Chapter 22, Chapter 22

The local school board may operate a public school or the school district under a variable school calendar. The state board [department] shall develop criteria for the establishment of a variable school calendar in a school district. Those criteria shall include a requirement tha…

[department]. The state board [department] may suspend or modify existing rules pertaining to school district operations upon recommendation of the state superintendent [secretary] when those rules prevent or impede the implementation of the Variable School Calendar Act. History:…

The variable school calendar for a public school or school district shall be in lieu of any other school calendar provided by law, and all requirements for reporting or operating under existing school calendars shall be suspended for the public school or school district upon the …

Chapter 22, Article 23 NMSA 1978 may be cited as the "Bilingual Multicultural Education Act". History: 1953 Comp., § 77-23-1, enacted by Laws 1973, ch. 285, § 1; 2004, ch. 32, § 1.

The legislature finds that: A. while state and federal combined funding for New Mexico's bilingual multicultural education programs was forty-one million dollars ($41,000,000) in 2003, the funds do not directly support bilingual multicultural education program instruction; B. the…

As used in the Bilingual Multicultural Education Act: A. "bilingual learner" means a student whose bilingualism is emerging through the development of English and a language other than English; B. "bilingual multicultural education program" means a program using two languages, in…

A. The department shall issue rules for the development and implementation of bilingual multicultural education programs. B. The department shall administer and enforce the provisions of the Bilingual Multicultural Education Act. C. The department shall assist school boards in de…

A. A school board or, for charter schools, a governing body of a charter school may prepare and submit to the department a bilingual multicultural education program plan in accordance with rules issued by the department. B. At regular intervals, the school board or governing body…

state financial support. A. To be eligible for state financial support, each bilingual multicultural education program shall: (1) provide for the educational needs of linguistically and culturally different students, including Native American children and other students who may w…

membership; duties. A. The "bilingual multicultural education advisory council" is created and shall advise the secretary and department staff on the effective implementation of the Bilingual Multicultural Education Act and the support of all bilingual multicultural education stu…

Chapter 22, Article 23A NMSA 1978 may be cited as the "Indian Education Act". History: Laws 2003, ch. 151, § 1; 2005, ch. 299, § 1.

outcomes for Indian students. Historically defined Indian impacted school districts shall develop and publish a systemic framework for improving educational outcomes for Indian students. The school district shall develop the framework in collaboration with school employees, triba…

A. The systemic framework shall include programs, services, culturally relevant activities and professional development that need to be provided to improve Indian education in the state. Based on the priorities developed through the needs assessment and the priorities set in the …

The purpose of the Indian Education Act is to: A. ensure equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for American Indian students enrolled in public schools; B. ensure maintenance of native lan…

As used in the Indian Education Act: A. "assistant secretary" means the assistant secretary for Indian education; B. "government-to-government" means the relationship between a New Mexico tribe and a state government; C. "indigenous" means native or tribal groups of the Americas …

A. The secretary shall ensure that the duties prescribed in the Indian Education Act are carried out and that each division within the department is collaborating to fulfill its responsibilities to tribal students. B. The secretary shall consult on proposed rules implementing the…

The department shall collaborate and coordinate efforts with the higher education department and institutions of higher education, including tribal colleges and teacher education institutions and tribal education departments, to facilitate the successful and seamless transition o…

duties. A. The "Indian education division" is created within the department. The secretary shall appoint an assistant secretary for Indian education, who shall direct the activities of the division and advise the secretary on development of policy regarding the education of triba…

A. The "Indian education advisory council" is created and shall advise the secretaries of early childhood education and care and public education and the assistant secretaries for Native American early childhood education and care and for Indian education on implementation of the…

A. The Indian education division in collaboration with the education division of the federal bureau of Indian affairs and other entities that serve tribal students shall submit an annual statewide tribal education status report no later than November 15 to all New Mexico tribes. …

A. The "Indian education fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations and income from investment of the fund. Money in the fund shall not revert. The fund shall be administered by the department, and money in the fund is…

assessments; use of data; prioritizing budgets; reports. A. As used in Sections 1 through 3 [22-23A-9 to 22-23A-11 NMSA 1978] of this 2019 act, "school district" includes charter schools. B. Historically defined Indian impacted school districts are required to conduct a needs ass…

This act [Chapter 22, Article 23B NMSA 1978] may be cited as the "Hispanic Education Act". History: Laws 2010, ch. 108, § 1 and Laws 2010, ch. 114, § 1.

The purpose of the Hispanic Education Act is to: A. provide for the study, development and implementation of educational systems that affect the academic success of Hispanic students to increase graduation rates and ensure lifelong success; B. protect and preserve New Mexico's he…

As used in the Hispanic Education Act, "liaison" means the Hispanic education liaison." History: Laws 2010, ch. 108, § 3 and Laws 2010, ch. 114, § 3.

A. The "Hispanic education liaison" is created in the department. B. The liaison shall: (1) focus on issues related to Hispanic education and advise the secretary on the development and implementation of policy regarding the education of Hispanic students; (2) advise the departme…

A. The "Hispanic education advisory council" is created as an advisory council to the secretary. The council shall advise the secretary on matters related to improving public school education for Hispanic students, increasing parent involvement and community engagement in the edu…

A. The department, in collaboration with the higher education department, shall submit an annual preschool through post-secondary statewide Hispanic education status report no later than November 15 to the governor and the legislature through the legislative education study commi…

Sections 1 through 7 [22-23C-1 to 22-23C-7 NMSA 1978] of this act may be cited as the "Black Education Act". History: Laws 2021, ch. 51, § 1.

As used in the Black Education Act: A. "council" means the Black education advisory council; and B. "liaison" means the Black education liaison. History: Laws 2021, ch. 51, § 2.

A. The "Black education advisory council" is created as an advisory council to the secretary. The secretary shall appoint no more than twenty-three members to the council who are knowledgeable about and interested in the education of Black students, including: (1) three current t…

The council shall advise the secretary, school districts and charter schools on matters related to improving public school education for Black students, increasing parent involvement and community engagement in the education of Black students and increasing the number of Black hi…

A. The "Black education liaison" is created in the department. B. The liaison shall: (1) focus on issues related to Black education and advise the secretary and the council on the development and implementation of public policy regarding the education of Black students; (2) advis…

secretary and others. A. As part of their duties pursuant to the Black Education Act, the liaison and the council shall study and prepare white papers on current research on methods and practices that will improve educational outcomes and school experiences for Black students by:…

A. The department, in collaboration with the higher education department, shall submit an annual preschool through post-secondary statewide Black education status report no later than November 15 to the governor and the legislature through the legislative education study committe…

Chapter 22, Article 24 NMSA 1978 may be cited as the "Public School Capital Outlay Act". History: 1953 Comp., § 77-24-9, enacted by Laws 1975, ch. 235, § 1; 1978, ch. 152, § 1; 2000 (2nd S.S.), ch. 19, § 1.

assessment. A. Prior to the occupancy of a public facility by a charter school, the charter school shall notify the council of the intended use, together with such other information as required by rule of the council. B. Within sixty days of the notification to the council, the p…

A. The council shall develop guidelines for a pre-kindergarten classroom facilities initiative in accordance with this section, including establishing and adopting pre- kindergarten classroom standards. B. The authority shall rank all applications it receives for the pre-kinderga…

The purpose of the Public School Capital Outlay Act is to ensure that, through a standards-based process for all school districts, the physical condition and capacity, educational suitability and technology infrastructure of all public school facilities in New Mexico meet an adeq…

As used in the Public School Capital Outlay Act: A. "authority" means the public school facilities authority; B. "building system" means a set of interacting parts that makes up a single, nonportable or fixed component of a facility and that, together with other building systems,…

A. The "public school capital outlay fund" is created. Balances remaining in the fund at the end of each fiscal year shall not revert. B. Except as provided in Subsections G and I through N of this section, money in the fund may be used only for capital expenditures deemed necess…

A. No later than September 1, 2001, the council shall define and develop guidelines, consistent with the codes adopted by the construction industries commission pursuant to the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978 NMSA 1978], for school district…

A. The council shall develop guidelines for a roof repair and replacement initiative pursuant to the provisions of this section. B. A school district, desiring a grant award pursuant to this section, shall submit an application to the council. The application shall include an ass…

A. The council shall develop guidelines for a building system repair, renovation or replacement initiative pursuant to the provisions of this section. B. A school district desiring a grant award pursuant to this section shall submit an application to the council. The application …

A. The council shall develop guidelines for a school security system project grant initiative in accordance with this section. B. A school district seeking a grant for a school security system project shall apply to the council on a form that includes an assessment of a school's …

assistance. A. Applications for grant assistance, approval of applications, prioritization of projects and grant awards shall be conducted pursuant to the provisions of this section. B. Except as provided in Sections 22-24-4.3, 22-24-5.4 and 22-24-5.6 NMSA 1978, the following pro…

In providing grant assistance pursuant to Section 22-24-5 NMSA 1978, the council shall: A. assist school districts in identifying critical capital outlay needs and in preparing grant applications; B. take such actions as are necessary to assist school districts in implementing th…

A. The council shall adopt guidelines that will assist school districts in the development and implementation of preventive maintenance plans. In developing the guidelines, the council shall ensure that they are not overly complex, that they are user- friendly and that they take …

constitutional compliance; imposition of property tax. A. The council may bring an action against a school district pursuant to the provisions of this section if, based upon information submitted to the council by the authority, the council determines that: (1) the physical condi…

information management system. Each school district shall: A. develop and implement a preventive maintenance plan following guidelines adopted by the public school capital outlay council pursuant to Section 22-24-5.3 NMSA 1978; and B. participate in the facility information manag…