HOUSE BILL 116

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

E. Diane Torres-Velásquez

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE BILINGUAL MULTICULTURAL EDUCATION ACT; REQUIRING ELIGIBLE PROGRAMS TO USE A HOME OR HERITAGE LANGUAGE AS THE PRIMARY MEDIUM OF INSTRUCTION OR TO USE A LANGUAGE REVITALIZATION INSTRUCTION MODEL APPROVED BY THE PUBLIC EDUCATION DEPARTMENT; MAKING CONFORMING AMENDMENTS.

 

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

     SECTION 1. Section 22-23-6 NMSA 1978 (being Laws 1973, Chapter 285, Section 6, as amended) is amended to read:

     "22-23-6. BILINGUAL MULTICULTURAL EDUCATION PROGRAMS--ELIGIBILITY FOR STATE FINANCIAL SUPPORT.--[A.] To be eligible for state financial support, [each] a bilingual multicultural education program shall be approved by the department and shall:

          [(1)] A. provide for the educational needs of [linguistically and] culturally and linguistically different students [including Native American children and other students who may wish to participate] and other bilingual learners in [grades] kindergarten through [twelve, with] twelfth grade; provided that the department shall give priority [to be given] to programs [in grades] for culturally and linguistically different students in kindergarten through [three, in a district;

                (2) fund programs for culturally and linguistically different students in the state in grades kindergarten through three for which there is an identifiable need to improve the language capabilities of both English and the home language of these students before funding programs at higher grade levels;

                (3) use two languages as mediums of instruction for any part or all of the curriculum of the grade levels within the program] third grade who have an identifiable need to improve development of English and a home or heritage language;

          B. use:

                (1) a home or heritage language as the primary medium of instruction for part or all of the curriculum in each grade included in the program; or

                (2) a language revitalization instruction model, which shall be a department-approved strategic framework to revive and strengthen a heritage language that is at risk of falling out of use;

          [(4)] C. use teachers or other personnel who [have specialized] specialize in elementary or secondary education and [who have received specialized training] in bilingual education [conducted through the use of two languages. These teachers or other trained personnel] who shall administer language proficiency assessments in both English and [in] the home or heritage language until proficiency in each language is achieved;

          [(5) emphasize] D. include instruction on the history and cultures associated with the [students'] home or heritage language used in the program;

          [(6)] E. establish a parent advisory committee that is representative of the language and culture of the students, to assist and advise in the development, implementation and evaluation of the [bilingual multicultural education] program; and

          [(7) provide] F. include procedures to [ensure that parental notification is given annually prior to bilingual multicultural education program placement.

          B. Each bilingual multicultural education program shall meet each requirement of Subsection A of this section and be approved by the department to be eligible for state financial support] provide parents with adequate notice of the parents' ability to place students in the program."

- 4 -