NMSA 1978, § 32A-23A-1 Short title
32A-23A-1. Short title
Chapter 32A, Article 23A NMSA 1978 may be cited as the "Early Childhood Care and Education Act".
Laws 2011, ch. 123, § 1; 2019, ch. 48, § 25.
Early Childhood Care and Education
NMSA 1978 ch. 32A, art. 23A
in effectNMSA 1978, § 32A-23A-2 Definitions
32A-23A-2. Definitions
As used in the Early Childhood Care and Education Act:
A. "department" means the early childhood education and care department;
B. "early childhood" means the period of a person's life from birth to age five;
C. "fund" means the early childhood care and education fund; and
D. "secretary" means the secretary of early childhood education and care.
Laws 2011, ch. 123, § 2; 2019, ch. 48, § 26.
NMSA 1978, § 32A-23A-3 Findings and purpose
32A-23A-3. Findings and purpose
A. The legislature finds that an early childhood care and education system is vital in ensuring that every New Mexico child is eager to learn and ready to succeed by the time that child enters kindergarten, that high-quality early learning experiences have been proven to prepare children for success in school and later in life and that cost-benefit research demonstrates a high return on investment for money spent on early childhood care and education for at-risk children.
B. The legislature further finds that, to be successful, an early childhood care and education system should be:
(1) developmentally, culturally and linguistically appropriate and include the implementation of program models, standards and curriculum based on research and best practices;
(2) data-driven, including the identification and prioritization of communities most at risk while striving to make the system universally available to all those who wish to participate;
(3) accountable through developmentally appropriate methods of measuring, reporting and tracking a child's growth and development and the improvement of the system's programs;
(4) accessible, especially to those children most at risk for school failure;
(5) of the highest possible quality through the utilization of qualified practitioners who have completed specialized training in early childhood growth, development and learning that is specific to the practitioner's role in the system and the maintenance of quality rating methods for the programs in the system;
(6) fully aligned within each community to ensure the most efficient and effective use of resources by combining funding sources and supporting seamless transitions for children within the system and for children transitioning into kindergarten;
(7) family-centered by recognizing that parents are the first and most important teachers of their children and providing the support and referrals necessary for parents to assume this critical role in their child's development; and
(8) a partnership between the state and private individuals or institutions with an interest or expertise in early childhood care and education.
C. The purpose of the Early Childhood Care and Education Act is to establish a comprehensive early childhood care and education system through an aligned continuum of state and private programs, including home visitation, early intervention, child care, early head start, head start, early childhood special education, family support and pre-kindergarten, and to maintain or establish the infrastructure necessary to support quality in the system's programs.
Laws 2011, ch. 123, § 3.
NMSA 1978, § 32A-23A-5 Council and department duties
32A-23A-5. Council and department duties
A. The council is designated as the council required pursuant to the federal Improving Head Start for School Readiness Act of 2007. The council shall fulfill all the duties required under the federal act for early childhood care and education. The council shall also lead the development or enhancement of a high-quality, comprehensive system of early childhood development and care that ensures statewide coordination and collaboration among the wide range of early childhood programs and services within the state, including child care, early head start, head start, federal Individuals with Disabilities Education Act programs for preschool, infants and families and pre-kindergarten programs and services.
B. The council and department may apply for and accept gifts, grants, donations or bequests for the fund from any source, public or private, and enter into contracts or other transactions with any federal or state agency, any private organization or any other source in furtherance of the purpose of the Early Childhood Care and Education Act.
C. In addition to the duties assigned to the council under federal law, the council shall:
(1) make recommendations to the department and the legislature on the most efficient and effective way to leverage state and federal funding for early childhood care and education, including on grant applications made by the department to benefit the fund; and
(2) make recommendations to the department and the legislature on how to coordinate and align an early childhood care and education system to include child care, pre-kindergarten, home visitation, early head start, head start, early childhood special education, early intervention and family support and to provide New Mexico families with consistent access to appropriate care and education services. In developing recommendations, the council shall:
(a) consider how to consolidate and coordinate resources and public funding streams for early childhood care and education and ensure the accountability and coordinated development of all early childhood care and education services;
(b) consider a system of seamless transition from prenatal to early childhood programs to kindergarten;
(c) take into account a parent's decisive role in the planning, operation and evaluation of programs that aid families in the care and education of children;
(d) examine ways to provide consumer education and accessibility to early childhood care and education resources;
(e) consider the advancement of quality early childhood care and education programs in order to support the healthy development of children and preparation for their success in school;
(f) consider the development of a seamless service delivery system with local points of entry for early childhood care and education programs administered by local, state and federal agencies;
(g) ensure effective collaboration with state and local child welfare programs and early childhood health and behavioral health programs;
(h) consider how to develop and manage effective data collection systems to support the necessary functions of a coordinated system of early childhood care and education and track children through the education system from prenatal to early childhood to kindergarten to higher education, in order to enable accurate evaluation of the impact of early childhood care and education;
(i) focus on the diversity, cultural heritage and strengths of the families and communities of the state;
(j) consider the development of an aligned system of professional development for professionals providing early childhood care and education; and
(k) consider the establishment of an administrative framework to promote the development of high-quality early childhood care and education services that are staffed by well-qualified professionals and are available in every community for all families that express a need for them.
Laws 2011, ch. 123, § 5.
NMSA 1978, § 32A-23A-6 Early childhood care and education fund; created; purpose; administration; grant applications
32A-23A-6. Early childhood care and education fund; created; purpose; administration; grant applications
A. The "early childhood care and education fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the department and shall consist of gifts, grants, donations and bequests made to the fund.
B. Money in the fund is subject to appropriation by the legislature to the department for awarding grants to the council and early childhood care and education providers for carrying out the provisions of the Early Childhood Care and Education Act.
C. The department shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. For grants to early childhood care and education providers, the council shall review all grant applications and submit those applications recommended for final approval to the secretary.
D. Disbursements from the fund shall be made upon vouchers issued and signed by the secretary or the secretary's designee upon warrants drawn by the secretary of finance and administration.
Laws 2011, ch. 123, § 6.
NMSA 1978, § 32A-23A-7 Termination of agency life; delayed repeal
32A-23A-7. Termination of agency life; delayed repeal
The council is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The council shall continue to operate pursuant to the provisions of Sections 4 [32A-23A-4 NMSA 1978] and 5 [32A-23A-5 NMSA 1978] of the Early Childhood Care and Education Act until July 1, 2018. Effective July 1, 2018, Section 4 of the Early Childhood Care and Education Act is repealed.
Laws 2011, ch. 123, § 7.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18532/index.doFetched: 10/20/2026