calendar year thereafter, the department shall report to the legislative education study committee the department's recommendations for proposed changes to laws to comport with any applicable federal requirements. History: Laws 2015, …

The purposes of the Assessment and Accountability Act are to comply with federal accountability requirements; to provide the means whereby parents, students, public schools and the public can assess the progress of students in learning and schools in teaching required academic co…

department powers and duties. A. The department shall adopt academic content and performance standards for grades one through twelve in the following areas: (1) mathematics; (2) reading and language arts; (3) science; and (4) social studies. B. The department may adopt content an…

indicators; required assessments; alternative assessments; limits on alternatives to English language reading assessments. A. The department shall establish a statewide assessment and accountability system that is aligned with the state academic content and performance standards.…

system. A. The department shall establish a readiness assessment system to measure the readiness of every New Mexico high school student for success in higher education or a career no later than the 2008-2009 school year. The department shall ensure that the readiness assessment …

performance. The department shall adopt the process and methodology for measuring students' academic performance. Academic performance shall be categorized by school and by the following subgroups: A. ethnicity; B. race; C. limited English proficiency; D. students with disabiliti…