Courses of Instruction and School Programs

NMSA 1978 ch. 22, art. 13

in effect

NMSA 1978, § 22-13-1 Subject areas; minimum instructional areas required; accreditation

22-13-1. Subject areas; minimum instructional areas required; accreditation A. The department shall require public schools to address department-approved academic content and performance standards when instructing in specific department-required subject areas as provided in this section. A public school or school district failing to meet these minimum requirements shall not be accredited by the department. B. All kindergarten through third grade classes shall provide daily instruction in reading and language arts skills, including phonemic awareness, phonics and comprehension, and in mathematics. Students in kindergarten and first grades shall be screened and monitored for progress in reading and language arts skills, and students in second grade shall take diagnostic tests on reading and language arts skills. C. All first, second and third grade classes shall provide instruction in art, music and a language other than English, and instruction that meets content and performance standards shall be provided in science, social studies, physical education and health education. D. In fourth through eighth grades, instruction that meets academic content and performance standards shall be provided in the following subject areas: (1) reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year; (2) mathematics; (3) language other than English; (4) communication skills; (5) science; (6) art; (7) music; (8) social studies; (9) New Mexico history; (10) United States history; (11) geography; (12) physical education; and (13) health education. E. Beginning with the 2008-2009 school year, in eighth grade, algebra 1 shall be offered in regular classroom settings or through online courses or agreements with high schools. F. In fourth through eighth grades, school districts shall offer electives that contribute to academic growth and skill development and provide career and technical education. In sixth through eighth grades, media literacy may be offered as an elective. G. In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education. H. All health education courses shall include: (1) age-appropriate sexual abuse and assault awareness and prevention training that meets department standards developed in consultation with the federal centers for disease control and prevention that are based on evidence-based methods that have proven to be effective; and (2) lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the: (a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district that the school district determines to be eligible to offer instruction pursuant to this paragraph; and (b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish. 1978 Comp., § 22-13-1, enacted by Laws 2003, ch. 153, § 57; 2005, ch. 315, § 9; 2007, ch. 307, § 7; 2007, ch. 308, § 7; 2009, ch. 267, § 1; 2014, ch. 9, § 2; 2016, ch. 17, § 1; 2016, ch. 18, § 1.

NMSA 1978, § 22-13-1.1 Graduation requirements; next-step plans

22-13-1.1. Graduation requirements; next-step plans A. The purpose of the New Mexico diploma of excellence is to demonstrate that a student is ready for success in post-secondary education, gainful employment and citizenship and is equipped with the skills to be a lifelong learner. The purpose of the state's minimum graduation requirements is to establish rigorous expectations to support that success. B. School districts and charter schools are encouraged to make available courses and programs of study that allow students to pursue a range of post-secondary opportunities and workforce opportunities and gain knowledge in entrepreneurship principles, as determined by the student's next-step plan and the school district's or charter school's graduate profile. C. At the end of grades eight through eleven, each student shall prepare an interim next-step plan that sets forth the coursework for the grades remaining until high school graduation. Each year's plan shall be aligned to the graduate profile of the student's school district or charter school, shall be completed on a department-approved template, shall explain any differences from previous interim next-step plans, shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's guidance counselor or other school official charged with coursework planning for the student. D. Each student must complete a final next-step plan during the senior year and prior to graduation. The plan shall be aligned to the graduate profile of the student's school district or charter school, shall be completed on a department-approved template, shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's guidance counselor or other school official charged with coursework planning for the student. E. An individualized education plan that meets the requirements of Subsections C and D of this section and that meets all applicable transition and procedural requirements of the federal Individuals with Disabilities Education Act for a student with a disability shall satisfy the next-step plan requirements of this section for that student. F. A local school board or governing body of a charter school shall ensure that each high school student develops a next-step plan based on reports of college and workplace readiness assessments, as available, and other factors and is reasonably informed about: (1) curricular and course options, including honors or advanced placement courses, international baccalaureate courses, dual-credit courses, distance learning courses, career clusters and career pathways, pre-apprenticeship programs or remediation programs that the college and workplace readiness assessments indicate to be appropriate; (2) opportunities available that lead to different post-high-school options; and (3) alternative opportunities available if the student does not finish a planned curriculum. G. The secretary shall: (1) establish specific accountability standards for administrators, counselors, teachers and other appropriate school district or charter school employees to ensure that every student has the opportunity to develop a next-step plan; (2) promulgate rules for accredited private schools in order to ensure substantial compliance with the provisions of this section; (3) monitor compliance with the requirements of this section; and (4) compile such information as is necessary to evaluate the success of next-step plans and report annually, by December 15, to the legislative education study committee and the governor. H. Once a student has entered ninth grade, the graduation requirements shall not be changed for that student from the requirements specified in the law at the time the student entered ninth grade. I. For students entering the ninth grade beginning in the 2009-2010 school year, at least one of the units required for graduation shall be earned as an advanced placement or honors course, a dual-credit course offered in cooperation with an institution of higher education or a distance learning course. J. The department shall establish a procedure for students to be awarded credit through completion of specified career technical education for certain graduation requirements, and districts may choose to allow students who successfully complete an industry-recognized credential, certificate or degree to receive additional weight in the calculation of the student's grade point average. K. Successful completion of the requirements of the New Mexico diploma of excellence shall be required for graduation for students entering the ninth grade beginning in the 2009-2010 school year. Successful completion of a minimum of twenty-four units aligned to the state academic content and performance standards shall be required to earn a New Mexico diploma of excellence. These units shall be as follows: (1) four units in English, with major emphasis on grammar, nonfiction writing and literature; provided that department-approved work-based training or career and technical education courses that meet state English academic content performance standards shall qualify as one of the four required English units; (2) four units in mathematics, of which one shall be the equivalent to or higher than the level of algebra 2, unless the parent submitted written, signed permission for the student to complete a lesser mathematics unit; and provided that a financial literacy course or department-approved work-based training or career and technical education course that meets state mathematics academic content and performance standards shall qualify as one of the four required mathematics units; (3) three units in science, two of which shall have a laboratory component; provided that department-approved work-based training or career and technical education courses that meet state science academic content and performance standards shall qualify as one of the three required science units; (4) three and one-half units in social science, which shall include United States history and geography, world history and geography, government and economics and one-half unit of New Mexico history; (5) one unit in physical education, as determined by each school district or charter school, which may include a physical education program that meets state content and performance standards or participation in marching band, junior reserve officers' training corps or interscholastic sports sanctioned by the New Mexico activities association or any other co-curricular physical activity; (6) one unit in one of the following: a career cluster course, workplace readiness or a language other than English; and (7) seven and one-half elective units that meet department content and performance standards. Career and technical education courses shall be offered as an elective. Student service learning shall be offered as an elective. Financial literacy shall be offered as an elective. Pre-apprenticeship programs may be offered as electives. Media literacy may be offered as an elective. L. For students entering the eighth grade in the 2012-2013 school year, one-half unit in health education is required prior to graduation. Health education may be required in either middle school or high school, as determined by the school district or charter school. Health education courses shall include: (1) age-appropriate sexual abuse and assault awareness and prevention training that meets department standards developed in consultation with the federal centers for disease control and prevention that are based on evidence-based methods that have proven to be effective; and (2) lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the: (a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district or charter school that the school district or charter school determines to be eligible to offer instruction pursuant to this paragraph; and (b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish. M. For students entering the ninth grade in the 2017-2018 school year and subsequent school years: (1) one of the units in mathematics required by Paragraph (2) of Subsection K of this section may comprise a computer science course if the course is not used to satisfy any part of the requirement set forth in Paragraph (3) of that subsection; and (2) one of the units in science required by Paragraph (3) of Subsection K of this section may comprise a computer science course if the course is not used to satisfy any part of the requirement set forth in Paragraph (2) of that subsection. N. Final examinations shall be administered to all students in all classes offered for credit. O. Beginning with students entering the ninth grade in the 2025-2026 school year, successful completion of a minimum of twenty-four units aligned to the state academic content and performance standards shall be required for graduation and the award of a diploma of excellence. These units shall be as follows: (1) four units in English, which shall include a three-unit sequence; provided that department-approved work-based learning, career technical education or English language development courses that meet state English or English language development academic content and performance standards may qualify as required English units; (2) four units in mathematics, two of which shall include a sequence of algebra 1 and geometry or another integrated pathway of mathematics equivalent to algebra 1 and geometry; provided that financial literacy courses or department-approved work-based learning or career technical education courses that meet state mathematics academic content and performance standards may qualify as required mathematics units; and provided further that algebra 2 shall be offered as a mathematics course; (3) three units in science, two of which shall have a laboratory component; provided that department-approved work-based learning or career technical education courses that meet state science academic content and performance standards may qualify as required science units; (4) four units in social science, which shall include United States history and geography, which course content contains New Mexico history; government and economics and personal financial literacy, which course content contains civics; and world history and geography; (5) one unit in physical education, as determined by the school district or charter school, which may include a physical education program that meets state academic content and performance standards or participation in marching band, dance programs, junior reserve officers' training corps or interscholastic sports sanctioned by the New Mexico activities association or any other co-curricular physical activity; (6) one-half unit in health education; provided that this one-half unit may be earned in either middle or high school; (7) five and one-half elective units that meet department academic content and performance standards and that shall include a two-unit pathway concentration of the student's choice in a language other than English, including American sign language; fine arts; health; military career preparation; a career technical education program; or community or service learning, a capstone course or work-based learning; provided that financial literacy, computer science, student service learning, career technical education courses and a sequence of languages other than English shall be offered as electives; and provided further that media literacy and pre-apprenticeship programs may be offered as electives; and (8) two units set by each local school board or governing body of a charter school that meet department academic content and performance standards. P. If a high school student who has taken one or both units provided in Paragraph (8) of Subsection O of this section moves from one school district or charter school to another, the receiving school district or charter school shall accept those earned units toward the student's graduation. Q. For students entering the ninth grade in the 2025-2026 school year, one-half unit of health education is required prior to graduation. Health education courses shall include: (1) age-appropriate sexual abuse and assault awareness and prevention training that meets department standards developed in consultation with the federal centers for disease control and prevention that are based on evidence-based methods that have proven to be effective; and (2) lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the: (a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district that the school district determines to be eligible to offer instruction pursuant to this paragraph; and (b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish. R. Nothing in the minimum graduation requirements specified in Subsection O of this section affects: (1) a school district's or charter school's authority to require more units for graduation than provided in this section; or (2) a student's opportunity to take advanced placement or honors courses, international baccalaureate courses or distance learning courses offered by the public school or dual credit courses offered in cooperation with institutions of higher education. S. Subject to the department's academic content and performance standards and other provisions of this section, every school district and charter school shall develop a graduate profile: (1) that is specific to each community; (2) that articulates the core academic competencies and subjects that are key to graduates' post-high-school success; and (3) to which required units are aligned. T. Units earned in health, algebra 1 and geometry prior to enrolling in high school shall satisfy unit requirements required to earn a New Mexico diploma of excellence. U. The department shall adopt and promulgate rules to implement graduation requirements by no later than December 31, 2024. The rules shall include revisions to expand course offerings so that students have access to a range of rigorous academic options and career technical education courses and to establish guidance for the development of graduate profiles. V. As used in this section: (1) "capstone course" means a multifaceted academic and intellectual experience that may take a wide variety of forms and that culminates in a final product, performance or presentation explaining how the final product, performance or presentation explicates the chosen course to an evaluation panel convened by the public school to evaluate the quality of course and the final product, performance or presentation; (2) "career technical education" means organized programs offering a sequence of courses, including technical education and applied technology education, that are directly related to the preparation of students for paid or unpaid employment in current or emerging occupations requiring an industry-recognized credential, certificate or degree; (3) "career technical education course" means a course with content that provides technical knowledge, skills and competency-based applied learning and that aligns with educational standards and expectations as defined in rule; (4) "career cluster" means a grouping of occupations in industry sectors based on recognized commonalities that provide an organizing tool for developing instruction within the educational system; (5) "career pathways" means a sub-grouping used as an organizing tool for curriculum design and instruction of occupations and career specialities that share a set of common knowledge and skills for career success; (6) "final next-step plan" means a next-step plan that shows that the student has committed or intends to commit in the near future to a four-year college or university, a two-year college, a trade or vocational program, an internship or apprenticeship, military service or a job; (7) "graduate profile" means a document that a school district or charter school uses to specify the cognitive, personal and interpersonal competencies that students should have when they graduate; (8) "interim next-step plan" means an annual next-step plan in which the student specifies post-high-school goals and sets forth the coursework that will allow the student to achieve those goals; and (9) "next-step plan" means an annual personal written plan of studies developed by a student in a public school or other state-supported school or institution in consultation with the student's parent and school counselor or other school official charged with coursework planning for the student that includes one or more of the following: (a) advanced placement, international baccalaureate or honors courses; (b) dual-credit courses offered in cooperation with an institution of higher education; (c) distance learning courses; (d) career technical education or work-based learning courses; and (e) pre-apprenticeship programs. W. The secretary may establish a policy to provide for administrative interpretations to clarify curricular and testing provisions of the Public School Code [Chapter 22 NMSA 1978]. 1978 Comp., § 22-2-8.4, enacted by Laws 1986, ch. 33, § 5; 1987, ch. 320, § 2; 1988, ch. 105, § 2; 1989, ch. 220, § 1; 1990 (1st S.S.), ch. 3, § 3; 1993, ch. 68, § 3; 1993, ch. 92, § 1; 1993, ch. 226, § 7; 1993, ch. 230, § 1; 1995, ch. 174, § 1; 1995, ch. 180, § 1; 1997, ch. 234, § 2; 2001, ch. 257, § 1; 2001, ch. 276, § 1; recompiled and amended as § 22-13-1.1 by Laws 2003, ch. 153, § 58; 2004, ch. 29, § 1; 2005, ch. 314, § 1; 2005, ch. 315, § 10; 2007, ch. 305, § 1; 2007, ch. 307, § 8; 2007, ch. 308, § 8; 2008, ch. 21, § 2; 2009, ch. 256, § 1; 2009, ch. 267, § 2; 2009, ch. 268, § 1; 2010, ch. 25, § 1; 2010, ch. 110, § 1; 2014, ch. 9, § 3; 2014, ch. 70, § 1; 2014, ch. 71, § 1; 2015, ch. 60, § 1; 2016, ch. 17, § 2; 2016, ch. 18, § 2; 2017, ch. 144, § 1; 2019, ch. 148, § 1; 2024, ch. 2, § 1.

NMSA 1978, § 22-13-1.3 Reading initiative; design

22-13-1.3. Reading initiative; design A. The department shall design and implement a statewide reading initiative to improve reading proficiency in the state. The design of the reading initiative shall be based upon quality, scientifically based reading research that has been shown to improve reading proficiency and shall include the following: (1) consistent assessment and evaluation of student reading levels; (2) appropriate professional staff development to assist licensed school employees in the instruction of reading; (3) extra time in the student's day or year for implementation of reading programs; (4) rewards provided to teachers and other applicable licensed school employees in public schools that improve student reading proficiency; and (5) criteria for public schools to establish an individualized reading plan for students who fail to meet grade level reading proficiency standards. B. The department shall use national experts to work with the department to develop an immediate reading initiative and a long-term plan for sustained reading improvement. C. The department shall involve school district personnel, especially licensed elementary reading specialists, parents and other interested persons in the design of the reading initiative. Laws 2000 (2nd S.S.), ch. 14, § 1; 2001, ch. 289, § 1; 1978 Comp., § 22-2-6.11, recompiled and amended as § 22-13-1.3 by Laws 2003, ch. 153, § 60.

NMSA 1978, § 22-13-1.4 Honors or similar classes in mathematics and language arts; dual credit courses; languages other than English

22-13-1.4. Honors or similar classes in mathematics and language arts; dual credit courses; languages other than English A. Beginning with the 2006-2007 school year, each school district shall offer at least one honors or similar academically rigorous class each in mathematics and language arts in each high school. B. Beginning in the 2008-2009 school year, each school district shall also offer a program of courses for dual-credit, in cooperation with an institution of higher education, and a program of distance learning courses. C. Beginning with the 2009-2010 school year, each school district shall offer at least two years of a language other than English in each high school. Laws 2005, ch. 78, § 1; 2007, ch. 307, § 9; 2007, ch. 308, § 9.

NMSA 1978, § 22-13-1.5 Core curriculum framework; purpose; curriculum

22-13-1.5. Core curriculum framework; purpose; curriculum A. School districts and charter schools may create core curriculum frameworks to provide high quality curricula in kindergarten through grade six to prepare students for pre-advanced placement and advanced placement coursework in grades seven through twelve. B. The framework shall include: (1) a curriculum that is aligned with state academic content and performance standards that is challenging, specific as to content and sequential from grade to grade, similar to a core curriculum sequence; (2) in-depth professional development for teachers that includes vertical teaming in content areas; and (3) content, materials and instructional strategies or methodologies that current research demonstrates are likely to lead to improved student achievement in pre-advanced placement and advanced placement coursework in grades seven through twelve. C. The framework may be selected from previously developed curricula or may be developed by the school district or charter school. D. A school district or charter school that meets department eligibility requirements may apply to the department for support of its core curriculum framework. Applications shall be in the form prescribed by the department and shall include the following information: (1) a statement of need; (2) goals and expected outcomes of the framework; (3) a detailed description of the curriculum to be implemented; (4) a detailed work plan and budget for the framework; (5) documentation of the research upon which the anticipated success of the framework is based; (6) a description of any partnership proposed to implement the framework, supported by letters of commitment from the partner; (7) an evaluation plan; and (8) any other information that the department requires. E. The department shall award grants within ninety days of the deadline for receipt of grant applications. F. The department shall adopt and promulgate rules to implement the provisions of this section. Laws 2005, ch. 300, § 1.

NMSA 1978, § 22-13-1.6 Uniform grade and subject curricula; professional department [development]

22-13-1.6. Uniform grade and subject curricula; professional department [development] A. Each school district shall align its curricula to meet the state standards for each grade level and subject area so that students who transfer between public schools within the school district receive the same educational opportunity within the same grade or subject area. B. Each school district's aligned grade level and subject area curricula shall be in place as follows: (1) for mathematics, by the 2008-2009 school year; and (2) for language arts and science, by the 2009-2010 school year. C. Professional development relating to curricula for classroom teachers and educational assistants shall be aligned with state standards by each school district. Laws 2007, ch. 178, § 1.

NMSA 1978, § 22-13-1.7 Elementary physical education

22-13-1.7. Elementary physical education A. As used in this section: (1) "eligible students" means students in kindergarten through grade six in a public school classified by the department as an elementary school; and (2) "physical education" includes programs of education through which students participate in activities related to fitness education and assessment; active games and sports; and development of physical capabilities such as motor skills, strength and coordination. B. Elementary physical education programs that serve eligible students are eligible for funding if those programs meet academic content and performance standards for elementary physical education programs. C. In granting approval for funding of elementary physical education programs, the department shall provide that programs are first implemented in public schools that have the highest proportion of students most in need based on the percentage of students eligible for free or reduced-fee lunch or grade-level schools that serve an entire school district and in public schools with available space. If the department determines that an elementary physical education program is not meeting the academic content and performance standards for elementary physical education programs, the department shall notify the school district that the public school's failure to meet the academic content and performance standards will result in the cessation of funding for the following school year. The department shall compile the program results submitted by the school districts each year and make an annual report to the legislative education study committee and the legislature. D. An elementary physical education program that receives state financial support shall: (1) provide for the physical education needs of students defined in this section; and (2) use teachers with a license endorsement for physical education. The department shall annually determine the programs and the consequent number of students in elementary physical education that will receive state financial support in accordance with funding available in each school year. Laws 2007, ch. 348, § 3; 2017, ch. 65, § 2.

NMSA 1978, § 22-13-3 Early childhood education programs required

22-13-3. Early childhood education programs required A. In accordance with state board [department] regulations, every local school board shall establish and conduct early childhood education programs. B. The state board [department] shall adopt and promulgate regulations providing for: (1) minimum standards for the conduct of early childhood education programs; and (2) qualifications of any person teaching in those programs. C. The cost of operating early childhood education programs shall be included in the budget prepared for the school district. D. As used in this section, "early childhood education programs" means kindergarten programs for every child who has attained his fifth birthday prior to September 1 of the school year, except for those children who are eligible for and participating in federal headstart programs in any class B county with a population in excess of ninety-five thousand, established by a local school board for the development or enrichment of persons within the school district. E. The provisions of this section shall be effective with the 1988-89 school year, and waivers may be granted upon the request of the parent or legal guardian pursuant to Section 22-12-2 NMSA 1978. 1953 Comp., § 77-11-2, enacted by Laws 1967, ch. 16, § 181; reenacted by 1973, ch. 357, § 1; 1974, ch. 8, § 20; 1977, ch. 2, § 2; 1986, ch. 33, § 29; 1987, ch. 320, § 6; 1988, ch. 35, § 1; 1993, ch. 226, § 29.

NMSA 1978, § 22-13-3.1 Even start family literacy program; created; guidelines; benchmarks, performance standards and evaluations

22-13-3.1. Even start family literacy program; created; guidelines; benchmarks, performance standards and evaluations A. The "even start family literacy program" is created in the department to provide funding for preschool reading readiness and parenting education. The purpose of the program is to support the educational and developmental needs of students in preschool; address cultural diversity; and provide family support that leads to improved literacy, improved ability for students to succeed in school and economic self-sufficiency. Priority for funding shall be provided to those public schools that have the highest proportion of limited English proficient students, students living in poverty and Native American students. B. The department shall develop even start family literacy program benchmarks and performance standards, guidelines for program approval and funding approval criteria. The department shall disseminate the program information in all public schools and shall provide technical assistance to public schools in developing proposals. C. The department shall distribute money to public schools with approved even start family literacy programs that meet the specified criteria based upon actual program costs to ensure the implementation of performance based budgeting measures. Laws 2001, ch. 168, § 1; 2017, ch. 65, § 3.

NMSA 1978, § 22-13-3.2 Full-day kindergarten programs

22-13-3.2. Full-day kindergarten programs A. The state board [department] shall adopt rules for the development and implementation of child-centered and developmentally appropriate full-day kindergarten programs. Establishment of full-day kindergarten programs shall be voluntary on the part of school districts and student participation shall be voluntary on the part of parents. B. The department of education [public education department] shall require schools with full-day kindergarten programs to conduct age-appropriate assessments to determine the placement of students at instructional level and the effectiveness of child-centered, developmentally appropriate kindergarten. C. The department of education [public education department] shall monitor full-day kindergarten programs and ensure that they serve the children most in need based upon indicators in the at-risk index. If the department of education [public education department] determines that a program is not meeting the benchmarks necessary to ensure the progress of students in the program, the department of education [public education department] shall notify the school district that failure to meet the benchmarks shall result in the cessation of funding for the following school year. The department of education [public education department] shall compile the program results submitted by the school districts and make an annual report to the legislative education study committee and the legislature. D. Full-day kindergarten programs shall be phased in over a five-year period as follows with priority given to those school districts that serve children in schools with the highest proportion of students most in need based upon indicators in the at-risk index or that serve children by means of grade-level schools that serve an entire school district: (1) effective with the 2000-2001 school year, one-fifth of New Mexico's kindergarten classes may be full day; (2) effective with the 2001-2002 school year, two-fifths of New Mexico's kindergarten classes may be full day; (3) effective with the 2002-2003 school year, three-fifths of New Mexico's kindergarten classes may be full day; (4) effective with the 2003-2004 school year, four-fifths of New Mexico's kindergarten classes may be full day; and (5) effective with the 2004-2005 school year, all of New Mexico's kindergarten classes may be full day. E. School districts shall apply to the department of education [public education department] to receive funding for full-day kindergarten programs. In granting approval for funding of full-day kindergarten programs, the department of education [public education department] shall ensure that full-day kindergarten programs are first implemented in schools that have the highest proportion of students most in need based upon the at-risk index and in schools with available classroom space. Laws 2000, ch. 107, § 3; 2001, ch. 296, § 1; 1978 Comp., § 22-2-19, recompiled as § 22-13-3.2 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-13-3.3 Short title

22-13-3.3. Short title Sections 1 through 5 [22-13-3.3 to 22-13-3.7 NMSA 1978] of this act may be cited as the "Literacy For Children At Risk Act". Laws 1989, ch. 113, § 1; 1978 Comp., § 22A-1-1, recompiled as § 22-13-3.3 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-13-3.4 Purpose

22-13-3.4. Purpose The purpose of the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978] is to promote greater literacy among children. Laws 1989, ch. 113, § 2; 1978 Comp., § 22A-1-2, recompiled as § 22-13-3.4 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-13-3.5 Definitions

22-13-3.5. Definitions As used in the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978]: A. "child at risk" means a child who attends public school in New Mexico and whose reading, writing or math literacy level, as determined by his school district, falls in the forty-ninth percentile or lower; and B. "department" means the state department of public education. Laws 1989, ch. 113, § 3; 1978 Comp., § 22A-1-3, recompiled as § 22-13-3.5 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-13-3.6 Literacy for children at risk fund created; administration of fund

22-13-3.6. Literacy for children at risk fund created; administration of fund A. There is created in the state treasury a fund that shall be designated as the "literacy for children at risk fund" that shall be used to set up learning laboratories for the purpose of improving the reading, writing or math literacy level of any child at risk. B. The literacy for children at risk fund shall be eligible to receive funds from sources that include, but are not limited to, the following: (1) appropriations; (2) grants, public and private; and (3) gifts, public and private. All funds received by the department for the literacy for children at risk fund shall be used only to carry out the purposes of the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978]. Laws 1989, ch. 113, § 4; 1978 Comp. § 22A-1-4, recompiled as § 22-13-3.6 by Laws 2003, ch. 153, § 72.

NMSA 1978, § 22-13-3.7 Disbursement of funds; approved projects

22-13-3.7. Disbursement of funds; approved projects A. Any school district or state-chartered charter school may apply for a grant from the literacy for children at risk fund for the purpose of acquiring, equipping and staffing a learning laboratory. B. The department shall adopt rules setting forth the criteria that a school district or state-chartered charter school shall meet in order to qualify for a grant from the literacy for children at risk fund. The criteria to qualify for a grant shall include, but are not limited to, the following: (1) the learning laboratory shall improve the reading, writing or math literacy levels of children at risk by at least one grade level per year, as demonstrated to the department's satisfaction; (2) the learning laboratory shall encompass the teaching of children in kindergarten through grade twelve who are reading below grade level; (3) the learning laboratory shall have reading diagnostic capabilities; and (4) the learning laboratory shall have the capability to self-monitor the performance of both the learning laboratory and the children at risk using the laboratory. C. The amount of any grant awarded under Subsections A and B of this section shall be equal to eighty percent of the total cost of acquiring, equipping and staffing a learning laboratory. Any grant awarded is contingent upon the qualifying school district or state-chartered charter school demonstrating to the department's satisfaction that it can pay for twenty percent of the total cost of the learning laboratory. D. Any school district or state-chartered charter school that establishes a learning laboratory under this section may use the laboratory for any other reading, writing or math literacy program when it is not in use for the purposes of the Literacy For Children At Risk Act [22-13-3.3 to 22-13-3.7 NMSA 1978]. E. The department, after approving the application of a school district or state-chartered charter school to receive a grant under the Literacy For Children At Risk Act, shall authorize a disbursement of funds, in an amount equal to the grant, from the literacy for children at risk fund directly to the approved school district or charter school. Laws 1989, ch. 113, § 5; 1978 Comp. § 22A-1-4, recompiled as § 22-13-3.7 by Laws 2003, ch. 153, § 72; 2006, ch. 94, § 46.

NMSA 1978, § 22-13-5 Special education

22-13-5. Special education School districts shall provide special education and related services appropriate to meet the needs of students requiring special education and related services. Rules and standards shall be developed and established by the department for the provision of special education in the schools and classes of the public school system in the state and in all institutions wholly or partly supported by the state. The department shall monitor and enforce the rules and standards. School districts shall also provide services for three-year-old and four-year-old preschool children with disabilities, unless the parent or guardian chooses not to enroll the child. Services for students age three through twenty-one may include, but are not limited to, evaluating particular needs, providing learning experiences that develop cognitive and social skills, arranging for or providing related services as defined by the department and providing parent education. The services may be provided by licensed school employees or contracted for with other community agencies and shall be provided in age-appropriate, integrated settings, including home, daycare centers, head start programs, schools or community-based settings. 1953 Comp., § 77-11-3, enacted by Laws 1967, ch. 16, § 182; 1969, ch. 256, § 1; reenacted by 1972, ch. 95, § 1; 1978, ch. 211, § 11; 1985, ch. 7, § 1; 1985, ch. 93, § 2; 1989, ch. 135, § 1; 1995, ch. 69, § 2; 2011, ch. 166, § 1.

NMSA 1978, § 22-13-6.1 Gifted children; determination

22-13-6.1. Gifted children; determination A. The department shall adopt standards pertaining to the determination of who is a gifted child and shall publish those standards as part of the educational standards for New Mexico schools. B. In adopting standards to determine who is a gifted child, the department shall provide for the evaluation of selected school-age children by multidisciplinary teams from each child's school district. That team shall be vested with the authority to designate a child as gifted. The team shall consider information regarding a child's cultural and linguistic background and socioeconomic background in the identification, referral and evaluation process. The team also shall consider any disabling condition in the identification, referral and evaluation process. C. Each school district offering a gifted education program shall create one or more advisory committees of parents, community members, students and school staff members. The school district may create as many advisory committees as there are high schools in the district or may create a single districtwide advisory committee. The membership of each advisory committee shall reflect the cultural diversity of the enrollment of the school district or the schools the committee advises. The advisory committee shall regularly review the goals and priorities of the gifted program, including the operational plans for student identification, evaluation, placement and service delivery and shall demonstrate support for the gifted program. D. In determining whether a child is gifted, the multidisciplinary team shall consider diagnostic or other evidence of the child's: (1) creativity or divergent-thinking ability; (2) critical-thinking or problem-solving ability; (3) intelligence; and (4) achievement. 1978 Comp., § 22-13-6.1, enacted by Laws 1994, ch. 25, § 2; 2005, ch. 25, § 1.

NMSA 1978, § 22-13-12 Approved driver-education courses

22-13-12. Approved driver-education courses A. The state board [department] or its designated representative shall adopt and promulgate minimum standards for approved driver-education and motorcycle driver-education courses taught in any school in the state. B. A driver-education or motorcycle driver-education course shall provide to students legally entitled to operate the type of motor vehicle involved, classroom instruction and behind-the-wheel or on-the-motorcycle training in the safe operation of the motor vehicle. C. An approved driver-education or motorcycle driver-education course is a course of instruction certified by the state superintendent [secretary] as meeting the minimum standards for such a driver-education course adopted by the state board [department] or its designated representative. 1953 Comp., § 77-11-7, enacted by Laws 1967, ch. 16, § 186; 1973, ch. 381, § 4.

NMSA 1978, § 22-13-13 School lunch program

22-13-13. School lunch program A. The state board [department] shall prescribe standards and regulations for the establishment and operation of school lunch programs in the state. The department of education [public education department] shall provide technical advice and assistance to any school district in connection with the establishment or operation of a school lunch program. B. A local school board may accept gifts or grants for use in connection with a school lunch program in the school district. C. A "school lunch program" means a program under which lunches are served by a public school in the state on a nonprofit basis to students attending the school. 1953 Comp., § 77-11-8, enacted by Laws 1967, ch. 16, § 187.

NMSA 1978, § 22-13-13.1 Temporary provision; food and beverages sold outside of school meal programs

22-13-13.1. Temporary provision; food and beverages sold outside of school meal programs The public education department, in collaboration with the department of health and one representative each from the New Mexico action for healthy kids, parents, students, school food service directors, school boards, school administrators, agriculture, dairy producers and the food and beverage industry, shall adopt rules no later than December 31, 2005 governing foods and beverages sold in all public schools to students outside of federal department of agriculture school meal programs. The rules shall, at a minimum, address nutrition standards, portion sizes and times when students may access these items. Nothing in this section shall be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers or groups when the items are intended for sale off the school campus. Laws 2005, ch. 115, § 1.

NMSA 1978, § 22-13-13.2 Breakfast program required; waiver; distribution of funds

22-13-13.2. Breakfast program required; waiver; distribution of funds A. School districts and charter schools shall establish a "breakfast after the bell program" to provide free breakfast, after the instructional day has begun, to all students attending a public school in which eighty-five percent or more of the enrolled students were eligible for free or reduced-price lunch under the National School Lunch Act during the prior school year. B. A school district or charter school that includes a public school in which fewer than eighty-five percent of the enrolled students were eligible for free or reduced-price lunch during the prior school year under the National School Lunch Act may establish a breakfast after the bell program to provide free breakfast, after the instructional day has begun, to all students attending that public school; provided that the program complies with all applicable department rules relating to the breakfast after the bell program authorized by this section. C. Nothing in this section shall be interpreted to prohibit a school that establishes a breakfast after the bell program under the provisions of Subsection A or B of this section from beginning breakfast service before the start of the instructional day; provided that the school also serves breakfast after the beginning of the instructional day in the location of its choice, including the cafeteria, classroom, on the bus, or by providing a hand-carried breakfast. D. The school district or charter school may apply to the department for a waiver of the breakfast after the bell program required under the provisions of Subsection A of this section if the school district or charter school can demonstrate that providing the program will result in undue financial hardship for the school district or charter school. E. The department shall award funding to each school district or charter school that establishes a breakfast after the bell program under the provisions of this section for providing free breakfast to students on a per-meal basis at the federal maximum rate of reimbursement as set forth annually by the federal secretary of agriculture for educational grants awarded under the authority of the secretary. School districts and charter schools do not need to demonstrate their expenses to receive funding pursuant to this section. F. Disbursements for the breakfast after the bell program shall be paid in sequential order, until the state breakfast after the bell funds are exhausted. School districts and charter schools whose public schools have the highest percentage of enrolled students eligible for free or reduced-price lunch under the National School Lunch Act shall be paid first. School districts and charter schools whose public schools have the lowest percentage of enrolled students eligible for free or reduced-price lunch under the National School Lunch Act shall be paid last. G. By June 15 of each year, each school district and charter school seeking state breakfast after the bell funds shall submit to the department the following information: (1) the number of breakfasts served at no charge by each of its public schools during the previous school year; and (2) the federal reimbursement rate for each breakfast served. H. When calculating the amount of breakfast after the bell program funding that is due a public school, the department shall assume that student participation will remain at the same level as the previous year. If a school district or charter school has not previously received state breakfast after the bell funding, the department shall assume that ninety percent of the student population of an eligible public school will participate in the breakfast after the bell program and shall fund the public school's program accordingly. I. By August 1 of each year, the department shall inform eligible school districts and charter schools of the amount of breakfast after the bell funding they will receive during the upcoming school year. J. The department shall promulgate rules necessary for implementation of this section, including: (1) standards for breakfast after the bell programs that meet federal school breakfast program standards; (2) procedures for waiver requests and the award of waivers as provided for in Subsection D of this section, including what constitutes financial hardship; and (3) procedures for funding school districts and charter schools. K. The provisions of this section apply to the 2014-2015 and succeeding school years; provided, however, that the breakfast after the bell program for middle and high school students shall begin the first school year after the legislature provides funding for that portion of the program. Laws 2011, ch. 35, § 5; 2014, ch. 16, § 1; 2016, ch. 26, § 1.

NMSA 1978, § 22-13-14 Emergency drills; requirement

22-13-14. Emergency drills; requirement A. An emergency drill shall be conducted in each public and private school of the state at least once each week during the first four weeks of the school year. During the first four weeks of the school year, each school shall conduct one shelter in place drill that includes preparation to respond to an active shooter, one evacuation drill and two fire drills. During the rest of the school year, each school shall conduct at least four more emergency drills, at least two of which shall be fire drills. It shall be the responsibility of the person in charge of a school to carry out the provisions of this section. B. In locations where a fire department is maintained, a member of the fire department shall be requested to be in attendance during the emergency drills for the purpose of giving instruction and constructive criticism. C. The department shall determine penalties for any person failing to meet the provisions of this section. 1953 Comp., § 77-11-9, enacted by Laws 1967, ch. 16, § 188; 1979, ch. 81, § 1; 2005, ch. 27, § 1; 2019, ch. 158, § 1.

NMSA 1978, § 22-13-15 Public school instruction; prohibition; penalty

22-13-15. Public school instruction; prohibition; penalty A. No person shall teach sectarian doctrine in a public school. B. Any person violating the provisions of this section by teaching sectarian doctrine in a public school shall be immediately discharged from further employment with a school district. The provisions of Sections 22-10-17 through 22-10-20 NMSA 1978 relating to the discharge of certified school personnel apply to this section. 1953 Comp., § 77-11-10, enacted by Laws 1967, ch. 16, § 189.

NMSA 1978, § 22-13-16 Private school programs; solicitations; permit; penalty

22-13-16. Private school programs; solicitations; permit; penalty A. It is unlawful for any private school, or its agent, to canvass a prospective student in New Mexico for the purpose of selling to the student a scholarship or collecting tuition from the student in advance of the date for registration for the school without first obtaining a permit from the state board [department]. This shall not be construed to prevent canvassing by schools for prospective students where no scholarship is sold or where no fee for tuition is collected in advance of registration. This shall also not be construed to prevent a school from advertising. B. To obtain a permit as required by this section, an application shall be filed with the state board [department], signed by an authorized representative of the school, accompanied by any reasonable fee required by the state board and containing the following: (1) the name and location of the school seeking the permit; (2) the number of instructors employed by the school; (3) the courses of instruction offered by the school; and (4) any additional information required by the state board [department]. C. The state board may revoke, at any time, any permit issued by it for satisfactory cause. D. Any person violating any provisions of this section is guilty of a petty misdemeanor. 1953 Comp., § 77-11-11, enacted by Laws 1967, ch. 16, § 190.

NMSA 1978, § 22-13-25 Academic competitions

22-13-25. Academic competitions Each public school in each conference shall provide academic competitions similar to its athletic competitions. A student who participates in an academic competition shall qualify for an academic letter in the subject in which he competes. Academic competitions between schools shall be governed by the New Mexico activities association. Laws 2001, ch. 70, § 1.

NMSA 1978, § 22-13-26 Youth programs established

22-13-26. Youth programs established The children, youth and families department, the state department of public education [public education department], the department of health, the human services department [health care authority department] and the labor department shall each contract for programs, subject to appropriations provided for that purpose, funded through a public-private partnership, for community-based after-school and other prevention programs and services for youth. Each department shall ensure, prior to contracting for services, that private matching funding is available and committed for the purpose of the contract. Laws 2003, ch. 161, § 1.

NMSA 1978, § 22-13-29 Middle and high school literacy initiative

22-13-29. Middle and high school literacy initiative A. School districts and charter schools may create comprehensive, coordinated middle and high school literacy initiatives to provide scientifically based literacy programs to improve the reading and writing proficiency of students in grades six through twelve. B. The design of a middle and high school literacy initiative shall be based upon scientific research that shows that using the methods and materials proposed is effective in improving reading proficiency beyond the primary grades and shall include, at a minimum: (1) instruction in nonfiction writing; (2) ongoing teacher and school administrator professional development equal to that which was validated in the supporting research; (3) use of student assessment data to guide and individualize instruction; and (4) a rigorous and thorough evaluation component. C. A middle and high school literacy initiative shall also incorporate some or all of the following elements: (1) direct, explicit comprehension instruction; (2) teacher teams, including language arts and content area instructors who implement mutually reinforcing practices; (3) strategies to encourage motivation and self-directed learning; (4) text-based collaborative learning by groups of students; (5) strategic tutoring; (6) diverse texts; (7) a technology component; and (8) extended time for literacy. D. School districts and charter schools that meet department eligibility requirements may apply to the department for awards from the public school reading proficiency fund for support for their middle and high school literacy initiatives. Applications shall be in a form prescribed by the department. Laws 2007, ch. 307, § 10 and Laws 2007, ch. 308, § 10.

NMSA 1978, § 22-13-30 Vision screening

22-13-30. Vision screening A school nurse or the nurse's designee, a primary care health provider or a lay eye screener shall administer a vision screening test for students enrolled in the school in pre-kindergarten, kindergarten, first grade and third grade and for transfer and new students in those grades, unless a parent affirmatively prohibits the visual screening. Laws 2007, ch. 353, § 2 and Laws 2007, ch. 357, § 2.

NMSA 1978, § 22-13-31 Brain injury; protocols to be used by coaches for brain injuries received by students in school athletic activities; training of coaches and student athletes; information to be provided to coaches, student athletes and student athletes' parents or guardians; requiring acknowledgment of training and information; nonscholastic youth athletic activity on school district property; brain injury protocol compliance; certification

22-13-31. Brain injury; protocols to be used by coaches for brain injuries received by students in school athletic activities; training of coaches and student athletes; information to be provided to coaches, student athletes and student athletes' parents or guardians; requiring acknowledgment of training and information; nonscholastic youth athletic activity on school district property; brain injury protocol compliance; certification A. A coach shall not allow a student athlete to participate in a school athletic activity on the same day that the student athlete: (1) exhibits signs, symptoms or behaviors consistent with a brain injury after a coach, a school official or a student athlete reports, observes or suspects that a student athlete exhibiting these signs, symptoms or behaviors has sustained a brain injury; or (2) has been diagnosed with a brain injury. B. A coach may allow a student athlete who has been prohibited from participating in a school athletic activity pursuant to Subsection A of this section to participate in a school athletic activity no sooner than two hundred forty hours from the hour in which the student athlete received a brain injury and only after the student athlete: (1) no longer exhibits any sign, symptom or behavior consistent with a brain injury; and (2) receives a written medical release from a licensed health care professional. C. Each school district shall ensure that each coach participating in school athletic activities and each student athlete in the school district receives training provided pursuant to Paragraph (1) of Subsection D of this section. D. The New Mexico activities association shall consult with the brain injury advisory council and school districts to promulgate rules to establish: (1) protocols and content consistent with current medical knowledge for training each coach participating in school athletic activities and each student athlete to: (a) understand the nature and risk of brain injury associated with athletic activity; (b) recognize signs, symptoms or behaviors consistent with a brain injury when a coach or student athlete suspects or observes that a student athlete has received a brain injury; (c) understand the need to alert appropriate medical professionals for urgent diagnosis or treatment; and (d) understand the need to follow medical direction for proper medical protocols; and (2) the nature and content of brain injury training and information forms and educational materials for, and the means of providing these forms and materials to, coaches, student athletes and student athletes' parents or guardians regarding the nature and risk of brain injury resulting from athletic activity, including the risk of continuing or returning to athletic activity after a brain injury. E. At the beginning of each academic year or the first participation in school athletic activities by a student athlete during an academic year, a school district shall provide a brain injury training and information form created pursuant to Subsection D of this section to a student athlete and the student athlete's parent or guardian. The school district shall receive signatures on the brain injury training and information form from the student athlete and the student athlete's parent or guardian confirming that the student athlete has received the brain injury training required by this section and that the student athlete and parent or guardian understand the brain injury information before permitting the student athlete to begin or continue participating in school athletic activities for that academic year. The form required by this subsection may be contained on the student athlete sport physical form. F. As a condition of permitting nonscholastic youth athletic activity to take place on school district property, the superintendent of a school district shall require the person offering the nonscholastic youth athletic activity to sign a certification that the nonscholastic youth athletic activity will follow the brain injury protocols established pursuant to Section 22-13-31.1 NMSA 1978. G. As used in this section: (1) "academic year" means any consecutive period of two semesters, three quarters or other comparable units commencing with the fall term each year; (2) "brain injury" means a body-altering physical trauma to the brain, skull or neck caused by, but not limited to, blunt or penetrating force, concussion, diffuse axonal injury, hypoxia-anoxia or electrical charge; (3) "licensed health care professional" means: (a) a practicing physician or physician assistant licensed pursuant to the Medical Practice Act; (b) a practicing osteopathic physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978]; (c) a practicing certified nurse practitioner licensed pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978]; (d) a practicing osteopathic physician assistant licensed pursuant to the Medical Practice Act; (e) a practicing psychologist licensed pursuant to the provisions of the Professional Psychologist Act [Chapter 61, Article 9 NMSA 1978]; (f) a practicing athletic trainer licensed pursuant to the provisions of the Athletic Trainer Practice Act [Chapter 61, Article 14D NMSA 1978]; or (g) a practicing physical therapist licensed pursuant to the Physical Therapy Act [61-12D-1 to 61-12D-19 NMSA 1978]; (4) "nonscholastic youth athletic activity" means an organized athletic activity in which the participants, a majority of whom are under nineteen years of age, are engaged in an athletic game or competition against another team, club or entity, or in practice or preparation for an organized athletic game or competition against another team, club or entity. "Nonscholastic youth athletic activity" does not include an elementary school, middle school, high school, college or university activity or an activity that is incidental to a nonathletic program; (5) "school athletic activity" means a sanctioned middle school, junior high school or senior high school function that the New Mexico activities association regulates; and (6) "student athlete" means a middle school, junior high school or senior high school student who engages in, is eligible to engage in or seeks to engage in a school athletic activity. Laws 2010, ch. 96 § 1; 2016, ch. 53, § 1; 2017, ch. 69, § 1; 2021, ch. 54, § 6.

NMSA 1978, § 22-13-31.1 Brain injury; protocols; training of coaches; brain injury education

22-13-31.1. Brain injury; protocols; training of coaches; brain injury education A. A coach shall not allow a youth athlete to participate in a youth athletic activity on the same day that the youth athlete: (1) exhibits signs, symptoms or behaviors consistent with a brain injury after a coach, a league official or a youth athlete reports, observes or suspects that a youth athlete exhibiting these signs, symptoms or behaviors has sustained a brain injury; or (2) has been diagnosed with a brain injury. B. A coach may allow a youth athlete who has been prohibited from participating in a youth athletic activity pursuant to Subsection A of this section to participate in a youth athletic activity no sooner than two hundred forty hours from the hour in which the youth athlete received a brain injury and only after the youth athlete: (1) no longer exhibits any sign, symptom or behavior consistent with a brain injury; and (2) receives a written medical release from a licensed health care professional. C. Each youth athletic league shall ensure that each coach participating in youth athletic activities and each youth athlete in the league receives training provided pursuant to Paragraph (1) of Subsection D of this section. D. The department of health shall consult with the brain injury advisory council to promulgate rules to establish: (1) protocols and content consistent with current medical knowledge for training each coach participating in youth athletic activities and each youth athlete to: (a) understand the nature and risk of brain injury associated with youth athletic activity; (b) recognize signs, symptoms or behaviors consistent with a brain injury when a coach or youth athlete suspects or observes that a youth athlete has received a brain injury; (c) understand the need to alert appropriate medical professionals for urgent diagnosis or treatment; and (d) understand the need to follow medical direction for proper medical protocols; and (2) the nature and content of brain injury training and information forms and educational materials for, and the means of providing these forms and materials to, coaches, youth athletes and youth athletes' parents or guardians regarding the nature and risk of brain injury resulting from youth athletic activity, including the risk of continuing or returning to youth athletic activity after a brain injury. E. At the beginning of each youth athletic activity season or the first participation in youth athletic activities by a youth athlete during a youth athletic activity season, a youth athletic league shall provide a brain injury training and information form created pursuant to Subsection D of this section to a youth athlete and the youth athlete's parent or guardian. The youth athletic league shall receive signatures on the brain injury training and information form from the youth athlete and the youth athlete's parent or guardian confirming that the youth athlete has received the brain injury training required by this section and that the youth athlete and parent or guardian understand the brain injury information before permitting the youth athlete to begin or continue participating in youth athletic activities for the athletic season or term of participation. F. As used in this section: (1) brain injury" means a body-altering physical trauma to the brain, skull or neck caused by blunt or penetrating force, concussion, diffuse axonal injury, hypoxia-anoxia or electrical charge; (2) "licensed health care professional" means: (a) a practicing physician or physician assistant licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978]; (b) a practicing osteopathic physician licensed pursuant to the Medical Practice Act; (c) a practicing certified nurse practitioner licensed pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978]; (d) a practicing osteopathic physician assistant licensed pursuant to the Medical Practice Act; (e) a practicing psychologist licensed pursuant to the provisions of the Professional Psychologist Act [Chapter 61, Article 9 NMSA 1978]; (f) a practicing athletic trainer licensed pursuant to the provisions of the Athletic Trainer Practice Act [Chapter 61, Article 14D NMSA 1978]; or (g) a practicing physical therapist licensed pursuant to the provisions of the Physical Therapy Act [61-12D-1 to 61-12D-19 NMSA 1978]; (3) "youth athlete" means an individual under nineteen years of age who engages in, is eligible to engage in or seeks to engage in a youth athletic activity; and (4) "youth athletic activity" means an organized athletic activity in which the participants, a majority of whom are under nineteen years of age, are engaged in an athletic game or competition against another team, club or entity, or in practice or preparation for an organized athletic game or competition against another team, club or entity. "Youth athletic activity" does not include an elementary school, middle school, high school, college or university activity or an activity that is incidental to a nonathletic program. Laws 2016, ch. 53, § 2; 2017, ch. 69, § 2; 2021, ch. 54, § 7.

NMSA 1978, § 22-13-31.2 Certification in cardiopulmonary resuscitation for coaches

22-13-31.2. Certification in cardiopulmonary resuscitation for coaches A. All licensed coaches employed by school districts shall have current certification in cardiopulmonary resuscitation. The department shall promulgate rules regarding the implementation of this section. The certification program shall include training regarding the use of automated external defibrillators. B. As used in this section, "school districts" includes charter schools. Laws 2023, ch. 178, § 1.

NMSA 1978, § 22-13-33 Appointing a point of contact person for certain students

22-13-33. Appointing a point of contact person for certain students A. As used in this section: (1) "foster care" means twenty-four-hour substitute care for a student placed away from the student's parents or guardians and for whom the children, youth and families department has placement and care responsibility, including placements in foster family homes, foster homes of relatives, group homes, emergency shelters, treatment foster homes, residential facilities, child care institutions and preadoptive homes. For the purposes of this section, a student is in foster care regardless of whether the foster care facility is licensed and payments are made by the state, tribal or local agency for the care of the student, whether adoption subsidy payments are being made prior to the finalization of an adoption or whether there is federal matching of any payments that are made; and (2) "involved in the juvenile justice system" means a student who has been referred to the children, youth and families department due to allegations that the student has committed a delinquent offense and voluntary or involuntary conditions have been imposed on the student, including a student who is participating in a diversion program, is under a consent decree or time waiver, is currently supervised by the children, youth and families department, has recently entered or left a juvenile or criminal justice placement or is on supervised release or parole. B. Each school district and charter school authorized by the department shall designate an individual to serve as a point of contact for students in foster care and students involved in the juvenile justice system. Charter schools authorized by school districts shall use the district's point of contact. Multiple school districts or charter schools authorized by the department may share a single designated point of contact with approval from the department and from the children, youth and families department. C. For students transferring into the school district or charter school authorized by the department, the point of contact person shall be responsible for: (1) ensuring that a student is immediately enrolled regardless of whether the records normally required for enrollment are produced by the last school the student attended or by the student; (2) ensuring that the enrolling school communicates with the last school attended by a transferring student to obtain relevant academic and other records within two business days of the student's enrollment; (3) ensuring that the enrolling school performs a timely transfer of credits that the student earned in the last school attended; and (4) collaborating with the education program staff in a juvenile or criminal justice placement and the educational decision maker appointed by the children's court to create and implement a plan for assisting the transition of a student to the school district or charter school authorized by the department to minimize disruption to the student's education. D. For students transferring out of the school district or charter school authorized by the department, the point of contact person shall be responsible for providing all records to the new school within two business days of receiving a request from the receiving school. E. For students in foster care, the point of contact person shall be responsible for: (1) complying with state policies and developing school district or charter school policies in collaboration with the children, youth and families department for: (a) best interest determinations about whether the student will remain in the school of origin; (b) transportation policies to ensure that students receive transportation to their school of origin if it is in their best interest to remain in the school of origin; and (c) dispute resolution; (2) convening or participating in best interest determination meetings in collaboration with the children, youth and families department pursuant to state policies and the school district's or charter school authorized by the department's policies; and (3) ensuring that transportation occurs to the student's school of origin pursuant to the school district's or charter school authorized by the department's policies and in compliance with state policies. F. For students in foster care and students involved in the juvenile justice system, the point of contact person shall be responsible for: (1) ensuring that a student has equal opportunity to participate in sports and other extracurricular activities, career and technical programs or other special programs for which the student qualifies; (2) ensuring that a student in high school receives timely and ongoing assistance and advice from counselors to improve the student's college and career readiness; (3) ensuring that a student receives all special education services and accommodations to which the student is entitled under state and federal law; (4) identifying school staff at each school site who can ensure that students are appropriately supported throughout their enrollment; (5) supporting communication among the school; the children, youth and families department; the student; the student's educational decision maker appointed by the children's court; caregivers; and other supportive individuals that the student identifies to ensure that the responsibilities listed in this subsection are implemented; and (6) ensuring that other school staff and teachers have access to training and resources about the educational challenges and needs of system-involved youth, including trauma-informed practices and the impact of trauma on learning. G. The children, youth and families department shall notify a school when a student in the school enters foster care or a student in foster care enrolls in a school. H. The student or the student's educational decision maker may notify a school that the student is involved in the juvenile justice system to obtain support and services from the point of contact. Laws 2017, ch. 64, § 1.

NMSA 1978, § 22-13-34 Purple star public schools program

22-13-34. Purple star public schools program A. The department shall develop a "purple star public schools program" that provides a mechanism for public schools to ease the transition of students of military families into new schools by providing academic, social and emotional support to those students or, for public schools not located near a military installation, those schools that want to recognize and celebrate military service and the accomplishments of active military and veterans. B. A public school that has students from active-duty military families may apply to the department to be a purple star public school by: (1) designating school staff as a point of contact for military-related students and their families and for the military; (2) providing professional development for point-of-contact staff; (3) including a page on its school website that features resources and information for military families; (4) describing the academic, social and emotional supports available to assist transitioning military students; and (5) submitting a resolution to the local school board supporting military students and the public school's application to become a purple star public school. C. A public school that does not have students from active-duty military families may apply to be a purple star public school by: (1) emphasizing the importance and honor of military service; (2) recognizing the service to the country and accomplishments of veterans, active-duty and reserve military and the national guard in their communities; (3) sponsoring special events recognizing military service; (4) celebrating students who have committed to serving in the military; and (5) submitting a resolution to the local school board supporting students of military families and the public school's application to become a purple star public school. Laws 2021, ch. 75, § 1.

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