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HOUSE BILL 467
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
E. Diane Torres-Velásquez and Linda M. López
and Pamelya Herndon and Patricia Roybal Caballero
AN ACT
RELATING TO PUBLIC EDUCATION; AMENDING STATUTES PERTAINING TO
SAFETY AND SUPPORT SERVICES FOR MULTICULTURAL STUDENTS;
BROADENING ELEMENTS OF DISCRIMINATION OR DISPARATE TREATMENT
SUBJECT TO DISCIPLINE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-5-4.3 NMSA 1978 (being Laws 1986,
Chapter 33, Section 9, as amended by Laws 2021, Chapter 19,
Section 1 and by Laws 2021, Chapter 37, Section 1 and also by
Laws 2021, Chapter 51, Section 8) is amended to read:
"22-5-4.3. SCHOOL DISCIPLINE POLICIES--RACIAL SENSITIVITY
AND ANTI-RACISM TRAINING--[HOTLINE ] ONLINE PORTAL FOR REPORTING
RACIALLY [CHARGED] MOTIVATED INCIDENTS AND RACIALIZED
AGGRESSION INVOLVING STUDENTS OR SCHOOL PERSONNEL--STUDENTS MAY
SELF-ADMINISTER CERTAIN MEDICATIONS.--
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A. Local school boards shall establish student
discipline policies and shall file them with the department.
The local school board shall involve parents, school personnel
and students in the development of these policies, and public
hearings shall be held during the formulation of these policies
in the high school attendance areas within each school district
or on a district-wide basis for those school districts that
have no high school. No local school board shall allow for the
imposition of discipline, discrimination or disparate treatment
against a student based on the student's race, religion or
culture, disability, home language, gender, level of family
income or because of the student's use of protective hairstyles
or cultural or religious headdresses; nor shall a student be
demeaned, bullied or punished for any of these characteristics
or use of cultural symbols .
B. Each school district discipline policy shall
establish rules of conduct governing areas of student and
school activity, detail specific prohibited acts and activities
and enumerate possible disciplinary sanctions, which sanctions
may include in-school suspension, school service, suspension or
expulsion. Corporal punishment shall be prohibited by each
local school board and each governing body of a charter school.
C. An individual school within a school district
may establish a school discipline policy; provided that
parents, school personnel and students are involved in its
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development and a public hearing is held in the school prior to
its adoption. If an individual school adopts a discipline
policy in addition to the local school board's school district
discipline policy, it shall submit its policy to the local
school board for approval.
D. All school discipline policies shall define and
include a specific prohibition against racialized aggression
involving a student or school personnel. Every school district
and every charter school shall provide links to the statewide
[hotline] online portal to report racially [charged ] motivated
incidents or racialized aggression. A submission and any
information in connection to the submission made through the
online portal is not a public record and is exempt from the
Inspection of the Public Records Act.
E. No school employee who in good faith reports any
known or suspected violation of the school discipline policy or
in good faith attempts to enforce the policy shall be held
liable for any civil damages as a result of such report or of
the employee's efforts to enforce any part of the policy.
F. All public school and school district discipline
policies shall allow students to carry and self-administer
asthma medication and emergency anaphylaxis medication that has
been legally prescribed to the student by a licensed health
care provider under the following conditions:
(1) the health care provider has instructed
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the student in the correct and responsible use of the
medication;
(2) the student has demonstrated to the health
care provider and the school nurse or other school official the
skill level necessary to use the medication and any device that
is necessary to administer the medication as prescribed;
(3) the health care provider formulates a
written treatment plan for managing asthma or anaphylaxis
episodes of the student and for medication use by the student
during school hours or school-sponsored activities, including
transit to or from school or school-sponsored activities; and
(4) the student's parent has completed and
submitted to the school any written documentation required by
the school or the school district, including the treatment plan
required in Paragraph (3) of this subsection and other
documents related to liability.
G. The parent of a student who is allowed to carry
and self-administer asthma medication and emergency anaphylaxis
medication may provide the school with backup medication that
shall be kept in a location to which the student has immediate
access in the event of an asthma or anaphylaxis emergency.
H. Authorized school personnel who in good faith
provide a person with backup medication as provided in this
section shall not be held liable for civil damages as a result
of providing the medication.
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I. As used in this section:
(1) "cultural or religious headdresses"
includes hijabs, head wraps or other headdresses used as part
of an individual's personal cultural or religious beliefs;
(2) "protective hairstyles" includes such
hairstyles as braids, locs, twists, tight coils or curls,
cornrows, bantu knots, afros, weaves, wigs or head wraps; and
(3) "race" includes traits historically
associated with race, including hair texture, length of hair,
protective hairstyles or cultural or religious headdresses."
SECTION 2. 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
bilingual multicultural education program shall:
(1) provide for the educational needs of
linguistically and culturally different students, including
Native American children and other students who may wish to
participate, in grades kindergarten through twelve, with
priority to be given to programs in grades 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
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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; ]
(3) use the home or heritage language as the
medium of instruction for any part or all of the curriculum of
the grade levels within the program and use English for an
additional part within the program when there is an
identifiable need to improve the students' English language
proficiency;
(4) use teachers who have specialized 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 shall administer language proficiency assessments in
both English and in the home or heritage language until
proficiency in each language is achieved;
(5) emphasize the history and cultures
associated with the students' home or heritage language;
(6) establish a parent advisory committee,
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;
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and
(7) provide 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."
SECTION 3. Section 22-23B-2 NMSA 1978 (being Laws 2010,
Chapter 108, Section 2 and Laws 2010, Chapter 114, Section 2)
is amended to read:
"22-23B-2. PURPOSE.--The purpose of the Hispanic
Education Act is to:
A. provide for the study, development and
implementation of educational systems that affect the
[educational] academic success of Hispanic students to [close
the achievement gap and ] increase graduation rates and ensure
lifelong success;
B. protect and preserve New Mexico's heritage
Spanish language and culture;
[B.] C. encourage and foster parental involvement
in the education of their children; and
[C.] D. provide mechanisms for parents; community,
community-based and business organizations; public schools,
school districts; charter schools; public post-secondary
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educational institutions; the higher education department ; the
public education department; and state and local policymakers
to work together to improve educational opportunities for
Hispanic students for the purpose of [closing the achievement
gap] increasing graduation rates, [and ] increasing
post-secondary enrollment, retention and completion and
ensuring lifelong success ."
SECTION 4. Section 22-23B-5 NMSA 1978 (being Laws 2010,
Chapter 108, Section 5 and Laws 2010, Chapter 114, Section 5)
is amended to read:
"22-23B-5. HISPANIC EDUCATION ADVISORY COUNCIL.--
A. The "Hispanic education advisory council" is
created as an advisory council to the secretary. The council
shall advise the secretary on matters related to improving
public school education for Hispanic students, increasing
parent involvement and community engagement in the education of
Hispanic students and increasing the number of Hispanic high
school graduates who succeed in post-secondary academic,
professional or vocational education.
B. The secretary shall appoint no more than twenty-
three members to the council who are knowledgeable about and
interested in the education of Hispanic students, including
representatives of public schools; post-secondary education and
teacher preparation programs; parents; Hispanic cultural,
community and business organizations; other community and
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business organizations; and other interested persons. The
secretary shall give due regard to geographic representation.
Members shall serve at the pleasure of the secretary.
C. The council shall elect a chairperson and such
other officers as it deems necessary.
D. The council shall meet as necessary, but at
least twice each year at the biannual Hispanic education
summit.
E. The council shall advise the secretary on
matters related to Hispanic education in New Mexico.
F. Members of the council [shall not ] may receive
per diem and mileage [or other compensation for their services ]
as provided for nonsalaried public officers in the Per Diem and
Mileage Act and shall receive no other compensation, perquisite
or allowance."
SECTION 5. Section 22-23C-5 NMSA 1978 (being Laws 2021,
Chapter 51, Section 5) is amended to read:
"22-23C-5. BLACK EDUCATION LIAISON CREATED--DUTIES.--
A. The "Black education liaison" is created in the
department.
B. The liaison shall:
(1) focus on issues related to Black education
and advise the secretary and the council on the development and
implementation of public policy regarding the education of
Black students;
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(2) advise the department and the council on
the development and implementation of the five-year strategic
plan for public elementary and secondary education in the state
as the plan relates to [Black student ] the education of Black
students;
(3) assist and be assisted by other staff in
the department and in the higher education department to
improve elementary, secondary and post-secondary educational
outcomes for Black students;
(4) maintain and update information on the
department's website or a separate website that includes:
(a) subject to funding, links to a
statewide [hotline] online reporting portal for reporting
[racially charged incidents ] school-based incidents of racism
or racial discrimination against anyone. A submission and any
information in connection to the submission made through the
online portal is not a public record and is exempt from the
Inspection of Public Records Act ;
(b) links to the department's Black
education [white] policy briefs or position papers as well as
other pertinent research; and
(c) information on and links to
historically Black colleges and universities;
(5) serve as a resource to enable school
districts and charter schools to provide equitable and
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culturally relevant learning environments, educational
opportunities and culturally relevant instructional materials
for Black students enrolled in public schools;
(6) support and consult with the council;
(7) support school districts and charter
schools to recruit parents on site-based and school district
committees that represent the ethnic diversity of the
community; and
(8) implement activities that are recommended
and prioritized by the council within available funding."
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