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SENATE BILL 58
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO EARLY CHILDHOOD; ENACTING THE CHILD CARE FACILITY
LICENSING ACT; PROVIDING DUTIES AND POWERS TO THE EARLY
CHILDHOOD EDUCATION AND CARE DEPARTMENT; PROHIBITING A CHILD
CARE FACILITY FROM OPERATING WITHOUT A DEPARTMENT-ISSUED
LICENSE; ALLOWING LICENSE-EXEMPT CHILD CARE FACILITIES TO
REGISTER WITH THE DEPARTMENT; PROVIDING FOR REVOCATION OR
SUSPENSION OF LICENSES, SANCTIONS AND PENALTIES FOR FACILITIES
THAT ARE NOT IN COMPLIANCE; EXEMPTING PROCUREMENT BY THE EARLY
CHILDHOOD EDUCATION AND CARE DEPARTMENT OF CHILD CARE FOR
FAMILIES ELIGIBLE FOR CHILD CARE ASSISTANCE; AMENDING SECTIONS
OF THE PRE-KINDERGARTEN ACT; ADDING APPLICATION REQUIREMENTS
AND PRIORITIES FOR EARLY PRE-KINDERGARTEN AND PRE-KINDERGARTEN
PROGRAM SERVICES SOLICITED BY THE EARLY CHILDHOOD EDUCATION AND
CARE DEPARTMENT; UPDATING DEFINITIONS AND REFERENCES IN THE
EARLY CHILDHOOD CARE ACCOUNTABILITY ACT.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
through 6 of this act may be cited as the "Child Care Facility
Licensing Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Child Care Facility Licensing Act:
A. "child" means a person who is less than eighteen
years of age;
B. "child care" means the provision of care and
supervision for less than twenty-four hours a day to
nonresident children;
C. "child care facility" means a person or publicly
or privately funded program that provides child care in the
state to more than four nonresident children;
D. "department" means the early childhood education
and care department;
E. "license-exempt child care facility" means a
person that provides child care in the person's residence to
four or fewer nonresident children and who is exempt from child
care licensing requirements pursuant to the Children's Code;
and
F. "licensee" means a child care facility that is
licensed by the department or a license-exempt child care
facility that is registered with the department.
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SECTION 3. [NEW MATERIAL] DEPARTMENT POWERS AND
DUTIES.--The department may make inspections and investigations
of child care facilities and license-exempt child care
facilities that register with the department pursuant to the
Child Care Facility Licensing Act. The department shall
promulgate rules necessary to administer the provisions of the
Child Care Facility Licensing Act and to promote the health,
safety, welfare, education and development of children in child
care facilities, including rules that specify:
A. criteria for a license, license renewal and
registration;
B. requirements for a facility to pass an
inspection;
C. criteria for granting a waiver or variance to
facilities that are not in compliance;
D. adjudicatory hearing rules and procedures; and
E. criteria for imposition of any intermediate
sanction, civil monetary penalty or order pursuant to the Child
Care Facility Licensing Act. The criteria shall provide for
more severe sanctions for a violation that results in any abuse
or neglect of a child or violations that place children at
substantial risk of serious physical or mental harm.
SECTION 4. [NEW MATERIAL] LICENSURE–CHILD CARE
FACILITY--RENEWAL--COMPLAINTS.--
A. A child care facility shall not be operated
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without a license issued by the department. If a child care
facility is found to be operating without a license, in order
to protect human health or safety, the department may issue a
cease-and-desist order. A child care facility that receives a
cease-and-desist order may request from the department a
hearing that shall be held in the manner provided in Section 5
of the Child Care Facility Licensing Act.
B. A license-exempt child care facility may elect
to register with the department. Upon department approval and
for the purposes of this section, registration shall be treated
as a license. A license-exempt child care facility that
registers pursuant to this subsection may enroll to participate
in the United States department of agriculture child and adult
care food program administered by the department and receive
child care assistance.
C. Upon written application for a license to
operate a child care facility or for registration by a license-
exempt child care facility, the department shall promptly
inspect the facility to determine if it is in compliance with
the law and all rules of the department.
D. Upon inspection of a child care facility or a
license-exempt child care facility, if the department finds a
violation of its rules or the Child Care Facility Licensing
Act, the department may deny the application for licensure or
registration, whether initial or renewal, or, for a child care
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facility, it may issue a temporary license. A temporary
license shall not be issued for a period exceeding one hundred
twenty days, nor shall more than two consecutive temporary
licenses be issued to the same child care facility.
E. A three-year nontransferable license shall be
issued to a child care facility complying with all rules of the
department, and a three-year registration shall be issued to a
license-exempt child care facility complying with all rules of
the department. Licenses shall be posted in a conspicuous
place on the licensed premises.
F. Upon filing of a renewal application, the
license or registration shall be renewable for a successive
three-year period if the department is satisfied that the child
care facility or license-exempt child care facility is in
compliance with all rules of the department or, if not in
compliance with a rule, has been granted a waiver or variance
of that rule by the department pursuant to procedures,
conditions and guidelines adopted by rule of the department.
G. The department may charge a child care facility
or license-exempt child care facility a reasonable fee not to
exceed one thousand dollars ($1,000) for each license
application or registration, whether initial or renewal, of an
annual license or the second consecutive issuance of a
temporary license. The fee charged shall be assessed pursuant
to a tiered fee structure adopted by the department based on
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the size and type of facility. All fees collected pursuant to
this section shall be deposited with the state treasurer for
credit in a designated department recurring account for use
administering the Child Care Facility Licensing Act.
H. The department shall allow for a person to
submit a complaint about a child care facility or license-
exempt child care facility. The department shall promptly
investigate a submitted complaint and take appropriate action
if the complaint is substantiated. The department shall
cross-reference among appropriate agencies, including the
children, youth and families department, allegations of abuse,
neglect or exploitation.
I. The name of and information regarding a person
making a complaint shall not be disclosed publicly absent the
consent of the person or a court order.
J. A complaint received by the department pursuant
to this section shall not be disclosed publicly in a manner as
to identify a person or facility if upon investigation the
complaint is unsubstantiated.
SECTION 5. [NEW MATERIAL] REVOCATION OR SUSPENSION OF
CHILD CARE FACILITY LICENSE--HEARINGS--APPEALS--SANCTIONS--
CIVIL PENALTY.--
A. Upon determination that a child care facility or
license-exempt child care facility is not in compliance with a
licensing requirement, department rule or provision of the
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Child Care Facility Licensing Act, the department, after notice
and opportunity for a hearing before a hearing officer
designated by the department to hear the matter, may:
(1) revoke or suspend a licensee's license or
registration;
(2) impose on a child care facility or
license-exempt child care facility an intermediate sanction
established by rule, including:
(a) conditions of operation;
(b) denial of payment of child care
assistance;
(c) restricted admissions;
(d) reduction of capacity; and
(e) cease-and-desist order of action;
and
(3) assess a civil penalty, with interest, not
to exceed ten thousand dollars ($10,000) per day for each day
the facility is or was out of compliance. Penalties and
interest amounts assessed under this paragraph and recovered on
behalf of the state shall be remitted to the department in a
recurring account in the state treasury for the sole purpose of
funding the nonreimbursed cost of child care facility
compliance investigations.
B. If immediate action is required to protect human
health and safety, the department may suspend a licensee's
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license or registration or impose an intermediate sanction
pursuant to Subsection A of this section pending a hearing;
provided that the hearing is held within five working days of
the suspension or imposition of the sanction, unless waived by
the licensee.
C. The department shall schedule a hearing if the
department receives a request for a hearing from a child care
facility or license-exempt child care facility:
(1) within ten working days after receipt by
the facility of the notice of suspension, revocation,
imposition of an intermediate sanction or civil monetary
penalty or denial of an initial or renewal application;
(2) within five working days after receipt by
the facility of an emergency suspension order or emergency
intermediate sanction imposition and notice of hearing unless
the facility wishes to waive the early hearing scheduled and
request a hearing at a later date; or
(3) within five working days after receipt by
the facility of a cease-and-desist order.
D. The department shall provide timely notice of
the date, time and place of a hearing, identity of the hearing
officer, subject matter of the hearing and alleged violations.
E. A hearing held pursuant to this section shall be
conducted in accordance with adjudicatory hearing rules and
procedures adopted by rule of the department. A child care
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facility or license-exempt child care facility has the right to
be represented by counsel, present all relevant evidence by
means of witnesses and books, papers, documents, records, files
and other evidence and examine all opposing witnesses who
appear on any matter relevant to the issues. The hearing
officer has the power to administer oaths on request of any
party and issue subpoenas and subpoenas duces tecum prior to or
after the commencement of the hearing to compel discovery and
the attendance of witnesses and the production of relevant
books, papers, documents, records, files and other evidence.
F. A party to the hearing may appeal the final
decision of the department pursuant to the provisions of
Section 39-3-1.1 NMSA 1978.
SECTION 6. [NEW MATERIAL] VIOLATION OF ACT, ORDER OR
RULE--PETTY MISDEMEANOR--PENALTIES.--A person who violates a
provision of the Child Care Facility Licensing Act or an order
or rule adopted pursuant to the provisions of the Child Care
Facility Licensing Act is guilty of a petty misdemeanor and
shall be punished by a fine not to exceed five hundred dollars
($500) or imprisonment in the county jail for a definite term
not to exceed six months or both such fine and imprisonment in
the discretion of the court. Each day of a continuing
violation of Subsection A of Section 4 of the Child Care
Facility Licensing Act after conviction shall be considered a
separate offense. The department may also enforce its rules
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and orders by any appropriate civil action. The attorney
general shall represent the department.
SECTION 7. Section 13-1-98 NMSA 1978 (being Laws 1984,
Chapter 65, Section 71, as amended by Laws 2023, Chapter 149,
Section 2 and by Laws 2023, Chapter 174, Section 1) is amended
to read:
"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The
provisions of the Procurement Code shall not apply to:
A. procurement of items of tangible personal
property or services by a state agency or a local public body
from a state agency, a local public body or external
procurement unit except as otherwise provided in Sections
13-1-135 through 13-1-137 NMSA 1978;
B. procurement of tangible personal property or
services for the governor's mansion and grounds;
C. printing and duplicating contracts involving
materials that are required to be filed in connection with
proceedings before administrative agencies or state or federal
courts;
D. purchases of publicly provided or publicly
regulated gas, electricity, water, sewer and refuse collection
services;
E. purchases of books, periodicals, instructional
materials and training materials in printed, digital or
electronic format from the publishers, designated public-
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education-department-approved instructional material
depositories or copyright holders thereof and purchases of
print, digital or electronic format library materials by
public, school and state libraries for access by the public;
F. travel or shipping by common carrier or by
private conveyance or to meals and lodging;
G. purchase of livestock at auction rings or to the
procurement of animals to be used for research and
experimentation or exhibit;
H. contracts with businesses for public school
transportation services;
I. procurement of tangible personal property or
services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978,
by the corrections industries division of the corrections
department pursuant to rules adopted by the corrections
industries commission, which shall be reviewed by the
purchasing division of the general services department prior to
adoption;
J. purchases not exceeding ten thousand dollars
($10,000) consisting of magazine subscriptions, web-based or
electronic subscriptions, conference registration fees and
other similar purchases where prepayments are required;
K. municipalities having adopted home rule charters
and having enacted their own purchasing ordinances;
L. the issuance, sale and delivery of public
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securities pursuant to the applicable authorizing statute, with
the exception of bond attorneys and general financial
consultants;
M. contracts entered into by a local public body
with a private independent contractor for the operation, or
provision and operation, of a jail pursuant to Sections 33-3-26
and 33-3-27 NMSA 1978;
N. contracts for maintenance of grounds and
facilities at highway rest stops and other employment
opportunities, excluding those intended for the direct care and
support of persons with handicaps, entered into by state
agencies with private, nonprofit, independent contractors who
provide services to persons with handicaps;
O. contracts and expenditures for services or items
of tangible personal property to be paid or compensated by
money or other property transferred to New Mexico law
enforcement agencies by the United States department of justice
drug enforcement administration;
P. contracts for retirement and other benefits
pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
Q. contracts with professional entertainers;
R. contracts and expenditures for legal
subscription and research services and litigation expenses in
connection with proceedings before administrative agencies or
state or federal courts, including experts, mediators, court
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reporters, process servers and witness fees, but not including
attorney contracts;
S. contracts for service relating to the design,
engineering, financing, construction and acquisition of public
improvements undertaken in improvement districts pursuant to
Subsection L of Section 3-33-14.1 NMSA 1978 and in county
improvement districts pursuant to Subsection L of Section
4-55A-12.1 NMSA 1978;
T. works of art for museums or for display in
public buildings or places;
U. contracts entered into by a local public body
with a person, firm, organization, corporation or association
or a state educational institution named in Article 12, Section
11 of the constitution of New Mexico for the operation and
maintenance of a hospital pursuant to Chapter 3, Article 44
NMSA 1978, lease or operation of a county hospital pursuant to
the Hospital Funding Act or operation and maintenance of a
hospital pursuant to the Special Hospital District Act;
V. purchases of advertising in all media, including
radio, television, print and electronic;
W. purchases of promotional goods intended for
resale by the tourism department;
X. procurement of printing, publishing and
distribution services for materials produced and intended for
resale by the cultural affairs department;
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Y. procurement by or through the public education
department from the federal department of education relating to
parent training and information centers designed to increase
parent participation, projects and initiatives designed to
improve outcomes for students with disabilities and other
projects and initiatives relating to the administration of
improvement strategy programs pursuant to the federal
Individuals with Disabilities Education Act; provided that the
exemption applies only to procurement of services not to exceed
two hundred thousand dollars ($200,000);
Z. procurement of services from community
rehabilitation programs or qualified individuals pursuant to
the State Use Act;
AA. purchases of products or services for eligible
persons with disabilities pursuant to the federal
Rehabilitation Act of 1973;
BB. procurement, by either the department of health
or Grant county or both, of tangible personal property,
services or construction that are exempt from the Procurement
Code pursuant to Section 9-7-6.5 NMSA 1978;
CC. contracts for investment advisory services,
investment management services or other investment-related
services entered into by the educational retirement board, the
state investment officer or the retirement board created
pursuant to the Public Employees Retirement Act;
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DD. the purchase for resale by the state fair
commission of feed and other items necessary for the upkeep of
livestock;
EE. contracts entered into by the crime victims
reparation commission to distribute federal grants to assist
victims of crime, including grants from the federal Victims of
Crime Act of 1984 and the federal Violence Against Women Act of
1994;
FF. procurement by or through the early childhood
education and care department of early pre-kindergarten and
pre-kindergarten services purchased pursuant to the
Pre-Kindergarten Act and of child care for families that are
eligible for child care assistance ;
GG. procurement of services of commissioned
advertising sales representatives for New Mexico magazine;
HH. contracts entered into by the forestry division
of the energy, minerals and natural resources department to
distribute federal grants to nongovernmental entities and
individuals selected through an application process conducted
by the United States department of agriculture, the United
States department of the interior or any division or bureau
thereof for programs for wildfire prevention or protection,
urban forestry, forest and watershed restoration and
protection, reforestation or economic development projects to
advance the use of trees and wood biomass for hazardous fuel
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reduction; and
II. procurements exempt from the Procurement Code
as otherwise provided by law."
SECTION 8. Section 32A-23-2 NMSA 1978 (being Laws 2005,
Chapter 170, Section 2, as amended) is amended to read:
"32A-23-2. FINDINGS.--The legislature finds that:
A. [special needs are ] all young children,
including those with disabilities, must have access to high-
quality early childhood programs. The need to maintain early
education opportunities for all young children is present among
the state's population of three- and four-year-old children and
those needs warrant the provision of universal and free early
pre-kindergarten and pre-kindergarten programs;
B. participation in quality early pre-kindergarten
and pre-kindergarten has a positive effect on children's
intellectual, emotional, social and physical development; and
C. early pre-kindergarten and pre-kindergarten will
advance governmental interests and childhood development and
school readiness."
SECTION 9. Section 32A-23-3 NMSA 1978 (being Laws 2005,
Chapter 170, Section 3, as amended) is amended to read:
"32A-23-3. DEFINITIONS.--As used in the Pre-Kindergarten
Act:
A. "community" means an area defined by school
district boundaries, tribal boundaries or joint boundaries of a
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school district and tribe or any combination of school
districts and tribes;
B. "department" means the early childhood education
and care department;
C. "early pre-kindergarten program" means a
statewide, voluntary developmental readiness program for
eligible children [who have attained their third birthday prior
to September 1 that delivers to eligible children programs ]
that [address] addresses their total developmental needs,
including their physical, cognitive, social and emotional
needs, and that supports their development in the areas of
health care, nutrition and safety and multicultural awareness;
D. "eligible child" means:
(1) for early pre-kindergarten , a person [age
three or four] who is three years old on September 1 of the
early pre-kindergarten [or ] program year, who is enrolled in a
head start preschool or who is eligible for special education
and related services under Part B, Section 19 of the federal
Individuals with Disabilities Education Act; and
(2) for pre-kindergarten, a person who is four
years old on September 1 of the pre-kindergarten program year;
E. "eligible provider" means a person:
(1) licensed by the department to provide
early childhood developmental readiness services or preschool
special education; or
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(2) who is a public provider or a tribal
program or head start program and who participates in the
department's tiered quality system and maintains compliance
with the department's rules on pre-kindergarten standards ;
F. "mixed delivery programming" means the provision
of pre-kindergarten programs through an equal distribution of
funds to programs administered by the public schools and other
programs licensed by the department;
G. "pre-kindergarten program" means a statewide,
voluntary developmental readiness program for eligible children
[who have attained their fourth birthday prior to September 1 ]
that delivers [to eligible children ] programs that address
their total developmental needs, including their physical,
cognitive, social and emotional needs, and that supports their
development in the areas of health care, nutrition and safety
and multicultural awareness;
H. "public provider" means a school district or
charter school; and
I. "tribe" means an Indian nation, tribe or pueblo
located in New Mexico."
SECTION 10. Section 32A-23-4 NMSA 1978 (being Laws 2005,
Chapter 170, Section 4, as amended) is amended to read:
"32A-23-4. EARLY PRE-KINDERGARTEN AND PRE-KINDERGARTEN
PROGRAMS--INTERAGENCY COOPERATION--CONTRACTS--CONTRACT
MONITORING--RESEARCH.--
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A. The department shall develop and implement an
early pre-kindergarten program and a pre-kindergarten program.
The department may transfer funds to the public education
department for an approved public provider or may contract with
any other eligible provider for the delivery of early pre-
kindergarten and pre-kindergarten program services.
B. The department shall establish standards and
performance measures for the early pre-kindergarten and pre-
kindergarten programs to ensure the delivery of high-quality,
effective services that prepare participating children for
kindergarten. The department and the public education
department shall cooperate to align standards for [early pre-
kindergarten, pre-kindergarten and kindergarten programs ] the
transition of children from pre-kindergarten to kindergarten .
Those departments shall enter into an agreement to share data
necessary to report on the early pre-kindergarten and pre-
kindergarten programs' performance, including the percentage of
program participants who:
(1) enter kindergarten:
(a) developmentally prepared for it;
(b) needing special services; and
(c) proficient in reading and
mathematics; and
(2) are retained in kindergarten or first,
second or third grade.
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C. The department shall coordinate with federal
head start agencies grantees to avoid duplication of effort and
maximize the use of available resources in the implementation
of the early pre-kindergarten and pre-kindergarten programs.
D. The department shall promulgate rules on pre-
kindergarten and early pre-kindergarten program services,
including state policies and standards defining length of
service for pre-kindergarten and early pre-kindergarten
programs, and shall review the process for making contract
awards and for the expenditure and use of contract funds.
E. The department shall monitor activity under
early pre-kindergarten and pre-kindergarten program [contracts ]
agreements to ensure adherence to child-centered,
developmentally appropriate practices and outcomes. The
department shall provide early childhood training and technical
assistance to [contract ] award recipients, including training
on social-emotional learning, early literacy and early
mathematics.
F. Each year, the department shall provide an
annual report to the governor and the legislature on the early
pre-kindergarten and pre-kindergarten programs."
SECTION 11. Section 32A-23-6 NMSA 1978 (being Laws 2005,
Chapter 170, Section 6, as amended) is amended to read:
"32A-23-6. REQUESTS FOR [PROPOSALS--CONTRACTS FOR
SERVICES] APPLICATIONS--AWARD OF FUNDS .--
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A. The department shall solicit the delivery of
[both] half-day and full-day early pre-kindergarten and pre-
kindergarten program services based on community need to
support a system of mixed delivery programming by publishing [a
request for proposals or ] a request for applications that
contains the same requested information for pre-kindergarten
services.
B. Eligible providers shall submit [proposals ]
applications to the department that shall include a description
of the services that will be provided, including:
(1) how the provider's services meet
[department] and adhere to New Mexico's pre-kindergarten
standards;
(2) the number of eligible children the
provider [can] intends to serve;
[(3) the provider's site and floor plans and a
description of its facilities;
(4)] (3) the revenue sources and non-state
funding available for the provider's delivery of services;
[(5)] (4) a description of the qualifications
and experience of the provider's service-delivery staff for
each site, including evidence that the provider's lead teachers
have at minimum a bachelor's degree in early childhood and the
provider's educational assistants have at minimum an
associate's degree in early childhood ;
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[(6)] (5) the provider's plan for
communicating with and involving parents of children in the
early pre-kindergarten and pre-kindergarten programs;
[(7)] (6) how the provider's services meet the
continuum of services to children;
(7) a description of the provider's approach
to the curriculum that will be implemented;
(8) a description of the provider's plan to
support children with special needs;
(9) a description of the provider's plan to
provide each child with age-appropriate health and development
screenings;
(10) how the sizes of the provider's classes
and the teacher-to-child ratios will follow the highest level
of the department's tiered quality rating system;
(11) a description of the provider's intended
nutrition plan; and
[(8)] (12) other relevant information.
C. The department shall accept and evaluate
[proposals or] applications for the delivery of early pre-
kindergarten and pre-kindergarten program services by eligible
providers.
D. In selecting among [proposals and ] applications
for the delivery of early pre-kindergarten and pre-kindergarten
program services, the department shall give priority to
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programs in communities with public elementary schools
designated as Title I schools in which at least sixty-six
percent of the children served reside within the attendance
zone of a Title I elementary school. It shall further
consider:
(1) the number of eligible children residing
in the community and the number of eligible children proposed
to be served;
(2) the adequacy and capacity of pre-
kindergarten facilities in the community;
[(3) the availability of language and literacy
services in the community;
(4)] (3) the cultural, historic and linguistic
responsiveness to the community;
[(5) the availability of parent education
services for parents of eligible children in the community;
(6)] (4) staff professional development plans;
[(7)] (5) the capacity of local organizations
and persons interested in and involved in programs and services
for eligible children and their commitment to work together;
[(8)] (6) the degree of local support for
early pre-kindergarten and pre-kindergarten program services in
the community; and
[(9)] (7) other relevant criteria specified by
department rule.
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E. [A contract] An agreement with an eligible
provider for early pre-kindergarten and pre-kindergarten
program services shall provide that funds not be used for any
religious, sectarian or denominational purposes, instruction or
material."
SECTION 12. Section 32A-23C-1 NMSA 1978 (being Laws 2018,
Chapter 44, Section 1) is amended to read:
"32A-23C-1. SHORT TITLE.--[This act ] Chapter 32A, Article
23C NMSA 1978 may be cited as the "Early Childhood Care
Accountability Act"."
SECTION 13. Section 32A-23C-2 NMSA 1978 (being Laws 2018,
Chapter 44, Section 2) is amended to read:
"32A-23C-2. DEFINITIONS.--As used in the Early Childhood
Care Accountability Act:
A. "child care assistance" means the assistance
administered by the department that provides child care through
the child care assistance program for school-aged children as
the primary service delivery strategy through a contract with
the department that offers services based on income and need
for care to parents with children who are school-aged, as
department rules define "school-aged";
B. "culturally and linguistically appropriate"
means taking into consideration the culture, customs and
language of an eligible family;
C. "department" means the early childhood education
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and care department;
[C.] D. "early childhood care assistance" means
assistance administered by the department that provides child
care through the child care assistance program for children
under five years of age as the primary service delivery
strategy through a contract with the department and that offers
services based on income criteria and need for care to parents
with children who have not yet entered kindergarten;
[D.] E. "eligible family" means a family that
receives early childhood care assistance or child care
assistance through the department;
[E.] F. "licensed child care program" means a
publicly or privately funded program that:
(1) provides child care in the state in
accordance with department standards to school-aged children,
as department rules define "school-aged"; and
(2) is licensed by the department;
[F.] G. "licensed early childhood care program"
means a publicly or privately funded program that provides
child care in accordance with department standards to children
under five years of age in the state and that is licensed by
the department; and
[G.] H. "licensed exempt child care program" means
a child care home or facility that is exempt from child care
licensing requirements pursuant to the [Public Health Act ]
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Children's Code."
SECTION 14. Section 32A-23C-3 NMSA 1978 (being Laws 2018,
Chapter 44, Section 3) is amended to read:
"32A-23C-3. LICENSED EARLY CHILDHOOD CARE PROGRAMS--
REQUIREMENTS.--
A. The department shall adopt and promulgate rules
to establish specific standards for licensure and registration
of licensed early childhood care programs that provide care for
children from birth to five years of age. As part of these
standards, the department shall establish and implement a
voluntary rating scale and determine levels that accord with
levels of service quality. The standards shall ensure that the
health, safety, social-emotional support, school readiness and
staff qualifications components are consistent in accordance
with the tier levels that the department has established by
rule. The department shall use the tiered ratings it has
established to pay higher rates for higher-rated individual
licensed early childhood care program providers. Standards for
licensed early childhood care programs shall:
(1) specify the purpose and outcomes of
services that constitute the program;
(2) define high-quality service delivery and
continuous quality improvement;
(3) provide a common framework for early
childhood care service delivery and accountability across all
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early childhood care programs;
(4) be designed to promote child well-being,
early education, social-emotional support and an emphasis on
school readiness;
(5) allow for the collection, aggregation and
analysis of common data;
(6) be grounded in best practices geared
toward optimal health and developmental outcomes; and
(7) establish foundational and continuing
education requirements for staff.
B. A licensed early childhood care program shall:
(1) ensure the health and safety of children
while they are in care;
(2) comply with the department's background
check requirements for all staff members, educators and
volunteers in licensed early childhood care programs;
(3) provide positive discipline and guidance;
(4) continually evaluate program performance;
(5) collect data on program activities and
outcomes for reporting in accordance with the tier levels that
the department has established in rule, pursuant to Section [4
of the Early Childhood Care Accountability Act ] 32A-23C-4 NMSA
1978;
(6) be culturally and linguistically
appropriate;
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(7) measure the promotion of positive
development and appropriate early childhood educational
practices, in accordance with the tier levels that the
department has established in rule, pursuant to Section [4 of
the Early Childhood Care Accountability Act ] 32A-23C-4 NMSA
1978;
(8) ensure that enrolled children are up-to-
date with immunizations, in accordance with state law;
(9) train staff on reporting any suspected
child abuse and neglect to the department's protective services
division and to local authorities;
(10) ensure that the program has established
and shared with parents a curriculum statement that supports
school readiness; and
(11) follow a curriculum that is aligned with
child development functional areas, including the New Mexico
early learning guidelines, in accordance with the tier levels
that the department has established by rule."
SECTION 15. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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