HOUSE BILL 345
54th legislature - STATE OF NEW MEXICO - second session, 2020
Georgene Louis and D. Wonda Johnson
RELATING TO EARLY CHILDHOOD; CREATING A FUND TO PROVIDE FUNDING FOR LANGUAGE AND CULTURE DEVELOPMENT FOR NATIVE AMERICAN CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-29-1 NMSA 1978 (being Laws 2019, Chapter 48, Section 1) is amended to read:
"9-29-1. SHORT TITLE.--[Sections 1 through 12 of this act] Chapter 9, Article 29 NMSA 1978 may be cited as the "Early Childhood Education and Care Department Act"."
SECTION 2. A new section of the Early Childhood Education and Care Department Act is enacted to read:
"[NEW MATERIAL] NATIVE AMERICAN LANGUAGE AND CULTURE DEVELOPMENT FUND--CREATED--PURPOSES.--
A. The "Native American language and culture development fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. The fund is administered by the department, and money in the fund shall be expended only as provided by legislative appropriation. Money in the fund shall be expended by warrant of the secretary of finance and administration pursuant to vouchers signed by the assistant secretary for Native American early education and care or the assistant secretary's authorized representative.
B. The fund shall be used to provide funding for approved providers to administer Native American language and culture development programs provided to Native American children. The department shall promulgate rules to carry out the provisions of this section after consultation with the Indian education advisory council. The rules shall require approved providers that are not a Native American nation, tribe or pueblo to engage and consult with the nation, tribe or pueblo whose enrolled members are children being served by the approved provider.
C. When applying for a grant from the fund, an approved provider other than a Native American nation, tribe or pueblo shall include as part of the application a tribal resolution that allows the approved provider to provide language and culture developmental programming to the tribe's children subject to any conditions or restrictions the tribal resolution shall specify. The application shall also include a narrative on programming to be provided and ongoing tribal engagement and consultation activities planned to comply with this section.
D. As used in this section:
(1) "approved provider" means a Native American nation, tribe or pueblo located in New Mexico; a public school; or a private provider that meets the qualifications of the department; and
(2) "Native American child" means a Native American child under the age of five."
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