Chapter 22, Chapter 22

information-sharing agreements. A. The department shall calculate a family income index for each public school, using the following information: (1) the department shall obtain family income information sufficient to identify the total number of households in each public school i…

income index funds; allocations to eligible public schools. A. Except as provided in Subsection E of this section, each year, to determine the number of public schools that are eligible for family income index allocations through their respective school districts, the department …

A. Except as provided in Subsection B of this section, a public school shall use its family income index allocation on any of the following: (1) evidence-based, structured literacy interventions that have been shown to improve reading and writing achievement of students; (2) evid…

school; distributions; reporting. A. A school district shall establish, within its department-approved educational plan, the interventions identified in Section 5 [22-8F-5 NMSA 1978] of the Family Income Index Act that will be used in each of its eligible public schools. Each sch…

A. Whenever required by any act of congress authorizing federal aid to education or any rules issued pursuant thereto: (1) the state superintendent [secretary] shall make reports with respect to expenditure of funds received and progress of education generally, progress of adult …

labor standards.] In the event that the state shall accept any provision of any such act of congress which authorizes and grants aid in the construction of school facilities, the superintendent of public instruction [secretary] shall, by contract or otherwise, enforce labor stand…

and library service. The superintendent of public instruction [secretary] shall transmit to the proper federal agency designated in any act of congress authorizing federal aid to education, official notice of acceptance of any parts and titles of the act and transmit therewith ce…

for administration of federal aid to education.] The superintendent of public instruction [secretary] is hereby designated as the sole agency of the state of New Mexico for the administration of any and all plans which may be established or funds which may be available to the sta…

obligations; purposes for which payments may be used.] Said superintendent [secretary] shall, as required or necessary for such eligibility, set forth and promulgate standards and procedures, conforming to federal requirements, for determining eligibility of local educational age…

prescribed by superintendent.] Said superintendent [secretary] shall provide and require such accounting, budgeting and other fiscal methods and procedures as are necessary for the proper and efficient administration of such federal plan or plans. History: 1953 Comp., § 73-6-37.3…

Said superintendent [secretary] shall provide for the making of such reports, in such form and containing such information as the federal government or its designated agent may from time to time reasonably require to carry out the provisions of applicable legislation, and for com…

The department shall be the sole educational agency of the state for the administration or for the supervision of the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid for education, school construction or…

Whenever the department is the sole educational agency of the state pursuant to the provisions of Section 22-9-2 NMSA 1978, it may: A. enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statute; B. establish a state plan, i…

Federal funds, gifts or grants relating to aid for education, school construction or school breakfast or lunch programs may be accepted by the state only if supervision and control of courses of instruction and the personnel of public schools is reserved to the state or its local…

A. The state treasurer shall be the custodian of all funds received by the state by virtue of a federal statute, gift or grant relating to aid for education, school construction or school breakfast or lunch programs. The state treasurer shall hold these funds in separate accounts…

plan. For purposes of receiving federal grants pursuant to Section 842 of Public Law 93- 380, Assistance to States for State Equalization Plans, the state department of public education [department] is designated the state agency and is authorized to submit a state plan to the Un…

The state treasurer is the trustee for all funds apportioned to the state under any act of congress and he is directed to enter into agreements with, and to comply with the rules and regulations of, such agencies of the federal government as are necessary to procure for the state…

administration. The superintendent of public instruction [secretary] shall be the state educational authority to represent the state in administration of any funds received under any act of congress to authorize grants to states in aid of education other than grants for aid to ru…

Whenever, under any act of the congress of the United States, federal aid to education is made available to the states: A. the superintendent of public instruction [secretary] shall: (1) enter into any agreements with the proper federal agency or agencies necessary to procure for…

Chapter 22, Article 10A NMSA 1978 may be cited as the "School Personnel Act". History: 1953 Comp., § 77-8-1, enacted by Laws 1975, ch. 306, § 1; 1991, ch. 187, § 2; 1978 Comp., § 22-10-1, recompiled and amended as § 22-10A-1 by Laws 2003, ch. 153, § 33.

A. A level two license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates essential competency to teach. If a level two teacher does not demonstrate essential competency in a given school year, the school district…

A. A level two license is a nine-year license granted to a nurse who: (1) has demonstrated satisfactory progress and competency as a level one school nurse; or (2) has at least three years of registered nursing experience satisfactory to the department. B. If a level two school n…

A. A level three-A license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates instructional leader competencies. If a level three-A teacher does not demonstrate essential competency in a given school year, the sch…

A. At the end of an internship of at least one full school year, the department may issue an alternative level two license to a person who is at least eighteen years of age and who has a post-baccalaureate degree and at least five years' experience teaching at the post-secondary …

site administrators or superintendents. The department may establish new licensure requirements for school administrators who are not licensed as site administrators or superintendents. History: 1978 Comp., § 22-10A-11.10, enacted by Laws 2025, ch. 148, § 9.

A. A level three license is a nine-year license granted to a nurse who meets the qualifications for that level. If a level three school nurse does not demonstrate essential nursing competency in a given school year, the school district or charter school shall provide the school n…

licensure assessment; saving provision. A. A person who has a degree from an accredited teacher education program and who is deaf or hard of hearing may elect to demonstrate competency for a level one, two or three license through a portfolio assessment in lieu of all or part of …

principals. (Repealed effective July 1, 2029.) A. A school district that has a shortage of qualified school principal candidates may request that the department issue a provisional three-B license to a level two teacher whom the school district believes has the potential to be an…

school administrator licensure. (Repealed effective July 1, 2029.) A. A level three-B administrator's license is a five-year license granted to an applicant who meets the qualifications for that license. Licenses may be renewed upon satisfactory annual demonstration of instructio…

A. A provisional site administrator license is a one-year license granted to a level two or three-A teacher who meets the qualifications for that license. B. To qualify for a provisional site administrator license, the candidate shall: (1) meet the requirements for a level two or…

A. As used in this section, "responsibility factor" means a value of 1.25 for an elementary school principal, 1.45 for a middle school or junior high school principal, 1.65 for a high school principal, 1.15 for an assistant elementary school principal, 1.20 for an assistant middl…

A. A professional site administrator license is a five-year license granted to an applicant who meets the qualifications for that license. B. The department shall grant a professional site administrator license to an applicant who: (1) holds a post-baccalaureate degree or nationa…

A. A provisional superintendent license is a one-year license granted to an applicant who meets the qualifications for that license. A provisional license may be renewed up to three times with annual proof of enrollment in a department-approved aspiring superintendent academy and…

A. A superintendent license is a five-year license granted to an applicant who meets the qualifications for that license. B. The department shall grant a superintendent license to an applicant who: (1) has at least one year of experience as a site administrator; (2) has successfu…

A. A teacher or school principal licensed in another state may be granted a level two, level three-A or site administrator license if the teacher or site administrator has teaching experience, demonstrates the required competencies and meets other requirements and qualifications …

spouses and dependents; waiver of fees; veterans. A. The department shall, no later than thirty days after a military service member or a veteran with a valid and current or an expired license from another jurisdiction files an application, and provides a background check if requ…

The department shall issue a Native American language and culture certificate to a person proficient in a Native American language and culture of a New Mexico tribe or pueblo who meets criteria established through a memorandum of agreement between the tribe or pueblo and the publ…

A. If a local superintendent or governing authority of a state agency certifies to the department that an emergency exists in the hiring of a qualified person, the department may issue a certificate of teaching waiver or assignment waiver. B. The department may issue a certificat…

The department shall provide by rule for the qualifications for a substitute teacher certificate. Substitute teacher certificates shall be issued by the department. History: 1978 Comp., § 22-10A-15, enacted by Laws 2003, ch. 153, § 46; 2004, ch. 92, § 1.

A. Within sixty calendar days from the beginning of each school year, every school district shall issue a notice to parents that they may obtain information regarding the professional qualifications of their children's teachers, instructional support providers and school principa…

A. The following instructional support providers shall obtain appropriate licensure from the department: educational assistants, school counselors, school social workers, school nurses, speech-language pathologists, psychologists, physical therapists, physical therapy assistants,…

qualifications; minimum salaries. A. All persons who perform services as educational assistants in public schools or in those special state-supported schools within state agencies shall hold valid educational assistant licensure issued by the department. Educational assistants sh…

instructional support providers. (Repealed effective July 1, 2029.) A. An alternative level three-B license is a five-year license granted to a school administrator applicant who meets the qualifications for that level. Licenses may be renewed upon satisfactory annual demonstrati…

In addition to other duties prescribed by law, a school principal shall: A. under the general supervision of the local superintendent, assume administrative responsibility and overall instructional leadership for the public school to which he is assigned, including the discipline…

evaluations; sick leave; professional development; peer intervention; mentoring. A. The department shall adopt criteria and minimum highly objective uniform statewide standards of evaluation for the annual performance evaluation of licensed school employees. The professional deve…

requirements; department duties. A. The department shall develop a systemic framework for professional development that provides training to ensure quality teachers, school principals and instructional support providers and that improves and enhances student achievement. The depa…

A. The department shall: (1) design a uniform statewide educator accountability reporting system to measure and track teacher and administrator education candidates from pre-entry to post-graduation in order to benchmark the productivity and accountability of New Mexico's educato…

professional development. Each year, all school personnel shall successfully complete an online or in-person anti-racism, racial awareness and sensitivity training or professional development approved by the department that addresses race, racism and racialized aggression and dem…

As used in the School Personnel Act: A. "child abuse" means a child: (1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian, custodian or other adult; (2) who has suffered physical abuse, emotional abuse …

A. The individual class load for elementary school teachers shall not exceed twenty students for kindergarten; provided that any teacher in kindergarten with a class load of fifteen to twenty students shall be entitled to the assistance of an educational assistant. B. The average…