SENATE BILL 141

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

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO DETERMINE STUDENT ELIGIBILITY FOR PARTICIPATION IN EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES AND INTERSCHOLASTIC COMPETITIONS; CLARIFYING THE PUBLIC EDUCATION DEPARTMENT'S ABILITY TO AUTHORIZE AN ASSOCIATION OR ORGANIZATION TO OTHERWISE REGULATE EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES AND INTERSCHOLASTIC COMPETITIONS; MAKING CONFORMING AMENDMENTS.

 

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

     SECTION 1. Section 22-2-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 5, as amended) is amended to read:

     "22-2-2. DEPARTMENT--GENERAL DUTIES.--The department shall:

           A. properly and uniformly enforce the provisions of the Public School Code;

          B. determine policy for the operation of all public schools and vocational education programs in the state, including vocational programs that are part of a juvenile construction industries initiative for juveniles who are committed to the custody of the children, youth and families department;

          C. supervise all schools and school officials [coming] under [its] the department's jurisdiction [including taking over the control and management] and have the power to suspend the powers and duties of a public school or school district that [has failed] fails to meet requirements of law or department rules or standards and take over the control and management of the public school or school district until [such time as] the requirements of law, [standards or rules] rules or standards have been met and compliance is ensured [the powers and duties of the local school board and local superintendent shall be suspended];

          D. prescribe courses of instruction to be taught in all public schools [in the state], requirements for graduation and standards for all public schools, for private schools seeking state accreditation and for the educational programs conducted in state institutions other than the New Mexico military institute;

          E. provide technical assistance to local school boards and school districts; 

          F. assess and evaluate public schools for accreditation purposes to determine the adequacy of student gain in standards-required subject matter, adequacy of student activities, functional feasibility of public school and school district organization, adequacy of staff preparation and other matters [bearing upon the] affecting student education [of the students];

          G. assess and evaluate all state institutions and [those] private schools that desire state accreditation;

          H. enforce requirements for home schools and upon finding that a home school is not in compliance with law, [the department may] determine whether to order [that a] the student to attend a public school or a private school;

          I. require periodic reports on [forms] prescribed [by it] forms from all public schools and attendance reports from private schools;

          J. determine the qualifications for and issue licenses to teachers, instructional support providers and school administrators [according to] as provided by law and [according to] in accordance with a system of classification adopted [and promulgated by rules of the] by department rule;

          K. deny, suspend or revoke a license [according to law] for incompetency, moral turpitude or any other good and just cause as provided by law;

          [L. approve or disapprove all rules promulgated by an association or organization attempting to regulate a public school activity and invalidate any rule in conflict with any rule promulgated by the department. The department shall require an association or organization attempting to regulate a public school activity to comply with the provisions of the Open Meetings Act and be subject to the inspection provisions of the Public Records Act. The department may require performance and financial audits of an association or organization attempting to regulate a public school activity. The department shall have no power or control over the rules or the bylaws governing the administration of the internal organization of the association or organization;

          M. review decisions made by the governing board or officials of an organization or association regulating a public school activity, and any decision of the department shall be final in respect thereto;]

          L. determine student eligibility for participation in extracurricular and co-curricular activities and interscholastic competitions; provided that the department may authorize an association or organization to otherwise regulate those activities and competitions only if the department:

                (1) retains the power to approve or disapprove the association's or organization's regulations for the extracurricular or co-curricular activity or interscholastic competition and to invalidate a regulation that conflicts with a department rule;

                (2) has no power or control over the association's or organization's rules and bylaws that govern the internal administration and management of the association or organization;

                (3) retains the power to require a financial audit of the association or organization; and

                (4) requires the association or organization to comply with the provisions of the Open Meetings Act and the inspection provision of the Public Records Act;

          [N.] M. require a public school under its jurisdiction that sponsors athletic programs [involving sports] to mandate that the participating [student] students obtain catastrophic health and accident insurance coverage, such coverage to be offered through the school and issued by an insurance company duly licensed pursuant to [the laws of New Mexico] state law;

          [O.] N. establish and maintain regional centers, at its discretion, [for conducting] to conduct cooperative services between public schools and school districts within and among those regions and [for facilitating] to facilitate regulation and evaluation of school programs;

          [P.] O. approve education curricula and programs offered [in all] by two-year public post-secondary educational institutions [except those in Chapter 21, Article 12 NMSA 1978] that lead to alternative licenses [for degreed persons] pursuant to Section 22-10A-8 NMSA 1978 or [licensure] licenses for educational assistants, not including education curricula and programs offered by the New Mexico military institute;

           [Q.] P. withhold program approval from a college of education or teacher preparation program that fails to offer a course on teaching reading that:  

                (1) is based upon current scientifically based reading research;

                (2) aligns with department-adopted reading standards;

                (3) includes strategies and assessment measures to ensure that beginning teachers are proficient in teaching reading; and

                (4) was designed [after seeking] with input from experts in the education field;

          [R. annually] Q. prior to December 1 of each year, prepare and publish a report on public and private education in the state and distribute the report to the governor and the legislature;

          [S.] R. solicit input from local school boards and school districts in the formulation and implementation of department rules; and

          [T.] S. report to the legislature or any of its committees as requested and report the findings of any educational research study made with public money to the legislature through [its] the appropriate interim or standing committees."

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