SB0058

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.

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.

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 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 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 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 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;

(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 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 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 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-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 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 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;

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;

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 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 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

(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.--

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

(2) are retained in kindergarten or first, second or third grade.

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.--

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;

[(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 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.

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 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] 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 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;

(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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