New Mexico 2023 Regular Session

New Mexico House Bill HB111 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 111
29	29	56
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2023
46	46	INTRODUCED BY
47	47	Pamelya Herndon
48	48	AN ACT
49	49	RELATING TO PUBLIC EDUCATION; ENACTING THE HOLOCAUST AND
50	50	GENOCIDE STUDIES ACT; PROVIDING HOLOCAUST AND GENOCIDE STUDIES
51	51	AS ELECTIVES IN CERTAIN GRADES.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. A new section of the Public School Code is
54	54	enacted to read:
55	55	"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this
56	56	act may be cited as the "Holocaust and Genocide Studies Act"."
57	57	SECTION 2. A new section of the Public School Code is
58	58	enacted to read:
59	59	"[NEW MATERIAL] DEFINITIONS.--As used in the Holocaust and
60	60	Genocide Studies Act:
61	61	A. "council" means the Holocaust and genocide
62	62	studies council;
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90	90	B. "genocide" means crimes committed with the
91	91	intent to destroy a national, ethnic, racial or religious group
92	92	in whole or in part;
93	93	C. "Holocaust" means the systematic, bureaucratic,
94	94	state-sponsored persecution and murder of approximately six
95	95	million Jewish people and five million other persons by the
96	96	Nazi regime and its collaborators; and
97	97	D. "Holocaust and genocide studies" means courses
98	98	covering the Holocaust, genocide, other acts of mass violence
99	99	and human rights and the modern international codification of
100	100	human rights."
101	101	SECTION 3. A new section of the Public School Code is
102	102	enacted to read:
103	103	"[NEW MATERIAL] HOLOCAUST AND GENOCIDE STUDIES.--School
104	104	districts and charter schools shall provide age- and grade-
105	105	appropriate instruction about the Holocaust, genocide and human
106	106	rights for students in seventh through twelfth grade."
107	107	SECTION 4. A new section of the Public School Code is
108	108	enacted to read:
109	109	"[NEW MATERIAL] HOLOCAUST AND GENOCIDE STUDIES COUNCIL
110	110	CREATED--DUTIES.--
111	111	A. The "Holocaust and genocide studies council" is
112	112	created to advise the department, school districts and charter
113	113	schools about Holocaust and genocide studies. The council is
114	114	composed of nine members appointed by the governor who have
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143	143	expertise or interest in the Holocaust and genocide studies.
144	144	The council shall elect a chair and vice chair. The department
145	145	shall assist the council as assigned by the secretary. The
146	146	council shall meet as necessary but at least three times each
147	147	year. Members of the council who are not paid with public
148	148	money are entitled to receive per diem and mileage but shall
149	149	receive no other compensation, perquisite or allowance for
150	150	their service on the council.
151	151	B. The council shall:
152	152	(1) identify sources of instructional content
153	153	and materials that meet state academic content and performance
154	154	standards to provide and enhance Holocaust and genocide studies
155	155	for middle and high school students;
156	156	(2) identify professional development programs
157	157	and resources for teachers;
158	158	(3) promote Holocaust and genocide studies in
159	159	venues outside of public schools;
160	160	(4) make recommendations to the department on
161	161	improvements to the academic content and performance standards
162	162	for Holocaust and genocide studies;
163	163	(5) monitor public school, community and state
164	164	data on bullying, incidences of violence involving racial or
165	165	sexual animus and human rights violations and make
166	166	recommendations to the secretary, the governor and the
167	167	legislature on strategies and methods for improvements; and
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196	196	(6) submit an annual report to the governor
197	197	and legislature on the status of Holocaust and genocide studies
198	198	in the state."
199	199	SECTION 5. A new section of the Public School Code is
200	200	enacted to read:
201	201	"[NEW MATERIAL] HOLOCAUST AND GENOCIDE STUDIES ACADEMIC
202	202	CONTENT AND PERFORMANCE STANDARDS.--The department, in
203	203	consultation with the council, shall develop academic content
204	204	and performance standards for Holocaust and genocide studies
205	205	to:
206	206	A. prepare students to confront the immorality of
207	207	the Holocaust, genocide, other acts of mass violence and human
208	208	rights violations and to reflect on the causes of related
209	209	historical events;
210	210	B. teach the breadth of the history of the
211	211	Holocaust, including the Third Reich dictatorship and its
212	212	concentration camp system, the attempt to exterminate every
213	213	Jewish person in occupied Europe and the persecution of Jewish
214	214	people and non-Jewish people, Jewish and non-Jewish resistance
215	215	and post-World War II trials;
216	216	C. promote students' understanding of the term
217	217	"genocide", coined to describe the intent behind the Holocaust;
218	218	the United Nations' 1948 Convention on the Prevention and
219	219	Punishment of the Crime of Genocide, the treaty that was
220	220	intended to prevent future genocides; and the genocides that
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249	249	have continued since that landmark international law;
250	250	D. develop students' respect for cultural diversity
251	251	and help students gain insight into the importance of the
252	252	protection of international human rights for all people;
253	253	E. communicate the impact of personal
254	254	responsibility, civic engagement and societal responses;
255	255	F. stimulate students' reflection on the roles and
256	256	responsibilities of citizens in democratic societies to combat
257	257	misinformation, indifference and discrimination through
258	258	development of critical thinking skills and through tools of
259	259	resistance such as protest, reform and celebration;
260	260	G. provide students with opportunities to
261	261	contextualize and analyze patterns of human behavior by
262	262	individuals and groups that belong in one or more categories,
263	263	including perpetrator, collaborator, bystander, victim and
264	264	rescuer;
265	265	H. enable students to understand the ramifications
266	266	of prejudice, racism and stereotyping;
267	267	I. preserve the memories of survivors of genocide
268	268	and provide opportunities for students to discuss and honor
269	269	survivors' cultural legacies;
270	270	J. provide students with a foundation for examining
271	271	the history of discrimination and atrocities in New Mexico; and
272	272	K. explore the various mechanisms of transitional
273	273	and restorative justice that help humanity move forward in the
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302	302	aftermath of genocide."
303	303	SECTION 6. A new section of the Public School Code is
304	304	enacted to read:
305	305	"[NEW MATERIAL] PROFESSIONAL DEVELOPMENT--REPORTING.--
306	306	A. Each school district and charter school shall
307	307	provide professional development opportunities for teachers in
308	308	seventh through twelfth grades that provide Holocaust and
309	309	genocide studies.
310	310	B. The department shall report annually to the
311	311	council:
312	312	(1) the number of public schools offering age-
313	313	and grade-appropriate elective Holocaust and genocide studies;
314	314	and
315	315	(2) the number of elective courses offered,
316	316	the grade levels at which age- and grade-appropriate courses
317	317	are offered and the number and grades of students who take the
318	318	courses."
319	319	SECTION 7. Section 22-13-1 NMSA 1978 (being Laws 2003,
320	320	Chapter 153, Section 57, as amended by Laws 2016, Chapter 17,
321	321	Section 1 and by Laws 2016, Chapter 18, Section 1) is amended
322	322	to read:
323	323	"22-13-1. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS
324	324	REQUIRED--ACCREDITATION.--
325	325	A. The department shall require public schools to
326	326	address department-approved academic content and performance
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355	355	standards when instructing in specific department-required
356	356	subject areas as provided in this section. A public school or
357	357	school district failing to meet these minimum requirements
358	358	shall not be accredited by the department.
359	359	B. All kindergarten through third grade classes
360	360	shall provide daily instruction in reading and language arts
361	361	skills, including phonemic awareness, phonics and
362	362	comprehension, and in mathematics. Students in kindergarten
363	363	and first grades shall be screened and monitored for progress
364	364	in reading and language arts skills, and students in second
365	365	grade shall take diagnostic tests on reading and language arts
366	366	skills.
367	367	C. All first, second and third grade classes shall
368	368	provide instruction in art, music and a language other than
369	369	English, and instruction that meets content and performance
370	370	standards shall be provided in science, social studies,
371	371	physical education and health education.
372	372	D. In fourth through eighth grades, instruction
373	373	that meets academic content and performance standards shall be
374	374	provided in the following subject areas:
375	375	(1) reading and language arts skills, with an
376	376	emphasis on writing and editing for at least one year and an
377	377	emphasis on grammar and writing for at least one year;
378	378	(2) mathematics;
379	379	(3) language other than English;
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408	408	(4) communication skills;
409	409	(5) science;
410	410	(6) art;
411	411	(7) music;
412	412	(8) social studies;
413	413	(9) New Mexico history;
414	414	(10) United States history;
415	415	(11) geography;
416	416	(12) physical education; and
417	417	(13) health education.
418	418	E. Beginning with the 2008-2009 school year, in
419	419	eighth grade, algebra 1 shall be offered in regular classroom
420	420	settings or through online courses or agreements with high
421	421	schools.
422	422	F. In fourth through eighth grades, school
423	423	districts shall offer electives that contribute to academic
424	424	growth and skill development and provide career and technical
425	425	education. In sixth through eighth grades, media literacy may
426	426	be offered as an elective. Beginning with the 2024-2025 school
427	427	year, in seventh and eighth grades, Holocaust and genocide
428	428	studies may be offered as an elective.
429	429	G. In ninth through twelfth grades, instruction
430	430	that meets academic content and performance standards shall be
431	431	provided in health education.
432	432	H. All health education courses shall include:
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461	461	(1) age-appropriate sexual abuse and assault
462	462	awareness and prevention training that meets department
463	463	standards developed in consultation with the federal centers
464	464	for disease control and prevention that are based on evidence-
465	465	based methods that have proven to be effective; and
466	466	(2) lifesaving skills training that follows
467	467	nationally recognized guidelines for hands-on psychomotor
468	468	skills cardiopulmonary resuscitation training. Students shall
469	469	be trained to recognize the signs of a heart attack, use an
470	470	automated external defibrillator and perform the Heimlich
471	471	maneuver for choking victims. The secretary shall promulgate
472	472	rules to provide for the:
473	473	(a) use of the following instructors for
474	474	the training provided pursuant to this paragraph: 1) school
475	475	nurses, health teachers and athletic department personnel as
476	476	instructors; and 2) any qualified persons volunteering to
477	477	provide training at no cost to the school district that the
478	478	school district determines to be eligible to offer instruction
479	479	pursuant to this paragraph; and
480	480	(b) approval of training and
481	481	instructional materials related to the training established
482	482	pursuant to this paragraph in both English and Spanish."
483	483	SECTION 8. Section 22-13-1.1 NMSA 1978 (being Laws 1986,
484	484	Chapter 33, Section 5, as amended) is amended to read:
485	485	"22-13-1.1. GRADUATION REQUIREMENTS.--
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514	514	A. At the end of grades eight through eleven, each
515	515	student shall prepare an interim next-step plan that sets forth
516	516	the coursework for the grades remaining until high school
517	517	graduation. Each year's plan shall explain any differences
518	518	from previous interim next-step plans, shall be filed with the
519	519	principal of the student's high school and shall be signed by
520	520	the student, the student's parent and the student's guidance
521	521	counselor or other school official charged with coursework
522	522	planning for the student.
523	523	B. Each student must complete a final next-step
524	524	plan during the senior year and prior to graduation. The plan
525	525	shall be filed with the principal of the student's high school
526	526	and shall be signed by the student, the student's parent and
527	527	the student's guidance counselor or other school official
528	528	charged with coursework planning for the student.
529	529	C. An individualized education program that meets
530	530	the requirements of Subsections A and B of this section and
531	531	that meets all applicable transition and procedural
532	532	requirements of the federal Individuals with Disabilities
533	533	Education Act for a student with a disability shall satisfy the
534	534	next-step plan requirements of this section for that student.
535	535	D. A local school board shall ensure that each high
536	536	school student has the opportunity to develop a next-step plan
537	537	based on reports of college and workplace readiness
538	538	assessments, as available, and other factors and is reasonably
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567	567	informed about:
568	568	(1) curricular and course options, including
569	569	honors or advanced placement courses, dual-credit courses,
570	570	distance learning courses, career clusters and career pathways,
571	571	pre-apprenticeship programs or remediation programs that the
572	572	college and workplace readiness assessments indicate to be
573	573	appropriate;
574	574	(2) opportunities available that lead to
575	575	different post-high-school options; and
576	576	(3) alternative opportunities available if the
577	577	student does not finish a planned curriculum.
578	578	E. The secretary shall:
579	579	(1) establish specific accountability
580	580	standards for administrators, counselors, teachers and school
581	581	district staff to ensure that every student has the opportunity
582	582	to develop a next-step plan;
583	583	(2) promulgate rules for accredited private
584	584	schools in order to ensure substantial compliance with the
585	585	provisions of this section;
586	586	(3) monitor compliance with the requirements
587	587	of this section; and
588	588	(4) compile such information as is necessary
589	589	to evaluate the success of next-step plans and report annually,
590	590	by December 15, to the legislative education study committee
591	591	and the governor.
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620	620	F. Once a student has entered ninth grade, the
621	621	graduation requirements shall not be changed for that student
622	622	from the requirements specified in the law at the time the
623	623	student entered ninth grade.
624	624	G. Successful completion of a minimum of twenty-
625	625	three units aligned to the state academic content and
626	626	performance standards shall be required for graduation. These
627	627	units shall be as follows:
628	628	(1) four units in English, with major emphasis
629	629	on grammar and literature;
630	630	(2) three units in mathematics, at least one
631	631	of which is equivalent to the algebra 1 level or higher;
632	632	(3) two units in science, one of which shall
633	633	have a laboratory component; provided, however, that with
634	634	students entering the ninth grade beginning in the 2005-2006
635	635	school year, three units in science shall be required, one of
636	636	which shall have a laboratory component;
637	637	(4) three units in social science, which shall
638	638	include United States history and geography, world history and
639	639	geography and government and economics;
640	640	(5) one unit in physical education;
641	641	(6) one unit in communication skills or
642	642	business education, with a major emphasis on writing and
643	643	speaking and that may include a language other than English;
644	644	(7) one-half unit in New Mexico history for
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673	673	students entering the ninth grade beginning in the 2005-2006
674	674	school year; and
675	675	(8) nine elective units and seven and one-half
676	676	elective units for students entering the ninth grade in the
677	677	2005-2006 school year that meet department content and
678	678	performance standards. Student service learning shall be
679	679	offered as an elective. Financial literacy shall be offered as
680	680	an elective. Pre-apprenticeship programs may be offered as
681	681	electives. Media literacy may be offered as an elective.
682	682	H. For students entering the ninth grade beginning
683	683	in the 2009-2010 school year, at least one of the units
684	684	required for graduation shall be earned as an advanced
685	685	placement or honors course, a dual-credit course offered in
686	686	cooperation with an institution of higher education or a
687	687	distance learning course.
688	688	I. The department shall establish a procedure for
689	689	students to be awarded credit through completion of specified
690	690	career technical education courses for certain graduation
691	691	requirements, and districts may choose to allow students who
692	692	successfully complete an industry-recognized credential,
693	693	certificate or degree to receive additional weight in the
694	694	calculation of the student's grade point average.
695	695	J. Successful completion of the requirements of the
696	696	New Mexico diploma of excellence shall be required for
697	697	graduation for students entering the ninth grade beginning in
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726	726	the 2009-2010 school year. Successful completion of a minimum
727	727	of twenty-four units aligned to the state academic content and
728	728	performance standards shall be required to earn a New Mexico
729	729	diploma of excellence. These units shall be as follows:
730	730	(1) four units in English, with major emphasis
731	731	on grammar, nonfiction writing and literature; provided that
732	732	department-approved work-based training or career and technical
733	733	education courses that meet state English academic content and
734	734	performance standards shall qualify as one of the four required
735	735	English units;
736	736	(2) four units in mathematics, of which one
737	737	shall be the equivalent to or higher than the level of algebra
738	738	2, unless the parent submitted written, signed permission for
739	739	the student to complete a lesser mathematics unit; and provided
740	740	that a financial literacy course or department-approved work-
741	741	based training or career and technical education course that
742	742	meets state mathematics academic content and performance
743	743	standards shall qualify as one of the four required mathematics
744	744	units;
745	745	(3) three units in science, two of which shall
746	746	have a laboratory component; provided that department-approved
747	747	work-based training or career and technical education courses
748	748	that meet state science academic content and performance
749	749	standards shall qualify as one of the three required science
750	750	units;
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779	779	(4) three and one-half units in social
780	780	science, which shall include United States history and
781	781	geography, world history and geography, government and
782	782	economics and one-half unit of New Mexico history;
783	783	(5) one unit in physical education, as
784	784	determined by each school district, which may include a
785	785	physical education program that meets state content and
786	786	performance standards or participation in marching band, junior
787	787	reserve officers' training corps or interscholastic sports
788	788	sanctioned by the New Mexico activities association or any
789	789	other co-curricular physical activity;
790	790	(6) one unit in one of the following: a
791	791	career cluster course, workplace readiness or a language other
792	792	than English; and
793	793	(7) seven and one-half elective units that
794	794	meet department content and performance standards. Career and
795	795	technical education courses shall be offered as an elective.
796	796	Student service learning shall be offered as an elective.
797	797	Financial literacy shall be offered as an elective. Pre-
798	798	apprenticeship programs may be offered as electives. Media
799	799	literacy may be offered as an elective.
800	800	K. For students entering the eighth grade in the
801	801	2012-2013 school year, a course in health education is required
802	802	prior to graduation. Health education may be required in
803	803	either middle school or high school, as determined by the
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832	832	school district. Each school district shall submit to the
833	833	department by the beginning of the 2011-2012 school year a
834	834	health education implementation plan for the 2012-2013 and
835	835	subsequent school years, including in which grade health
836	836	education will be required and how the course aligns with
837	837	department content and performance standards. Health education
838	838	courses shall include:
839	839	(1) age-appropriate sexual abuse and assault
840	840	awareness and prevention training that meets department
841	841	standards developed in consultation with the federal centers
842	842	for disease control and prevention that are based on evidence-
843	843	based methods that have proven to be effective; and
844	844	(2) lifesaving skills training that follows
845	845	nationally recognized guidelines for hands-on psychomotor
846	846	skills cardiopulmonary resuscitation training. Students shall
847	847	be trained to recognize the signs of a heart attack, use an
848	848	automated external defibrillator and perform the Heimlich
849	849	maneuver for choking victims. The secretary shall promulgate
850	850	rules to provide for the:
851	851	(a) use of the following instructors for
852	852	the training provided pursuant to this paragraph: 1) school
853	853	nurses, health teachers and athletic department personnel as
854	854	instructors; and 2) any qualified persons volunteering to
855	855	provide training at no cost to the school district that the
856	856	school district determines to be eligible to offer instruction
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885	885	pursuant to this paragraph; and
886	886	(b) approval of training and
887	887	instructional materials related to the training established
888	888	pursuant to this paragraph in both English and Spanish.
889	889	L. For students entering the ninth grade in the
890	890	2017-2018 school year and subsequent school years:
891	891	(1) one of the units in mathematics required
892	892	by Paragraph (2) of Subsection J of this section may comprise a
893	893	computer science course if taken after the student demonstrates
894	894	competence in mathematics and if the course is not used to
895	895	satisfy any part of the requirement set forth in Paragraph (3)
896	896	of that subsection; and
897	897	(2) one of the units in science required by
898	898	Paragraph (3) of Subsection J of this section may comprise a
899	899	computer science course if taken after the student demonstrates
900	900	competence in science and if the course is not used to satisfy
901	901	any part of the requirement set forth in Paragraph (2) of that
902	902	subsection.
903	903	M. For students entering the ninth grade in the
904	904	2024-2025 school year, Holocaust and genocide studies shall be
905	905	offered as an elective.
906	906	[M.] N. Final examinations shall be administered to
907	907	all students in all classes offered for credit.
908	908	[N.] O. Until July 1, 2010, a student who has not
909	909	passed a state graduation examination in the subject areas of
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938	938	reading, English, mathematics, writing, science and social
939	939	science shall not receive a high school diploma. The state
940	940	graduation examination on social science shall include a
941	941	section on the constitution of the United States and the
942	942	constitution of New Mexico. If a student exits from the school
943	943	system at the end of grade twelve without having passed a state
944	944	graduation examination, the student shall receive an
945	945	appropriate state certificate indicating the number of credits
946	946	earned and the grade completed. If within five years after a
947	947	student exits from the school system the student takes and
948	948	passes the state graduation examination, the student may
949	949	receive a high school diploma. Any student passing the state
950	950	graduation examination and completing all other requirements
951	951	within five years of entering ninth grade, including a final
952	952	summer session if completed by August 1, may be counted by the
953	953	school system in which the student is enrolled as a high school
954	954	graduate for the year in which completion and examination
955	955	occur.
956	956	[O.] P. Beginning with the 2010-2011 school year, a
957	957	student shall not receive a New Mexico diploma of excellence if
958	958	the student has not demonstrated competence in the subject
959	959	areas of mathematics, reading and language arts, writing,
960	960	social studies and science, including a section on the
961	961	constitution of the United States and the constitution of New
962	962	Mexico, based on a standards-based assessment or assessments or
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991	991	a portfolio of standards-based indicators established by the
992	992	department by rule. The standards-based assessments required
993	993	in Section 22-2C-4 NMSA 1978 may also serve as the assessment
994	994	required for high school graduation. If a student exits from
995	995	the school system at the end of grade twelve without having
996	996	satisfied the requirements of this subsection, the student
997	997	shall receive an appropriate state certificate indicating the
998	998	number of credits earned and the grade completed. If within
999	999	five years after a student exits from the school system the
1000	1000	student satisfies the requirements of this subsection, the
1001	1001	student may receive a New Mexico diploma of excellence. Any
1002	1002	student satisfying the requirements of this subsection and
1003	1003	completing all other requirements within five years of entering
1004	1004	ninth grade, including a final summer session if completed by
1005	1005	August 1, may be counted by the school system in which the
1006	1006	student is enrolled as a high school graduate for the year in
1007	1007	which all requirements are satisfied.
1008	1008	[P.] Q. As used in this section:
1009	1009	(1) "career and technical education",
1010	1010	sometimes referred to as "vocational education", means
1011	1011	organized programs offering a sequence of courses, including
1012	1012	technical education and applied technology education, that are
1013	1013	directly related to the preparation of individuals for paid or
1014	1014	unpaid employment in current or emerging occupations requiring
1015	1015	an industry-recognized credential, certificate or degree;
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1044	1044	(2) "career and technical education course"
1045	1045	means a course with content that provides technical knowledge,
1046	1046	skills and competency-based applied learning and that aligns
1047	1047	with educational standards and expectations as defined in rule;
1048	1048	(3) "career cluster" means a grouping of
1049	1049	occupations in industry sectors based on recognized
1050	1050	commonalities that provide an organizing tool for developing
1051	1051	instruction within the educational system;
1052	1052	(4) "career pathways" means a sub-grouping
1053	1053	used as an organizing tool for curriculum design and
1054	1054	instruction of occupations and career specialities that share a
1055	1055	set of common knowledge and skills for career success;
1056	1056	(5) "final next-step plan" means a next-step
1057	1057	plan that shows that the student has committed or intends to
1058	1058	commit in the near future to a four-year college or university,
1059	1059	a two-year college, a trade or vocational program, an
1060	1060	internship or apprenticeship, military service or a job;
1061	1061	(6) "interim next-step plan" means an annual
1062	1062	next-step plan in which the student specifies post-high-school
1063	1063	goals and sets forth the coursework that will allow the student
1064	1064	to achieve those goals; and
1065	1065	(7) "next-step plan" means an annual personal
1066	1066	written plan of studies developed by a student in a public
1067	1067	school or other state-supported school or institution in
1068	1068	consultation with the student's parent and school counselor or
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1097	1097	other school official charged with coursework planning for the
1098	1098	student that includes one or more of the following:
1099	1099	(a) advanced placement or honors
1100	1100	courses;
1101	1101	(b) dual-credit courses offered in
1102	1102	cooperation with an institution of higher education;
1103	1103	(c) distance learning courses;
1104	1104	(d) career-technical courses; and
1105	1105	(e) pre-apprenticeship programs.
1106	1106	[Q.] R. The secretary may establish a policy to
1107	1107	provide for administrative interpretations to clarify
1108	1108	curricular and testing provisions of the Public School Code."
1109	1109	SECTION 9. EFFECTIVE DATE.--The effective date of the
1110	1110	provisions of this act is July 1, 2023.
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