SENATE BILL

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

INTRODUCED BY

Anthony L. Thornton

AN ACT

RELATING TO PUBLIC SCHOOLS; CREATING THE SCHOOL AGE-APPROPRIATE FILTERING AND EVALUATION PROJECT AS A THREE-YEAR PILOT PROJECT IN THE PUBLIC EDUCATION DEPARTMENT; DEFINING TERMS; PROVIDING FOR PROJECT REQUIREMENTS; PROVIDING FOR FINANCIAL GRANTS; ASSIGNING DUTIES; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SCHOOL AGE-APPROPRIATE FILTERING AND EVALUATION PROJECT CREATED.--

          A. As used in this section:

                (1) "age appropriateness" means, in regard to language, violence, sexual content or mature themes in library materials, suitability to the developmental and social maturity of a particular age or age group of children based on developing cognitive, emotional and behavioral capacity typical for the age or age group and on local norms and expectations;

                (2) "library materials" means printed, digital or electronic books or other media available to students at public schools but does not mean instructional material included on the department's multiple list;

                (3) "participant" means a school district or charter school that applies and is selected by the department for participation in the project;

                (4) "project" means the school age-appropriate filtering and evaluation project;

                (5) "school district" includes charter schools;

                (6) "survey" means a questionnaire designed to measure a parent's opinion about a participant's rating system and rated library materials and to assess the parent's likelihood of greater or continued engagement with the parent's child's education, public school or school district and the parent's trust in the education, public school or school district; and

                (7) "year" means a school year.

          B. The "school age-appropriate filtering and evaluation project" is created as a three-year pilot project in the department to demonstrate that a voluntary rating system for library materials will increase parent engagement and preserve trust between parents and public schools and school districts while protecting intellectual freedom and academic integrity.

          C. During each year of the project, twenty different participants shall be selected and shall reflect the geographic distribution of the state. Each participant shall implement the project in at least one elementary school, one high school and, if applicable, one junior high school; provided that this requirement shall not apply to charter schools or small or rural school districts with a combined school.

          D. A participant shall:

                (1) adopt and implement a rating system for library materials that is based on age appropriateness;

                (2) after the participant's library materials are rated in accordance with the adopted system, publish or otherwise provide parents with a list of the rated library materials and provide for a mechanism to receive parents' feedback; and

                (3) after the list of rated library materials is published, provide a department-approved survey to all parents at each of the public schools where the participant implemented the project.

          E. Each participant shall receive a twenty-five-thousand-dollar ($25,000) grant upon being selected and a second twenty-five-thousand-dollar ($25,000) grant at the time that the participant completes the survey stage of the project.           F. The department shall:

                (1) on or before August 1, 2026:

                     (a) develop or adopt guidance or best practices for rating systems that participants may use;

                     (b) develop or adopt a survey that each participant shall use; and

                     (c) begin accepting applications from prospective participants;

                (2) on or before September 1, 2026, select participants;

                (3) on or before December 1, 2026, provide a preliminary report to the legislative education study committee regarding participants, projected time lines and projected expenditures;

                (4) on or before July 1 of each year of the project, compile and analyze surveys from participants and report available survey responses to the legislative education study committee;

                (5) on or before December 1, 2029, submit a final report to the governor and the legislative education study committee; and

                (6) comply with all requirements pursuant to Section 22-8-23.13 NMSA 1978."

     SECTION 2. APPROPRIATION.--

          A. Three million two hundred ten thousand dollars ($3,210,000) is appropriated from the public education reform fund to the public education department for expenditure in fiscal years 2027 through 2029 to administer the school age-appropriate filtering and evaluation project; provided that in a single fiscal year:

                (1) no more than one million dollars ($1,000,000) may be expended on grants to participating school districts or charter schools; and

                (2) no more than seventy thousand dollars ($70,000) may be expended on administration.

          B. Any unexpended balance remaining at the end of fiscal year 2029 shall revert to the public education reform fund.

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