0001| AN ACT
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0002| RELATING TO EDUCATION; PROVIDING FOR THE DISTRIBUTION OF INSTRUCTIONAL
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0003| MATERIAL FUNDS DIRECTLY TO LOCAL SCHOOL BOARDS, STATE INSTITUTIONS
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0004| AND ADULT BASIC EDUCATION CENTERS; AMENDING SECTIONS OF THE PUBLIC
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0005| SCHOOL CODE.
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0006|
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008| Section 1. Section 22-15-4 NMSA 1978 (being Laws 1967, Chapter
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0009| 16, Section 208, as amended) is amended to read:
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0010| "22-15-4. BUREAU--DUTIES.--Subject to the policies and
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0011| regulations of the state board, the bureau shall:
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0012| A. administer the provisions of the Instructional Material
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0013| Law;
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0014| B. enforce regulations for the handling, safekeeping and
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0015| distribution of instructional material and instructional material
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0016| funds and for inventory and accounting procedures to be followed by
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0017| school districts, state institutions, private schools and adult basic
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0018| education centers pursuant to the Instructional Material Law;
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0019| C. withdraw or withhold the privilege of participating in
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0020| the free use of instructional material in case of any violation of or
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0021| noncompliance with the provisions of the Instructional Material Law or
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0022| any regulations adopted pursuant thereto; and
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0023| D. enforce regulations relating to the use and operation of
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0024| instructional material depositories in the instructional material
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0025| distribution process."
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0001| Section 2. Section 22-15-5 NMSA 1978 (being Laws 1967, Chapter
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0002| 16, Section 209, as amended) is amended to read:
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0003| "22-15-5. INSTRUCTIONAL MATERIAL FUND.--
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0004| A. The state treasurer shall establish a fund to be known
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0005| as the "instructional material fund".
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0006| B. The instructional material fund shall be used for the
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0007| purpose of paying for the cost of purchasing instructional material
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0008| pursuant to the Instructional Material Law. Transportation charges
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0009| for the delivery of instructional material to a school district, a
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0010| state institution, a private school as agent or an adult basic
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0011| education center and emergency expenses incurred in providing
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0012| instructional material to students may be included as a cost of
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0013| purchasing instructional material. Charges for rebinding of used
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0014| instructional materials that appear on the multiple list pursuant to
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0015| Section 22-15-8 NMSA 1978 may also be included as a cost of purchasing
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0016| instructional material."
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0017| Section 3. Section 22-15-7 NMSA 1978 (being Laws 1967, Chapter
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0018| 16, Section 211, as amended) is amended to read:
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0019| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--
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0020| A. Any qualified student or person eligible to become a
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0021| qualified student attending a public school, a state institution or a
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0022| private school approved by the state board in any grade from first
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0023| through the twelfth grade of instruction is entitled to the free use
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0024| of instructional material. Any student enrolled in an early childhood
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0025| education program as defined by Section 22-13-3 NMSA 1978 or person
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0001| eligible to become an early childhood education student as defined by
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0002| that section attending a private early childhood education program
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0003| approved by the state board is entitled to the free use of
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0004| instructional material. Any student in an adult basic education
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0005| program approved by the state board is entitled to the free use of
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0006| instructional material.
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0007| B. Instructional material shall be distributed to school
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0008| districts, state institutions, private schools and adult basic
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0009| education centers as agents for the benefit of students entitled to
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0010| the free use of the instructional material.
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0011| C. Any school district, state institution, private school
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0012| as agent or adult basic education center receiving instructional
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0013| material pursuant to the Instructional Material Law is responsible for
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0014| distribution of the instructional material for use by eligible
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0015| students and for the safekeeping of the instructional material."
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0016| Section 4. Section 22-15-8 NMSA 1978 (being Laws 1967, Chapter
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0017| 16, Section 212, as amended) is amended to read:
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0018| "22-15-8. MULTIPLE LIST--SELECTION.--
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0019| A. The state board shall adopt a multiple list to be made
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0020| available to students pursuant to the Instructional Material Law. The
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0021| state board shall ensure that parents and other community members are
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0022| involved in the adoption process at the state level.
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0023| B. Pursuant to the provisions of the Instructional Material
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0024| Law, each school district, state institution, private school as agent
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0025| or adult basic education center may select instructional material for
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0001| the use of its students from the multiple list adopted by the state
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0002| board. Local school boards shall give written notice to parents and
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0003| other community members and shall invite parental involvement in the
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0004| adoption process at the district level. Local school boards shall
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0005| also give public notice, which notice may include publication in a
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0006| newspaper of general circulation in the school district."
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0007| Section 5. Section 22-15-9 NMSA 1978 (being Laws 1967, Chapter
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0008| 16, Section 213, as amended) is amended to read:
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0009| "22-15-9. DISTRIBUTION OF FUNDS FOR INSTRUCTIONAL MATERIAL.--
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0010| A. On or before July 1 of each year, the department of
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0011| education shall allocate to each school district, state institution or
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0012| private school not less than ninety percent of its estimated
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0013| entitlement as determined from the estimated forty-day membership for
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0014| the next school year. A school district's, state institution's or
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0015| private school's entitlement is that portion of the total amount of
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0016| the annual appropriation less a deduction for a reasonable reserve for
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0017| emergency expenses that its forty-day membership bears to the
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0018| forty-day membership of the entire state. The allocation for adult
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0019| basic education shall be based on a full-time equivalency obtained by
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0020| multiplying the total previous year's enrollment by .25. For the
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0021| purpose of this allocation, additional pupils shall be counted as four
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0022| pupils.
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0023| B. On or before January 15 of each year, the department of
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0024| education shall recompute each entitlement using the forty-day
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0025| membership for that year, except for adult basic education, and shall
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0001| allocate the balance of the annual appropriation adjusting for any
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0002| over- or under-estimation made in the first allocation.
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0003| C. An amount not to exceed thirty percent of the
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0004| allocations attributed to each local school district, state
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0005| institution or adult basic education center may be used for
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0006| instructional material not included on the multiple list provided for
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0007| in Section 22-15-8 NMSA 1978. Adult basic education centers may
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0008| expend up to one hundred percent of their instructional material funds
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0009| for items that are not on the multiple list.
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0010| D. The department of education shall establish procedures
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0011| for the distribution of funds directly to local school districts,
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0012| state institutions and adult basic education centers. The department
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0013| of education shall distribute funds to private schools on a
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0014| reimbursement basis for instructional material included on the
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0015| multiple list provided for in Section 22-15-8 NMSA 1978.
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0016| E. A school district, state institution or adult basic
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0017| education center that has funds remaining for the purchase of
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0018| instructional material at the end of the fiscal year shall retain
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0019| those funds for expenditure in subsequent years. Any balance
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0020| remaining in an instructional material account of a private school at
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0021| the end of the fiscal year shall remain available for reimbursement by
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0022| the department of education for instructional material purchases in
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0023| subsequent years."
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0024| Section 6. Section 22-15-10 NMSA 1978 (being Laws 1967, Chapter
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0025| 16, Section 214, as amended) is amended to read:
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0001| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL MATERIAL.--
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0002| A. With the approval of the chief, instructional material
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0003| acquired by a school district, state institution, private school or
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0004| adult basic education center pursuant to the Instructional Material
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0005| Law may be sold at a price determined by officials of the school
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0006| district, state institution, private school or adult basic education
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0007| center. The selling price shall not exceed the cost of the
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0008| instructional material to the state.
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0009| B. A school district, state institution, private school or
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0010| adult basic education center may hold the parent, guardian or student
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0011| responsible for the loss, damage or destruction of instructional
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0012| material while the instructional material is in the possession of the
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0013| student. A school district may withhold the grades, diploma and
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0014| transcripts of the student responsible for damage or loss of
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0015| instructional material until the parent, guardian or student has paid
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0016| for the damage or loss. When a parent, guardian or student is unable
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0017| to pay for damage or loss, the school district shall work with the
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0018| parent, guardian or student to develop an alternative program in lieu
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0019| of payment. Where a parent or guardian is determined to be indigent
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0020| according to guidelines established by the state board, the local
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0021| school district shall bear the cost.
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0022| C. A school district, state institution or adult basic
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0023| education center that has funds remaining for the purchase of
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0024| instructional material at the end of the fiscal year shall retain
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0025| those funds for expenditure in subsequent years.
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0001| D. All money collected by a private school for the sale,
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0002| loss, damage or destruction of instructional material received
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0003| pursuant to the Instructional Material Law shall be sent to the
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0004| department of education.
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0005| E. Upon order of the chief, a school district, state
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0006| institution, private school or adult basic education center shall
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0007| transfer to the department of education or its designee instructional
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0008| material, purchased with instructional material funds, that is in
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0009| usable condition and for which there is no use expected by the
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0010| respective schools."
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0011| Section 7. Section 22-15-11 NMSA 1978 (being Laws 1967, Chapter
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0012| 16, Section 215, as amended) is amended to read:
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0013| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL.--Each school
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0014| district, state institution, private school or adult basic education
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0015| center shall keep accurate records of all instructional material,
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0016| including cost records, on forms and by procedures prescribed by the
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0017| division."
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0018| Section 8. Section 22-15-12 NMSA 1978 (being Laws 1967, Chapter
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0019| 16, Section 216, as amended) is amended to read:
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0020| "22-15-12. ANNUAL REPORT.--Annually, at a time specified by the
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0021| department of education, each local school board of a school district
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0022| and each governing authority of a state institution, private school or
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0023| adult basic education center acquiring instructional material pursuant
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0024| to the Instructional Material Law shall file a report with the
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0025| department of education."
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0001| Section 9. EFFECTIVE DATE.--The effective date of the
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0002| provisions of this act is July 1, 1998.
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