SB0193

SENATE BILL 193

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Linda M. Lopez and Patricia Roybal Caballero

AN ACT

RELATING TO PUBLIC EDUCATION IMPROVEMENTS; CREATING DIVISIONS IN THE PUBLIC EDUCATION DEPARTMENT TO FOCUS ON BILINGUAL AND MULTICULTURAL EDUCATION; PROVIDING POWERS AND DUTIES; ALIGNING THE BILINGUAL MULTICULTURAL EDUCATION, INDIAN EDUCATION AND HISPANIC EDUCATION DIVISIONS' DUTIES; CREATING ADVISORY BODIES; CREATING A FRAMEWORK; REQUIRING ACCOUNTABILITY AND ADEQUATE FUNDING; CREATING A FUND; CREATING THE BILINGUAL MULTICULTURAL SEAL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 22-23-2 NMSA 1978 (being Laws 1973, Chapter 285, Section 2, as amended) is amended to read:

"22-23-2. DEFINITIONS.--As used in the Bilingual Multicultural Education Act:

[A. "bilingual multicultural education program" means a program using two languages, including English and the home or heritage language, as a medium of instruction in the teaching and learning process;]

A. "assistant secretary" means the assistant secretary of bilingual multicultural education;

B. "council" means the state bilingual multicultural advisory council;

[B.] C. "culturally and linguistically [different] diverse" means students who are of a different cultural background than mainstream United States culture and whose home or heritage language, inherited from the student's family, tribe or country of origin, is a language other than English;

[C. "district" means a public school, or any combination of public schools in a district;]

D. "culturally responsive teaching" means a multicultural education teaching framework that centers classroom instruction in multiethnic cultural frames of reference, using the cultural knowledge, prior experiences, frames of reference and performance styles of ethnically diverse students to make learning more relevant, while utilizing the strengths of diverse students to teach them;

E. "division" means the bilingual multicultural education division of the department;

[D.] F. "English language learner" means a student whose first or heritage language is not English and who is unable to read, write, speak or understand English at a level comparable to grade level English proficient peers and native English speakers;

[E.] G. "heritage language" means a language other than English that is inherited from a family, tribe, community or country of origin;

[F.] H. "home language" means a language other than English that is the primary or heritage language spoken at home or in the community; [and]

I. "multicultural education" means education and instruction:

(1) through the use of texts, materials, references and historical examples that are historically accurate and that reflect the lives and cultural experiences of persons from different cultural backgrounds;

(2) designed for the cultures of several different races; and

(3) that recognize that the ways students learn and think are deeply influenced by their cultural identity and heritage and that to teach culturally diverse students effectively requires educational approaches that value and recognize their cultural backgrounds;

J. "multicultural education program" means a program using multicultural education as a medium of instruction in the teaching and learning process that may be categorized along a range of levels, types or dimensions of multicultural education;

[G.] K. "standardized curriculum" means a school district curriculum that is aligned with the state academic content standards, benchmarks and performance standards;

L. "tribal language" means the indigenous language spoken by an Indian tribe that is allowed by the tribe to be taught outside the tribe, but which language might not be written; and

M. "tribe" means a New Mexico Indian nation, tribe or pueblo."

SECTION 2. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] BILINGUAL MULTICULTURAL EDUCATION DIVISION--CREATED--ASSISTANT SECRETARY--DUTIES.--

A. The "bilingual multicultural education division" is created in the department to:

(1) achieve the purposes of the Bilingual Multicultural Education Act;

(2) ensure that bilingual multicultural education programs are in compliance with the Bilingual Multicultural Education Act;

(3) provide technical assistance and support to all school districts and charter schools in achieving the goals of the Bilingual Multicultural Education Act;

(4) coordinate and collaborate with all deputy and assistant secretaries of divisions in the department to ensure that public schools have sufficient resources, including the expertise, to provide students with a bilingual multicultural education;

(5) review and approve applications for bilingual multicultural education programs and related funding;

(6) monitor and assess the effectiveness of bilingual multicultural education programs;

(7) accept gifts, grants and donations to be used for bilingual or multicultural education;

(8) enforce rules for the administration of the Bilingual Multicultural Education Act;

(9) conduct research and compile statistics relating to the education of bilingual and multicultural students;

(10) coordinate with the Indian education and Hispanic education divisions, including the deputy and assistant secretaries and their advisory councils, for the provision and assessment of bilingual multicultural education programs and services for American Indian and Hispanic students enrolled in public schools; and

(11) collaborate with the Indian education and Hispanic education divisions and their advisory councils for the provision of high quality bilingual multicultural education programs and services.

B. The secretary, with input from the council, shall appoint an "assistant secretary of bilingual and multicultural education", who shall direct the activities of the division and advise the secretary on development of policy regarding bilingual and multicultural education.

C. The assistant secretary shall coordinate with appropriate administrators from all units in the department to ensure that department administrators from all units of the department make implementation of the Bilingual Multicultural Education Act central to and embedded in their educational priorities.

D. In accordance with the rules of the department and after consulting with the council, the assistant secretary shall:

(1) provide assistance, including advice on allocation of resources to school districts and charter schools, to improve services to meet the bilingual and multicultural educational needs of all students;

(2) provide assistance and school expertise to school districts, charter schools and tribes in the planning, development, implementation and evaluation of a bilingual and multicultural education curricula;

(3) develop or select for implementation challenging, sequential, culturally and linguistically relevant curriculum models to provide instruction to students in pre-kindergarten through twelfth grade;

(4) provide technical assistance and support to school districts, public schools and local school boards to develop culturally relevant standardized curricula and instructional materials; and

(5) ensure that bilingual and multicultural programs are part of a school district's or charter school's professional development plan."

SECTION 3. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] STATE BILINGUAL MULTICULTURAL ADVISORY COUNCIL--MEMBERSHIP--DUTIES.--

A. The "state bilingual multicultural advisory council" is created to advise the secretary, department staff, the governor and the legislature through its interim and standing committees on the effective implementation of the Bilingual Multicultural Education Act and the support of all pre-kindergarten through twelfth grade students to have equitable access to instruction and learning as required by state and federal education and civil rights laws.

B. The council consists of no more than fifteen members who have technical knowledge of and expertise in bilingual and multicultural education as follows:

(1) two enrolled members of tribes;

(2) six members who are pre-kindergarten through twelfth grade teachers, principals, superintendents, other education administrators or higher education faculty who are from different geographical areas of the state and at least one of whom has a special education background;

(3) six parents of bilingual or multicultural students, including one parent of an American Indian student, one parent of a Hispanic student, one parent of an African American student, one parent of an Asian student, one parent of a Muslim student and at least one parent of a student with a disability, whose students are enrolled in bilingual or multicultural education programs at the pre-kindergarten, elementary or secondary level; and

(4) one bilingual or multicultural education student.

C. The members shall include a minimum of two members from the department-created state bilingual advisory group; other council members shall be appointed by the secretary with input from the serving council members from an applicant pool submitted by the co-chairs after consultation with various stakeholder groups.

D. Members of the council shall begin to serve their appointment on July 1, 2020 for a maximum of two terms with each term being no longer than three years. The secretary may stagger terms on the council.

E. The council shall:

(1) study issues of bilingual and `multicultural education for all students and provide advice to the department in the areas of curriculum, instruction, assessment, teacher preparation, teacher evaluation, professional development, licensure and student and family services to:

(a) strengthen the quality of bilingual and multicultural education programs;

(b) promote rigorous culturally and linguistically responsive instruction in bilingual and multicultural education programs; and

(2) advise the division on issues such as:

(a) identifying current professional development best practices to support teachers to work effectively with all students;

(b) developing and training effective bilingual and multicultural teachers;

(c) creating professional development opportunities to build the capacity of public education administrators to effectively lead bilingual and multicultural education programs and become knowledgeable regarding current research, theory and pedagogy, including culturally and linguistically responsive teaching practices;

(d) developing and preparing teachers, educational assistants and other licensed employees to support bilingual and multicultural education;

(e) contributing ideas for solutions to streamline and strengthen program management, implementation, assessment and monitoring of bilingual and multicultural education programs at the state, school district and school site levels; and

(f) becoming a resource on bilingual and multicultural education for school districts and local schools.

F. Public members of the council are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act."

SECTION 4. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] MULTICULTURAL EDUCATION FRAMEWORK--ASSESSMENT--PLANNING--ACCOUNTABILITY.--

A. Each school, in collaboration with the department, the Indian education and Hispanic education divisions and their advisory councils and outside experts as needed, shall develop a multicultural education plan for the full implementation of bilingual and multicultural education at their respective educational site in all public elementary and secondary schools in the state.

B. The division shall:

(1) utilize an external equity audit to provide an assessment and status report of education for students at each school and an equity plan with specific goals for the school. The report will identify the needs of the school for technical assistance and needed support to implement bilingual and multicultural education at the school. Levels of bilingual and multicultural education programs will be determined through an equity audit and equity plan at each school site, with funding provided through the at-risk index and state public education funds;

(2) require that educational programs and services provided to students by school districts and charter schools be aligned with the purpose, goals and provisions of the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act;

(3) require that the development of curriculum, instructional materials and other learning tools and resources provided by school districts and charter schools be relevant and responsive to the cultures and languages of their students;

(4) require the assistant secretary and the assistant secretaries of Indian education and Hispanic education and their divisions to work collaboratively with school districts, charter schools, tribes and community partners;

(5) require the assistant secretary and the assistant secretaries of Indian education and Hispanic education and their divisions to work in coordination with the secretary and all other units of the department to make the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act priorities of the department;

(6) work with the higher education department and the colleges of education at state institutions of higher education to develop a comprehensive bilingual and multicultural teacher preparation program;

(7) develop professional development standards, including training in culturally responsive teaching, ethnic studies and related support services for bilingual and multicultural education, Indian education and Hispanic education teachers, educational assistants and other public school personnel that need such professional development to make them more proficient at their jobs;

(8) set up semiannual meetings among the advisory councils of the three divisions;

(9) conduct family and community forums and collect other forms of school data as indicators to measure the effect of the bilingual and multicultural education on the lives and academic progress of students statewide;

(10) conduct an annual report on the status of bilingual and multicultural education for all students that highlights successful programs and reports on indicators of success;

(11) identify strategies that are working at schools to close the academic achievement gap for culturally and linguistically diverse students;

(12) monitor all money allocated to the department, divisions, school districts and charter schools that is earmarked to implement the provisions of the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act;

(13) monitor and ensure that school districts and charter schools have sufficient funding and resources to fully implement the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act;

(14) ensure that the expenditures of state funds are aligned with the provisions of the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act; and

(15) for each act, issue an annual report that is produced through collaboration and coordination with the Indian education and Hispanic education divisions that sets forth if and how the provisions of this subsection were accomplished during the past year, including meetings, assessments, monitoring, professional development and collaboration among units of the department and between the department and school districts and charter schools, and describe plans for the coming year to ensure the educational success of culturally and linguistically diverse students."

SECTION 5. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] TEACHER ON ADVISEMENT.--

A. As used in this section, "teacher on advisement" means a teacher with advanced coursework, experience and skills in multicultural education who is designated by a local school board, school district or charter school to teach at the school site where the teacher is assigned as a teacher on advisement and oversee the mentoring and professional development for staff who teach or work in the multicultural education program at that school site.

B. The teacher on advisement shall work with the equity assessment team and with the community to develop the equity plan and assessment report and will coordinate collaborations with the school and community to develop the equity plan.

C. The teacher on advisement shall work with all multicultural education teachers and welcome and mentor new teachers entering the school to familiarize new teachers with the school's goals for students in the multicultural education program and students in at-risk categories.

D. The teacher on advisement role shall include the following responsibilities:

(1) mentor teachers at the school in multicultural education and culturally responsive teaching;

(2) collaborate with teachers and school staff to design specialized intervention and assessment plans;

(3) conduct the school's equity audit; and

(4) work with the school district to provide district-level professional development."

SECTION 6. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] MULTICULTURAL EDUCATION SEAL.--Criteria for a student to earn a multicultural education seal shall be determined at the state level in consultation with the secretary and the council with school district and public school input. Students shall have the option to earn a multicultural education seal based on their advanced coursework in multicultural education paired with community service and research."

SECTION 7. Section 22-23-4 NMSA 1978 (being Laws 1973, Chapter 285, Section 4, as amended) is amended to read:

"22-23-4. DIVISION AND DEPARTMENT--POWERS--DUTIES.--

A. The division shall write rules for the department [shall] to issue [rules] for the development and implementation of bilingual and multicultural education programs.

B. The [department] division shall administer and enforce the provisions of the Bilingual Multicultural Education Act.

C. The [department] division shall assist local school boards and charter schools in developing and evaluating bilingual and multicultural education programs.

D. In the development, implementation and administration of [the] bilingual and multicultural education programs, [the department] local superintendents and head administrators of charter schools shall give preference to New Mexico residents who have received specialized training in bilingual and multicultural education when hiring personnel."

SECTION 8. Section 22-23B-1 NMSA 1978 (being Laws 2010, Chapter 108, Section 1 and Laws 2010, Chapter 114, Section 1) is amended to read:

"22-23B-1. SHORT TITLE.--[This act] Chapter 22, Article 23B NMSA 1978 may be cited as the "Hispanic Education Act"."

SECTION 9. Section 22-23B-3 NMSA 1978 (being Laws 2010, Chapter 108, Section 3 and Laws 2010, Chapter 114, Section 3) is amended to read:

"22-23B-3. [DEFINITION] DEFINITIONS.--As used in the Hispanic Education Act:

A. "assistant secretary" means the assistant secretary for Hispanic education;

B. "council" means the Hispanic education advisory council;

C. "division" means the Hispanic education division of the department;

D. "Hispanic liaison" means [the] a Hispanic education liaison who is an employee of the department who works in a school district with a high concentration of Hispanic students; and

E. "tribe" means a New Mexico Indian nation, tribe or pueblo."

SECTION 10. Section 22-23B-4 NMSA 1978 (being Laws 2010, Chapter 108, Section 4 and Laws 2010, Chapter 114, Section 4) is amended to read:

"22-23B-4. HISPANIC EDUCATION [LIAISON] DIVISION--CREATED--DUTIES.--

A. The "Hispanic education [liaison] division" is created in the department

[B. The liaison shall:

(1) focus on issues related to Hispanic education and advise the secretary on the development and implementation of policy regarding the education of Hispanic students;

(2) advise the department and the commission on the development and implementation of the five-year strategic plan for public elementary and secondary education in the state as the plan relates to Hispanic student education;

(3) assist and be assisted by other staff in the department to improve elementary, secondary and post-secondary educational outcomes for Hispanic students;

(4) serve as a resource to enable school districts and charter schools to provide equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Hispanic students enrolled in public schools;

(5) support and consult with the Hispanic education advisory council; and

(6) support school districts and charter schools to recruit parents on site-based and school district committees that represent the ethnic diversity of the community] to:

(1) achieve the purposes of the Hispanic Education Act;

(2) provide technical assistance and support to all public schools in achieving the goals of the Hispanic Education Act;

(3) coordinate and collaborate with the bilingual multicultural education and Indian education divisions to ensure that public schools have sufficient resources, including expertise, to provide Hispanic students a culturally and linguistically relevant education;

(4) review and approve applications for Hispanic-education-related programs and services;

(5) accept gifts, grants and donations to be used for the implementation of the Hispanic Education Act, including money to develop and implement culturally and linguistically relevant education programs, professional development and instructional materials and money to hire Hispanic liaisons;

(6) enforce rules for the administration of the Hispanic Education Act;

(7) conduct research and compile statistics relating to the education of Hispanic students; and

(8) consult and collaborate with the council for guidance on the provision of quality culturally and linguistically relevant and responsive education for Hispanic students and English language learning programs and services for Spanish-speaking students.

B. The secretary, with input and recommendation from the council, shall appoint an "assistant secretary for Hispanic education", who shall direct the activities of the division and advise the secretary on development of policy regarding Hispanic education.

C. The assistant secretary shall coordinate with appropriate administrators and divisions to ensure that department administrators make implementation of the Hispanic Education Act a priority.

D. In accordance with rules of the department, and after consulting with the council, the assistant secretary shall:

(1) provide assistance, including advice on allocation of resources, to public schools to improve services to meet the educational needs of Hispanic students;

(2) provide assistance to public schools and school districts in the planning, development, implementation and evaluation of Hispanic education curricula;

(3) develop or select for implementation challenging, sequential, culturally relevant curricula standards and models to provide instruction to Hispanic students in pre-kindergarten through twelfth grade;

(4) provide assistance to public schools, school districts, local school boards and governing bodies of charter schools to develop culturally relevant curricula and instructional materials for Hispanic education;

(5) within budget limitations, hire Hispanic liaisons;

(6) within budget limitations, develop and implement culturally relevant support services, including continuing professional development, to increase the number of Hispanic teachers, instructional support providers, principals and other school administrators in New Mexico public schools; and

(7) develop a plan to educate New Mexico Hispanic parents about the Education Trust Act, which allows parents or others to open investment accounts to save for a child's higher education through the education trust board."

SECTION 11. A new section of the Hispanic Education Act is enacted to read:

"[NEW MATERIAL] HISPANIC EDUCATION FUND--CREATED--PURPOSES.--

A. The "Hispanic education fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations and income from investment of the fund. The fund shall be administered by the division. Money in the fund is subject to appropriation by the legislature for the distribution of awards to implement the provisions of the Hispanic Education Act. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's designated representative.

B. The division shall ensure that money disbursed from the Hispanic education fund shall be used for the purposes stated in the Hispanic Education Act.

C. The division, in consultation with the department, shall develop procedures and rules for the award of money from the fund."

SECTION 12. REPEAL.--Laws 2010, Chapter 108, Section 4 is repealed.

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