Chapter 22, Chapter 22

A. The legislature finds that: (1) the first amendment of the United States constitution protects religious freedom and freedom of speech; (2) the constitution of New Mexico protects each citizen's rights to worship God according to the dictates of the citizen's conscience; and (…

Students in the public schools may voluntarily engage in student-initiated moments of silent meditation. History: Laws 1995, ch. 72, § 3.

restrictions. A. The state transportation division of the department of education [public education department] shall authorize local school boards to sell advertising space on the interior and exterior of school buses. The local school board shall develop guidelines for the type…

A. All school bus private owners that have legal title to school buses used and operated pursuant to an existing bus service contract with a school district may lease space on their buses to the school district for the purpose of selling commercial advertisements. In exchange for…

A. A school district shall be permitted to solicit offers from commercial advertisers for the use of space on the school buses that service their school district. The school district may enter into a lease agreement with a commercial advertiser for the use of any designated adver…

The "school bus advertising fund" is created in the state treasury and shall be administered by the department of education [public education department]. The fund shall consist of money raised pursuant to this act. Balances in the fund at the end of any fiscal year shall not rev…

A. Funds raised from commercial advertisement shall be distributed from the school bus advertising fund after the required payment is made to school bus private owners. B. Sixty percent of the proceeds raised shall be distributed to each school district to use in accordance with …

Funds raised by a school district from lease agreements relating to the use of advertising space on school buses by commercial advertisers shall be fully accounted for and subject to review and examination by the department of education [public education department]. History: Law…

Chapter 22, Article 29 NMSA 1978 may be cited as the "Public School Insurance Authority Act". History: 1978 Comp., § 22-2-6.1, enacted by Laws 1986, ch. 94, § 1; 1978 Comp., § 22-2-6.1, recompiled as § 22-29-1, by Laws 2003, ch. 153, § 72; 2005, ch. 274, § 17.

A. Group insurance contributions for school districts and charter schools shall be at least eighty percent of the cost of the insurance. Group insurance contributions for all other participating entities in the authority shall be: (1) at least eighty percent of the cost of the in…

Payment for a claim under property insurance coverage for property damage to public school facilities may be paid directly to the school district, or, pursuant to the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], the insurance proceeds may be expended by the insurer to repair…

The authority shall include due process reimbursement in its self-insured retention risk pool. Each year, the legislature shall authorize the board to collect the due process reimbursement premium from member districts and charter schools to cover the cost of due process reimburs…

The purpose of the Public School Insurance Authority Act is to provide comprehensive core insurance programs, including reimbursement coverage for the costs of providing due process to students with disabilities, for all participating public schools, school board members, school …

As used in the Public School Insurance Authority Act: A. "authority" means the public school insurance authority; B. "board" means the board of directors of the authority; C. "charter school" means a school organized as a charter school pursuant to the provisions of the Charter S…

There is created the "public school insurance authority", which is established to provide for group health insurance, other risk-related coverage and due process reimbursement with the exception of the mandatory coverage provided by the risk management division on the effective d…

A. There is created the "board of directors of the public school insurance authority". The board shall be composed of nine members, consisting of the following: (1) one member to be selected by the state board [department] of education; (2) one school business official to be sele…

A. There is created the "public school insurance fund". All income earned on the fund shall be credited to the fund. The fund is appropriated to the authority to carry out the provisions of the Public School Insurance Authority Act. Any money remaining in the fund at the end of e…

In order to effectuate the purposes of the Public School Insurance Authority Act, the authority has the power to: A. enter into professional services and consulting contracts or agreements as necessary; B. collect money and provide for the investment of the fund; C. collect all c…

purchase orders and contracts; deposit of funds. A. All premiums and other money collected by the authority shall be deposited in the fund. Except as provided in Subsection F of Section 22-2-6.6 NMSA 1978 [22-29-6 NMSA 1978], funds shall be disbursed directly by the authority, bu…

A. School districts and charter schools shall participate in the authority, unless the school district or charter school is granted a waiver by the board; provided that beginning July 1, 2027, the board shall not grant a waiver for health, disability income or term life insurance…

Chapter 22, Article 30 NMSA 1978 may be cited as the "Distance Learning Act". History: Laws 2007, ch. 292, § 1; 2007, ch. 293, § 1; 2026, ch. 8, § 5.

As used in the Distance Learning Act: A. "distance learning course" means an educational course provided through virtual instruction; B. "distance learning student" means a qualified student in accordance with the provisions of the Public School Finance Act [Chapter 22, Article 8…

The "statewide cyber academy" is created as a program in the department. The statewide cyber academy may provide distance learning courses for sixth grade through twelfth grade and professional development for teachers, instructional support providers and school administrators. H…

The department shall promulgate rules to carry out the provisions of the Distance Learning Act. History: Laws 2007, ch. 292, § 4; 2007, ch. 293, § 4; 2026, ch. 8, § 8.

A. A school district or charter school that offers a full-time distance learning program shall: (1) administer the program in compliance with the Public School Code, including Section 22-2-8.1 NMSA 1978 regarding required instructional hours and Section 22-10A-20 NMSA 1978 regard…

A. A school district shall not require a student to enroll in a full-time distance learning program. B. A charter school shall not require a student to enroll in a full-time distance learning program. C. The provisions of Subsections A and B of this section do not apply to a scho…

A school district or charter school that has a full-time distance learning program or offers distance learning courses or other computer-based courses of study shall provide accompanying instructional materials or other materials in an electronic format usable by a person with a …

By the end of the 2028-2029 school year and at least every five years thereafter, the department shall evaluate all full-time distance learning programs to certify that the programs are in compliance with the Public School Code and related rules, including provisions related to i…

This act [22-31-1 to 22-31-6 NMSA 1978] may be cited as the "School Athletics Equity Act". History: Laws 2009, ch. 178, § 1.

Except as provided in Subsections C, D and E of Section 22-31-3 NMSA 1978, the School Athletics Equity Act applies to each public school that has an athletics program for grades seven through twelve. Each public school shall operate its program in a manner that does not discrimin…

The department shall collect annual data from public schools on their athletics programs. Each public school shall collect and submit the prior-year data required in this section in a format required by the department. The data submitted shall include: A. by August 31, 2011, the …

A. Each public school shall make its data available to the public, including all materials relied upon to compile the data. Each public school shall inform all students at the public school of their right to review the data. B. The department shall publish the following informati…

A. Each public school shall submit an assurance of compliance with Title 9 to its local school board or governing body and provide a copy to the department no later than August 31 of each year. The assurance shall be signed by the superintendent of the district or the head admini…

Beginning December 1, 2011, the department shall submit annually a report on the School Athletics Equity Act to the governor and the legislature, including a summary of the data received from the public schools. The report shall include recommendations on how to increase gender e…

Chapter 22, Article 32 NMSA 1978 may be cited as the "Community Schools Act". History: Laws 2013, ch. 16, § 1; 2017, ch. 66, § 1.

The Community Schools Act is enacted to provide a strategy to organize the resources of a community to ensure student success while addressing the needs, including cultural and linguistic needs, of the whole student from early childhood programs and voluntary public pre-kindergar…

functions; requirements. A. A community schools initiative may be created in any public school in the state and may be created as a consortium of public schools. B. A community schools initiative shall include the following: (1) a lead partner agency, including a public or privat…

school district, group of public schools or public school duties; requirements. A. A school district shall bear any indirect costs associated with the establishment and implementation of a community school within the school district. B. Subject to the availability of funding, gra…

As used in the Community Schools Act: A. "community school" means a public school that partners with families and the community, including tribal partners, nonprofit community-based organizations and local businesses, to provide well-rounded educational opportunities and supports…

coordinator. A. The community school framework shall ensure the use of research- and evidence-based strategies and best practices that support students, families and communities in ensuring student success and shall include: (1) integrated student supports that address non-academ…

The department shall appoint a "coalition for community schools" that is a statewide coalition of community school participants, which shall include local community school content experts, culturally responsive content experts and tribal leaders. The coalition shall provide advoc…

created; accountability. A. The "Dr. Jeannie Oakes memorial community schools fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is approp…

Chapter 22, Article 33 NMSA 1978 may be cited as the "Emergency Medication in Schools Act". History: Laws 2014, ch. 50, § 1; 2025, ch. 129, § 1.

As used in the Emergency Medication in Schools Act: A. "albuterol" includes albuterol or another inhaled bronchodilator, as recommended by the department of health, for the treatment of respiratory distress; B. "albuterol aerosol canister" means a portable drug delivery device pa…

supply; storage. A. Each local school board or governing body may obtain a standing order for and may provide to schools within its jurisdiction a stock supply of albuterol aerosol canisters and spacers prescribed in the name of the school or school district by a health care prac…

medication; protocols and policies; training. A. Each local school board or governing body that provides to schools within its jurisdiction a stock supply of albuterol aerosol canisters and spacers shall develop policies, based on department of health rules and recommendations, f…

restriction; exemptions. A. Except as provided pursuant to Subsection C of this section, local school boards and the governing bodies of charter schools shall adopt policies and procedures to authorize the possession, storage and administration of medical cannabis by parents and …

defibrillator. A. Each school shall develop and implement a cardiac emergency response plan that addresses the appropriate use of school personnel who are to respond to incidents involving a person experiencing a sudden cardiac arrest or a similar life-threatening emergency while…

This act [22-34-1 to 22-34-9 NMSA 1978] may be cited as the "Student Diabetes Management Act". History: Laws 2019, ch. 22, § 1.

As used in the Student Diabetes Management Act: A. "diabetes" means type one or type two diabetes mellitus; complications related to diabetes mellitus; or prediabetes; B. "diabetes care personnel" means a school employee who volunteers to be trained and is trained in accordance w…