Vocational Education or Rehabilitation

NMSA 1978 ch. 22, art. 14

in effect

NMSA 1978, § 22-14-1 Definitions

22-14-1. Definitions As used in Sections 22-14-2 through 22-14-16 NMSA 1978: A. "vocational education" means vocational or technical training or retraining conducted as part of a program designed to enable an individual to engage in a remunerative occupation. Vocational education may provide but is not limited to guidance and counseling, vocational instruction, training for vocational education instructors, transportation and training material and equipment; B. "person with a disability" means a person with a physical or mental disability that constitutes a substantial handicap to employment but that is of such a nature that vocational rehabilitation may be reasonably expected to enable the person to engage in a remunerative occupation; C. "vocational rehabilitation" means services or training necessary to enable a person with a disability to engage in a remunerative occupation. Vocational rehabilitation may provide but is not limited to medical or vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools or equipment, maintenance and training material and equipment; and D. "federal aid funds" means funds, gifts or grants received by the state under any federal aid for vocational education or vocational rehabilitation. 1953 Comp., § 77-12-1, enacted by Laws 1967, ch. 16, § 191; 2007, ch. 46, § 11.

NMSA 1978, § 22-14-2 Vocational education; state governing authority

22-14-2. Vocational education; state governing authority A. The commission is the governing authority and shall establish policies for the conduct of all programs of the state and state plans established relating to vocational education unless otherwise provided by law. B. The commission is the sole agency of the state for the administration or for the supervision of the administration of any state plan relating to vocational education or for any federal aid funds, except as may otherwise be provided by law. C. The commission may delegate to the department its administrative functions relating to vocational education. 1953 Comp., § 77-12-2, enacted by Laws 1967, ch. 16, § 192; 2005, ch. 328, § 1.

NMSA 1978, § 22-14-2.1 Vocational rehabilitation; state governing authority

22-14-2.1. Vocational rehabilitation; state governing authority A. The department is the governing authority and shall establish policies for the conduct of all programs of the state and state plans established relating to vocational rehabilitation, unless otherwise provided by law. B. The department is the sole agency of the state for the administration or for the supervision of the administration of any state plan relating to vocational rehabilitation, or for any federal aid funds, except as may otherwise be provided by law. Laws 2005, ch. 328, § 2.

NMSA 1978, § 22-14-3 State agency for vocational education; authority

22-14-3. State agency for vocational education; authority The commission is the sole agency of the state for the supervision of the administration of federal aid funds relating to vocational education. The commission may: A. enter into an agreement with the appropriate federal agency to procure for the state the benefits of the federal statute; B. establish a state plan, if required by the federal statute, that meets the requirements of the federal statute to qualify the state for the benefits of the federal statute; C. provide for reports to be made to the federal agency as may be required; D. provide for reports to be made to the commission or the department from agencies receiving federal aid funds; E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal aid funds are to be applied; F. establish standards to which agencies must conform in receiving federal aid funds; G. give technical advice and assistance to any agency in connection with that agency obtaining federal aid funds; H. coordinate as required by the federal agency with the state workforce development board; and I. as required by the federal agency, make available a list of all school dropout, post-secondary and adult programs assisted pursuant to the state plan. 1953 Comp., § 77-12-3, enacted by Laws 1967, ch. 16, § 193; 2005, ch. 328, § 3.

NMSA 1978, § 22-14-3.1 State agency for vocational rehabilitation; authority

22-14-3.1. State agency for vocational rehabilitation; authority The department is the sole agency of the state for the administration or the supervision of the administration of any federal aid funds pertaining to vocational rehabilitation. The department may: A. enter into an agreement with the appropriate federal agency to procure for the state the benefits of the federal statute; B. establish a state plan, if required by the federal statute, that meets the requirements of the federal statute to qualify the state for the benefits of the federal statute; C. provide for reports to be made to the federal agency as may be required; D. provide for reports to be made to the department from agencies receiving federal aid funds; E. make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where the federal aid funds are to be applied; F. establish standards to which agencies must conform in receiving federal aid funds; and G. give technical advice and assistance to any agency in connection with that agency obtaining federal aid funds. Laws 2005, ch. 328, § 4.

NMSA 1978, § 22-14-5 Instructional support and vocational education division; powers; duties

22-14-5. Instructional support and vocational education division; powers; duties Subject to the policies of the commission, the instructional support and vocational education division of the department shall: A. provide vocational education to qualified persons; B. act as the representative of the commission in administering any state plan or federal aid funds relating to vocational education; C. cooperate and make agreements with public or private agencies to establish or to maintain a vocational education program; D. enter into reciprocal agreements with other states to provide vocational education; E. accept gifts or grants to be used for vocational education; F. enforce rules for the administration of laws relating to vocational education; and G. conduct research and compile statistics relating to vocational education. 1953 Comp., § 77-12-5, enacted by Laws 1967, ch. 16, § 195; 1993, ch. 226, § 30; 2005, ch. 328, § 5.

NMSA 1978, § 22-14-7 Vocational rehabilitation division; director

22-14-7. Vocational rehabilitation division; director A. The "vocational rehabilitation division" is created within the department. B. The secretary shall appoint a director of the vocational rehabilitation division to be known as the "director of vocational rehabilitation". 1953 Comp., § 77-12-6, enacted by Laws 1967, ch. 16, § 196; 2005, ch. 328, § 6.

NMSA 1978, § 22-14-8 Vocational rehabilitation division; powers; duties

22-14-8. Vocational rehabilitation division; powers; duties The vocational rehabilitation division of the public education department shall: A. provide vocational rehabilitation to qualified individuals; B. administer any state plan or federal aid funds relating to vocational rehabilitation; C. cooperate and make agreements with public or private agencies to establish or to maintain a vocational rehabilitation program; D. enter into reciprocal agreements with other states to provide vocational rehabilitation; E. accept gifts or grants to be used for vocational rehabilitation; F. enforce regulations for the administration of laws relating to vocational rehabilitation; G. conduct research and compile statistics relating to vocational rehabilitation; and H. ensure that behavioral health services, including mental health and substance abuse services, provided, contracted for or approved are in compliance with the requirements of Section 9-7-6.4 NMSA 1978. 1953 Comp., § 77-12-7, enacted by Laws 1967, ch. 16, § 197; 1989, ch. 88, § 1; 1993, ch. 226, § 31; 1993, ch. 229, § 2; 2004, ch. 46, § 11.

NMSA 1978, § 22-14-9 Custody of funds; budgets; disbursements

22-14-9. Custody of funds; budgets; disbursements A. The state treasurer shall be the custodian of all federal aid funds. The state treasurer shall hold these funds in separate accounts according to the purposes of the funds. B. All state funds, federal aid funds or grants to the state relating to vocational education shall be budgeted and accounted for as provided by law and by the rules of the department of finance and administration. These funds or grants shall be disbursed by warrants of the department of finance and administration on vouchers issued by the director of the instructional support and vocational education division or the director's authorized representative. C. All state funds, federal aid funds or grants to the state relating to vocational rehabilitation shall be budgeted and accounted for as provided by law and by the rules of the department of finance and administration. These funds or grants shall be disbursed by warrants of the department of finance and administration on vouchers issued by the director of the vocational rehabilitation division or the director's authorized representative. D. All federal aid funds received by the state to be used for vocational education or vocational rehabilitation programs may be expended in any succeeding year from the year received. 1953 Comp., § 77-12-8, enacted by Laws 1967, ch. 16, § 198; 2005, ch. 328, § 7.

NMSA 1978, § 22-14-11 Vocational rehabilitation; eligibility

22-14-11. Vocational rehabilitation; eligibility Vocational rehabilitation shall be provided to any person who: A. is a resident of the state at the time of filing an application for vocational rehabilitation; and B. qualifies for eligibility under a vocational rehabilitation program established by the state; or C. qualifies for eligibility under the terms of an agreement that the state has with the federal government or with another state. 1953 Comp., § 77-12-9, enacted by Laws 1967, ch. 16, § 199; 2005, ch. 328, § 8.

NMSA 1978, § 22-14-11.1 Third party liability

22-14-11.1. Third party liability A. The vocational rehabilitation division shall make reasonable efforts to ascertain any legal liability of third parties who are or may be liable to pay all or part of the cost of rehabilitation services of an applicant or client of vocational rehabilitation. B. When the division provides vocational rehabilitation services to qualified individuals, the division is subrogated to any right of the individual against a third party for recovery of costs incurred. Laws 1983, ch. 60, § 1.

NMSA 1978, § 22-14-12 Hearings

22-14-12. Hearings A. A fair hearing shall be provided for any individual applying for or receiving vocational rehabilitation aggrieved by any action or inaction of the vocational rehabilitation division or of the director of vocational rehabilitation. B. The state board [department] shall adopt regulations for the conduct of hearings pursuant to this section. 1953 Comp., § 77-12-10, enacted by Laws 1967, ch. 16, § 200; 1983, ch. 60, § 2.

NMSA 1978, § 22-14-13 Nontransferable or nonassignable rights

22-14-13. Nontransferable or nonassignable rights The rights of any individual under the provisions of any state law relating to vocational rehabilitation are not transferable or assignable in law or in equity. 1953 Comp., § 77-12-11, enacted by Laws 1967, ch. 16, § 201.

NMSA 1978, § 22-14-14 Limitations on political activities

22-14-14. Limitations on political activities No person engaged in administering any vocational education or vocational rehabilitation program pursuant to Sections 22-14-1 through 22-14-16 NMSA 1978 shall use his official authority or influence to permit the use of the vocational education or vocational rehabilitation program to interfere with any public election or partisan political campaign. Nor shall such person take any active part in the management of a political campaign, or participate in any political activity beyond the person's constitutional rights of voting and of free speech. Nor shall he be required to contribute or render service, assistance, subscription, assessment or contribution for any political purpose. Any person violating the provisions of this section shall be subject to discharge or suspension. 1953 Comp., § 77-12-12, enacted by Laws 1967, ch. 16, § 202.

NMSA 1978, § 22-14-16 Admission to state educational institutions; exemption from certain fees

22-14-16. Admission to state educational institutions; exemption from certain fees Upon written request of the department, all state educational institutions shall accept for admission, without any charge for any fees except tuition charges, a person with a disability meeting the standards of the institution. 1953 Comp., § 77-12-14, enacted by Laws 1967, ch. 16, § 204; 2007, ch. 46, § 12.

NMSA 1978, § 22-14-20 New Mexico school for the visually handicapped; certain functions transferred

22-14-20. New Mexico school for the visually handicapped; certain functions transferred There is transferred to the services for the blind administrative unit of the vocational rehabilitation division of the department of education [public education department] those powers, fiscal responsibilities, duties, records, equipment, lands, buildings and personnel of the New Mexico school for the visually handicapped pertaining to the training, rehabilitating and employing of blind persons over the age of eighteen years in cooperation with any other federal or state agency. 1953 Comp., § 73-23-1.2, enacted by Laws 1971, ch. 324, § 5; 1973, ch. 209, § 2; 1978 Comp., § 21-5-3, recompiled as § 22-14-20 by Laws 1983, ch. 60, § 3.

NMSA 1978, § 22-14-21 Products of clients of the commission for the blind; purchasing agent to determine value

22-14-21. Products of clients of the commission for the blind; purchasing agent to determine value It is the duty of the state purchasing agent to determine the fair market value of all products manufactured by clients of the commission for the blind and offered for sale to the state, or any other governmental agency or political subdivision thereof having its own purchasing agency, by the commission for the blind and approved for that use by the state purchasing agent, to revise the prices from time to time in accordance with changing market conditions and to make such rules and regulations regarding specifications, time of delivery and other relevant matters as are necessary to carry out the purpose of Sections 22-14-21 through 22-14-23 NMSA 1978. 1941 Comp., § 6-410, enacted by Laws 1953, ch. 163, § 1; 1953 Comp., § 73-23-7; Laws 1977, ch. 159, § 1; 1978 Comp., § 21-5-9, recompiled as § 22-14-21 by Laws 1983, ch. 60, § 3; 1993, ch. 226, § 32.

NMSA 1978, § 22-14-22 Purchases by state agencies and subdivisions

22-14-22. Purchases by state agencies and subdivisions Except as hereinafter provided, all products thereafter procured by or for the state, or any governmental agency or political subdivision thereof having its own purchasing agency, shall be procured in accordance with applicable specifications of the state purchasing agent from the commission for the blind or duly established agencies or branches thereof whenever the products are available at the price determined, as provided in Section 22-14-21 NMSA 1978, to be a fair market price for the product so manufactured, and no advertisement or notice for bids from other suppliers shall be necessary. 1941 Comp., § 6-411, enacted by Laws 1953, ch. 163, § 2; 1953 Comp., § 73-23-8; 1977, ch. 159, § 2; 1978 Comp., § 21-5-10, recompiled as § 22-14-22 by Laws 1983, ch. 60, § 3; 1993, ch. 226, § 33.

NMSA 1978, § 22-14-23 Application of funds

22-14-23. Application of funds All money received by the commission for the blind or any duly established agency or branch thereof from the sale of products manufactured by clients of the commission for the blind to the state, any subdivision thereof or any other purchaser shall be placed in a special fund, which shall be used only for ordinary and necessary business expenses and to purchase raw materials, supplies and capital improvements for the manufacturing of products and to pay such compensation to the clients manufacturing the products as may be determined to be reasonable by the commission for the blind. 1941 Comp., § 6-412, enacted by Laws 1953, ch. 163, § 3; 1953 Comp., § 73-23-9; Laws 1977, ch. 159, § 3; 1981, ch. 71, § 1; 1978 Comp., § 21-5-11, recompiled as § 22-14-23 by Laws 1983, ch. 60, § 3; 1993, ch. 226, § 34.

NMSA 1978, § 22-14-24 Purpose

22-14-24. Purpose The purpose of Sections 22-14-24 through 22-14-29 NMSA 1978 is to provide blind persons with remunerative employment, to enlarge the economic opportunities for the blind and to stimulate them to greater efforts in striving to make themselves self-supporting, by authorizing blind persons licensed in accordance with the provisions of those sections to operate vending stands on any state property where vending stands may be properly and satisfactorily operated by blind persons, by granting blind persons a preference in the operation of vending stands on state property, by authorizing cooperation with the United States government in the administration of the vending stand program for the blind on federal property and by authorizing the commission to establish, maintain and operate a vending stand program for the blind. 1953 Comp., § 59-12-1, enacted by Laws 1957, ch. 180, § 1; 1971, ch. 324, § 2; 1978 Comp., § 28-9-1, recompiled as § 22-14-24 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 10.

NMSA 1978, § 22-14-25 Definitions

22-14-25. Definitions For the purposes of Sections 22-14-24 through 22-14-29 NMSA 1978: A. "blind person" means a person having not more than ten percent visual acuity in the better eye with correction. This means a person who has: (1) not more than 20/200 central visual acuity in the better eye after correction; or (2) an equally disabling loss of the visual field, i.e., a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. Such blindness shall be certified by a duly licensed ophthalmologist, subject to approval of the New Mexico board of medical examiners; B. "commission" means the commission for the blind; C. "license" means a written instrument issued by the commission to a blind person pursuant to Sections 22-14-24 through 22-14-29 NMSA 1978, authorizing the blind person to operate a vending stand on state, federal or other property; D. "state property" means any building or land owned, leased or occupied by any department or agency of the state or any instrumentality wholly owned by the state or by any county or municipality or by any other local governmental entity; and E. "vending stand" means: (1) such shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the commission, agency or person having control of the property on which the stand is to be located; and (2) manual or coin-operated vending machines or similar devices for vending the articles mentioned in Paragraph (1) of this subsection. 1953 Comp., § 59-12-2, enacted by Laws 1957, ch. 180, § 2; 1978 Comp., § 28-9-2, recompiled as § 22-14-25 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 11.

NMSA 1978, § 22-14-27 Assuring preferences to blind persons

22-14-27. Assuring preferences to blind persons The head or governing body of each department or agency and of each county or municipality or other local governmental entity having control of state property shall: A. adopt policies and take action as may be necessary to assure that blind persons licensed by the commission will be given a preference in the establishment and operation of vending stands on property under its control, when vending stands may be properly and satisfactorily operated by blind persons; B. cooperate with the commission in surveys of property under its control to find suitable locations for the operation of vending stands by blind persons and, after it has been determined that there is need for a vending stand and after the commission has determined that the stand may be properly and satisfactorily operated by a blind person, issue to the commission a permit for the operation of a vending stand by a licensed blind person and cooperate with the commission in the installation of the vending stand; and C. provide appropriate vending space and utility services for the operation of vending stands at no cost to the commission or to the blind licensee. 1953 Comp., § 59-12-3, enacted by Laws 1957, ch. 180, § 3; 1978 Comp., § 28-9-4, recompiled as, § 22-14-27 by Laws 1983, ch. 60, § 3; 1985, ch. 233, § 1; 1986, ch. 108, § 12.

NMSA 1978, § 22-14-28 Powers and duties of the commission relating to the vending stand program

22-14-28. Powers and duties of the commission relating to the vending stand program In carrying out the provisions of Sections 22-14-24 through 22-14-29 NMSA 1978, the commission: A. shall prescribe regulations governing: (1) personnel standards; (2) the protection of records and confidential information; (3) eligibility for licensing of blind persons as vending stand operators; (4) termination of licenses; (5) the title to vending stand equipment and the interest in stocks of merchandise; (6) procedures for fair hearings; and (7) such other regulations as may be necessary to carry out the purposes of Sections 22-14-24 through 22-14-29 NMSA 1978; B. shall appoint such personnel as may be necessary for the administration of the vending stand program; C. shall make surveys to find locations where vending stands may be properly and satisfactorily operated by blind persons and shall establish vending stands as it deems appropriate; D. shall furnish each vending stand established with adequate suitable equipment, shall be responsible for the maintenance and repair of the equipment and shall furnish each vending stand with an adequate initial stock of merchandise; E. shall provide such management and supervisory services as are deemed necessary by the commission to assure that each vending stand will be operated in the most effective and productive manner possible; F. shall cooperate with the United States department of education in the administration of the vending stand program on federal property and adopt such methods of operation and take such action as may be required to secure the full benefits of that program; G. shall prepare and submit to the governor annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out the purpose of Sections 22-14-24 through 22-14-29 NMSA 1978 and estimates of the amounts to be made available for this purpose from all sources; H. shall take such other action as may be necessary or appropriate to carry out the purposes of Sections 22-14-24 through 22-14-29 NMSA 1978; I. may enter into agreements with private nonprofit organizations for furnishing services to the vending stand program; provided that all such services and activities of the nonprofit organizations relating to the vending stand program shall be subject to the commission's supervision and control; J. may, in its discretion, set aside funds from the operation of vending stands for such purposes as maintenance and replacement of equipment, the purchase of new equipment, the provision of management services, guaranteeing a fair minimum return to all vending stand operators and such other purposes as it may determine appropriate and which are not inconsistent with federal laws and regulations relating to the "setting aside of funds"; provided that in no case shall the amount set aside from any vending stand exceed a reasonable sum in relation to the net profit to the operator of the stand in the opinion of the executive officer of the agency; and K. may accept gifts and donations made unconditionally, or subject to such conditions as it may determine appropriate, for the purposes of carrying out the provisions of Sections 22-14-24 through 22-14-29 NMSA 1978 and may use, hold, invest or reinvest such gifts for those purposes. 1953 Comp., § 59-12-4, enacted by Laws 1957, ch. 180, § 4; 1978 Comp., § 28-9-5, recompiled as § 22-14-28 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 13.

NMSA 1978, § 22-14-29 Hearings

22-14-29. Hearings The commission shall provide an opportunity for a fair hearing to any licensed vending stand operator dissatisfied with any action arising from the operation or administration of the vending stand program. 1953 Comp., § 59-12-5, enacted by Laws 1957, ch. 180, § 5; 1978 Comp., § 28-9-6, recompiled as § 22-14-29 by Laws 1983, ch. 60, § 3; 1986, ch. 108, § 14.

NMSA 1978, § 22-14-30 Vocational rehabilitation division; designated agency for federal funds

22-14-30. Vocational rehabilitation division; designated agency for federal funds The vocational rehabilitation division of the department of education [public education department] is designated the sole state agency to administer and receive any federal funds relating to vocational rehabilitation of the blind. 1953 Comp., § 77-12-8.1, enacted by Laws 1971, ch. 324, § 4; 1978 Comp., § 22-14-10, recompiled as § 22-14-30 by Laws 1993, ch. 226, § 53.

NMSA 1978, § 22-14-31 Pre-apprenticeship programs

22-14-31. Pre-apprenticeship programs A. As used in this section: (1) "apprenticeable trade" means a skilled trade that possesses the following characteristics: (a) it is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training; (b) it is clearly identified and commonly recognized throughout an industry; (c) it involves manual, mechanical or technical skills and knowledge that require a minimum of two thousand hours of on-the-job work experience; and (d) it requires related instruction to supplement on-the-job training; (2) "apprenticeship" means a formal educational method for training a person in a skilled trade that combines supervised employment with classroom study; (3) "course of instruction" means an organized and systematic program of study designed to provide the pre-apprentice with knowledge of the theoretical subjects related to one or more specific apprenticeable trades and that meets apprenticeship-related instruction requirements; provided that "course of instruction" may include hands-on training but does not include on-the-job training; (4) "industry instructor" means a person who is: (a) working or has worked in an apprenticeable trade for the number of years required by established industry practices of the particular trade to be an industry-recognized expert in the trade; or (b) a career-technical faculty member at a public post-secondary educational institution; (5) "local school board" includes the governing body of a charter school; (6) "pre-apprentice" means a public school student who is enrolled in a pre-apprenticeship program; (7) "pre-apprenticeship program" means a local school board-approved course of instruction offered through a provider that results, upon satisfactory completion of the program, in a certificate of completion that is acceptable to an apprenticeship training program registered with the apprenticeship council; and (8) "provider" means a registered apprenticeship program, an employer of an apprenticeable trade, a union, a trade association, a post-secondary educational institution or other person approved by the local school board to provide a pre-apprenticeship program. B. Any school district or charter school may allow pre-apprenticeship programs to be offered to qualified eleventh and twelfth grade students. The local school board shall only approve providers and pre-apprenticeship programs, including courses of instruction and industry instructors, that meet apprenticeship requirements of the apprenticeship council or the apprenticeship requirements of an appropriate nationally recognized trade organization. Pre-apprenticeship programs shall meet department content and performance standards and shall be provided at no cost to students. C. A person may apply to the local school board to become a provider by submitting an application in the form prescribed by the local school board. The application shall include: (1) the pre-apprenticeship program to be offered by the provider, including the course of instruction and the provision of tools, supplies and textbooks that will be provided by the pre-apprenticeship program; (2) a description of the way in which a pre-apprentice's coursework and program participation will be evaluated and reported as grades to the high school; (3) a description of the qualifications for pre-apprentices, the way in which students will be recruited and accepted into the pre-apprenticeship program and the circumstances under which a pre-apprentice may be dismissed from the pre-apprenticeship program; (4) the names and qualifications of the pre-apprenticeship program's industry instructors; (5) a description of the location where the pre-apprenticeship program will be conducted; and (6) any other information the local school board deems necessary to determine the fitness of the applicant to deliver a pre-apprenticeship program and the appropriateness of the program in achieving school district or charter school goals. D. In approving an application, the local school board shall include its approvals of the provider, the pre-apprenticeship program and the industry instructors. If a single applicant proposes to offer more than one pre-apprenticeship program, each program and its industry instructors shall be approved by the local school board. E. Pre-apprenticeship programs shall be designed so that pre-apprentices may earn elective credits toward high school graduation and meet requirements for apprenticeship-related supplemental instruction or post-secondary education course credits. Pre-apprenticeship programs shall be offered during the school day whenever possible. Programs may be conducted at industry locations, including union halls or other industry training facilities; at existing school facilities, if available; or at any other location approved by the local school board. F. To qualify for a pre-apprenticeship program, a student must: (1) be at least sixteen years of age; (2) be in the eleventh or twelfth grade; (3) have at least the number of electives required for the pre-apprenticeship program applied for and commit those electives to the program; and (4) meet other requirements of the pre-apprenticeship program approved by the local school board. G. Once a provider and pre-apprenticeship program have been approved, the provider shall recruit students and accept and retain or dismiss them as provided in the provider's approved application. H. Once accepted into a pre-apprenticeship program, a student may withdraw only with the approval of the high school principal. I. If a provider wishes to cease its pre-apprenticeship program, it shall notify the local school board, the superintendent and the principals of the pre-apprentices' high schools. The notification shall include a plan for the continuation of the pre-apprenticeship program of the pre-apprentices currently enrolled in the provider's program. Laws 2009, ch. 256, § 2.

NMSA 1978, § 22-14-32 Licensure not required; background checks; school-sponsored activity and volunteers

22-14-32. Licensure not required; background checks; school-sponsored activity and volunteers A. The provisions of the School Personnel Act [Chapter 22, Article 10A NMSA 1978], including licensure requirements, shall not apply to industry instructors, except that they shall be required to undergo a background check as provided for licensed school employees in Section 22-10A-5 NMSA 1978. The school district or charter school may act on the information received from the background check and refuse to approve a person as an industry instructor. An industry instructor shall provide for the safety of students under the industry instructor's care in the same manner as required of licensed school employees and shall not allow persons who have not been vetted through the background check process to have unsupervised contact with students. B. For purposes of the public school insurance authority, each pre-apprenticeship program shall be considered a school-sponsored activity and each industry instructor shall be considered a school volunteer. Laws 2009, ch. 256, § 3.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18522/index.doFetched: 10/20/2026