LESC bill analyses are available on the New Mexico Legislature website (www.nmlegis.gov). Bill analyses are
prepared by LESC staff for standing education committees of the New Mexico Legislature. LESC does not assume
any responsibility for the accuracy of these reports if they are used for other purposes.
LEGISLATIVE EDUCATION STUDY COMMITTEE
BILL ANALYSIS
57th Legislature, 1st Session, 2025
Bill Number SM9 Sponsor Pinto
Tracking Number .230398.1 Committee Referrals SRC/SIRC
Short Title Continue & Improve 520 Language
Original Date 3/1/2025
Analyst Davalos Last Updated
BILL SUMMARY
Synopsis of Bill
Senate Memorial 9 (SM9) requests LESC to convene a broad working group to study and make
recommendations concerning the 520 Native American Language and Culture (520 NALC)
certificate. The working group would be requested to include statewide representation and would
be tasked with making recommendations to LESC, the Legislature, and the Public Education
Department’s (PED’s) Indian Education Division regarding the 520 NALC organizational
structure and accountability, advancement and professional development, data collection and
transparency, and a long-term strategy for system improvement. The working group would be
requested to present its findings and recommendations by December 31, 2025.
FISCAL IMPACT
Legislative memorials do not contain appropriations.
SUBSTANTIVE ISSUES
The 520 Native American Language and Culture Certificates. Section 22-10A-13 NMSA 1978
authorizes the issuance of 520 NALC certificates, allowing individuals proficient in the language
and traditions of a New Mexico tribe, pueblo, or nation to teach without requiring a baccalaureate
degree. This certification, governed by memorandums of agreements between tribal governments
and PED, recognizes tribal sovereignty and the value of traditional knowledge passed down
outside conventional academic pathways. Since 2003, 16 tribes, pueblos, and nations have entered
into such agreements, ensuring Indigenous communities retain control over language instruction
and cultural education. In 2022, the Legislature amended state law to establish salary parity
between 520-certified NALC instructors and level 1 licensed teachers, reinforcing the significance
of their instructional roles and ensuring equitable compensation.
To further support Native language instruction, PED’s Indian Education Division awarded $1.325
million in FY25 to strengthen the 520 NALC program. According to the 2023-2024 Tribal
Education Status Report, there were 133 active 520-certified NALC instructors. Additionally, 99
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students earned State Seals of Bilingualism-Biliteracy Awards for Indigenous languages,
reflecting the impact of these programs in fostering bilingual proficiency and cultural preservation
among Native American students.
Maintaining and Promoting Native American Languages and Cultures. Research shows that
"strong, additive, academically rigorous Native language and culture programs" contribute to
language and cultural preservation while improving academic achievement. These immersive and
consistently integrated programs provide students with a meaningful connection to their heritage,
reinforcing the role of Indigenous languages as vehicles of knowledge transmission and cultural
continuity.
Research further shows strong Native language and culture programs are critical in enhancing
student motivation, self-esteem, and cultural pride. These attributes are directly tied to measurable
improvements in student outcomes, including better attendance and higher retention rates. When
students see their cultural backgrounds reflected in their education, they are more likely to feel
valued and supported, fostering a more profound commitment to learning.
Strong Native language and culture programs also impact entire communities. When schools
integrate Native languages into the core curriculum, they create opportunities for intergenerational
knowledge transfer, strengthening family and community ties. Elders and fluent speakers play an
essential role in these efforts, serving as cultural educators and mentors who ensure language
revitalization efforts are sustained.
Addressing Systemic Inequities and Cultural Identity Loss Among Native American
Students. Systemic inequities, coupled with cultural and linguistic barriers, contribute
significantly to the loss of cultural identity among Native American students. Despite efforts to
incorporate Native American culture into education, many students continue to experience an
education system that does not fully reflect their heritage or linguistic backgrounds. The lack of
consistent integration of Native American history, traditions, and perspectives into core subjects
like reading and mathematics further exacerbates this issue. Without deliberate and structured
inclusion of cultural heritage, Native American students may struggle to see the relevance of their
identities in academic settings, ultimately affecting their engagement and educational outcomes.
The National Indian Education Study (NIES) survey underscore the importance of personal and
intergenerational learning in preserving Native American culture. Native American students
reported they primarily learn about their history and traditions through interactions with family
members, tribal elders, and other community members. These exchanges take multiple forms,
including storytelling, classroom instruction, and immersive cultural practices such as traditional
craftsmanship and ceremonies. The survey found 45 percent of fourth grade and 60 percent of
eighth grade students learned the most about their history from family members, highlighting
families’ significant role in cultural education. Although family members are the primary
educators in Native cultural knowledge, teachers in school settings are the second most frequently
identified source. According to the NIES survey, 23 percent of fourth grade and 17 percent of
eighth grade students reported learning the most about Native American traditions from their
teachers.
ADMINISTRATIVE IMPLICATIONS
SM9 asks for participation from a large and diverse number of state agencies and stakeholder
groups, including:
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• PED’s Indian Education Division;
• PED’s Licensure Bureau;
• School districts and charter schools specializing in Native American language and culture
education;
• Organizations focused on 520 certification or bilingual teacher certification;
• Organizations providing professional development and training;
• Bilingual and multicultural education programs;
• Higher education institutions;
• Technical assistance centers; and
• 520-certified educators.
OTHER SIGNIFICANT ISSUES
The Consolidated Martinez-Yazzie Education Sufficiency Lawsuit. In 2019, the 1st Judicial
Court issued a final judgement and order in the consolidated Martinez-Yazzie education sufficiency
lawsuit, finding New Mexico’s public education system failed to provide a constitutionally
sufficient education for at-risk students, defined as English learners, Native American students,
students with disabilities, and students from low-income families. The court pointed to low high
school graduation rates, low student test scores, and high college remediation rates as indicators
of how the state failed to meet its constitutional obligation to ensure all students are college, career,
and civic ready. SM9 would require the study of the 520 NALC, which could support initiatives
that promote culturally sustaining education and tribal education sovereignty
New Mexico’s Indian Education Act (2003). The Indian Education Act requires PED to
collaborate with tribes in creating educational programs that respect cultural differences and
promote academic success for Native students. The act also requires public and charter schools to
provide equitable, culturally, and linguistically relevant education.
New Mexico’s Bilingual Multicultural Education Act (1973). The Bilingual Multicultural
Education Act was established to support bilingual and multicultural education programs that
promote linguistic equity and cultural preservation. The law ensures that students, particularly
English learners (ELs) and heritage language speakers, receive instruction that fosters
bilingualism, biliteracy, and academic success.
The Federal Indian Education Acts (1972 and 1975). Under the Indian Education Act of 1972,
the U.S. Department of Education allocated funds for the unique needs of Native students in public
schools with 10 or more Native students, now known as Title IX Indian Education. Priority funding
was given to discretionary programs for Native American tribes and organizations. The act
established the National Advisory Council on Indian Education to oversee its provisions, set
program priorities, and assess education for Native students. It also enabled the Department of
Education to work with Native American community colleges and authorized set-asides for
training teachers of Native American children. The Indian Self-Determination and Education
Assistance Act of 1975 further addressed Native American education in public schools. It led to
creating the Indian Education Division at the state level. However, it relied on existing resources
within the State Department of Education.
The Federal Native American Languages Act (1990). The Native American Languages Act
(NALA) acknowledges the unique status of Native American cultures and languages. It affirms
the United States’ responsibility to collaborate with Native communities to ensure their
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preservation. States are encouraged to eliminate certification barriers for qualified Native language
instructors, such as tribal elders, to facilitate their role in education.
The Esther Martinez Native American Languages Preservation Act (2006). The Esther
Martinez Native American Languages Preservation Act established grant funding to support
various language and cultural revitalization initiatives. These include Native American language
nests, survival schools, restoration programs, immersion programs, and language and culture
camps.
The Every Student Succeeds Act (2015). The Every Student Succeeds Act (ESSA) introduced
provisions to ensure Native students gain a deeper understanding of their communities, languages,
tribal histories, traditions, and cultures. It also facilitated the development of Native language
immersion programs and initiatives that address Indigenous children's unique cultural and
educational needs. Additionally, ESSA emphasized the inclusion of appropriately qualified tribal
elders and seniors in academic activities.
RELATED BILLS
Relates to House Bill 194, Culture Expression at Graduation Ceremonies, which would protect the
rights of Native American students from federally recognized tribes, nations, and pueblos to wear
culturally significant regalia, jewelry, and traditional items during graduation and promotion
ceremonies in New Mexico schools.
Relates to House Bill 488, Use of Language for Bilingual Education, which would amend New
Mexico’s Bilingual Multicultural Education Act, emphasizing the use of students' home or heritage
languages as mediums of instruction. HB488 would require instruction to be delivered in students'
home or heritage language alongside English when necessary to support language proficiency.
Relates to Senate Bill 13, State-Tribal Education Compact Schools Act, which creates the State-
Tribal Education Compact Schools Act and authorizes PED to enter into state-tribal education
compacts with Indian nations, tribes, or pueblos in New Mexico to establish language- and culture-
based schools.
Relates to Senate Bill 163, Tribal Regalia at School Events, which would protect the rights of
Native American students from federally recognized tribes, nations, and pueblos to wear culturally
significant regalia, jewelry, and traditional items during graduation and promotion ceremonies in
New Mexico schools.
Relates to Senate Bill 234, Tribal Education Trust Fund, which creates a tribal education trust fund
and provides a $100 million initial investment with provisions detailing how investment returns
on the fund would provide stable and consistent revenue for tribal education departments. SB234
also creates a tribal education trust fund task force to develop an equitable distribution formula.
SOURCES OF INFORMATION
• LESC Files
ND/mca/jkh