0001| HOUSE BILL 76
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| BARBARA A. PEREA CASEY
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0006|
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0007|
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0008|
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0009| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0010|
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0011| AN ACT
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0012| RELATING TO EDUCATION; ALLOWING LOCAL SCHOOL BOARDS TO PURCHASE
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0013| SCHOOL INSTRUCTIONAL MATERIAL DIRECTLY FROM A PUBLISHER;
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0014| AMENDING SECTIONS OF THE PUBLIC SCHOOL CODE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-2-2 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 5, as amended) is amended to read:
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0019| "22-2-2. STATE BOARD--DUTIES.--Without limiting those
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0020| powers granted to the state board pursuant to Section 22-2-1
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0021| NMSA 1978, the state board shall perform the following duties:
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0022| A. properly and uniformly enforce the provisions of
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0023| the Public School Code;
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0024| B. determine policy for the operation of all public
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0025| schools and vocational education programs in the state;
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0001| C. appoint a state superintendent;
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0002| D. adopt regulations to administer the purchase
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0003| and loan of instructional material to students pursuant to the
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0004| Instructional Material Law [and adopt regulations relating to
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the use and operation of instructional material depositories in
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the instructional material distribution process];
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0007| E. adopt regulations to allow school districts to
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0008| purchase instructional material directly from a publisher or his
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0009| authorized agent;
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0010| [E.] F. designate courses of instruction to be
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0011| taught in all public schools in the state;
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0012| [F.] G. assess and evaluate all state
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0013| institutions and those private schools that desire state
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0014| accreditation;
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0015| [G.] H. determine the qualifications for and
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0016| issue a certificate to any person teaching, assisting teachers,
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0017| supervising an instructional program, counseling, providing
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0018| special instructional services or administering in public
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0019| schools, according to law and according to a system of
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0020| classification adopted and published by the state board;
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0021| [H.] I. suspend or revoke a certificate held by
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0022| a certified school instructor or certified school administrator,
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0023| according to law, for incompetency, immorality or for any other
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0024| good and just cause;
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0025| [I.] J. make full and complete reports on
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0001| consolidation of school districts to the legislature;
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0002| [J.] K. prescribe courses of instruction,
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0003| requirements for graduation and standards for all public
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0004| schools, for private schools seeking state accreditation and for
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0005| the educational programs conducted in state institutions;
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0006| [K.] L. adopt regulations for the administration
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0007| of all public schools and bylaws for its own administration;
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0008| [L.] M. require periodic reports on forms
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0009| prescribed by it from all public schools and attendance reports
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0010| from private schools;
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0011| [M.] N. authorize adult educational programs to
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0012| be conducted in schools under its jurisdiction and promulgate
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0013| and publish regulations governing all such adult educational
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0014| programs;
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0015| [N.] O. require any school under its
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0016| jurisdiction that sponsors athletic programs involving sports to
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0017| mandate that the participating student obtain catastrophic
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0018| health and accident insurance coverage, such coverage to be
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0019| offered through the school and issued by an insurance company
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0020| duly licensed pursuant to the laws of New Mexico;
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0021| [O.] P. require all accrediting agencies for
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0022| public schools in the state to act with its approval;
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0023| [P.] Q. accept and receive all grants of money
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0024| from the federal government or any other agency for public
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0025| school purposes and disburse the money in the manner and for the
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0001| purpose specified in the grant;
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0002| [Q.] R. require prior approval for any
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0003| educational program in a public school that is to be conducted,
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0004| sponsored, carried on or caused to be carried on by a private
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0005| organization or agency;
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0006| [R.] S. approve or disapprove all rules or
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0007| regulations promulgated by any association or organization
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0008| attempting to regulate any public school activity and invalidate
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0009| any rule or regulation in conflict with any regulation
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0010| promulgated by the state board. The state board may require
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0011| performance and financial audits of any association or
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0012| organization attempting to regulate any public school activity.
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0013| The state board shall have no power or control over the rules or
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0014| regulations or the bylaws governing the administration of the
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0015| internal organization of the association or organization;
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0016| [S.] T. review decisions made by the governing
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0017| board or officials of any organization or association regulating
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0018| any public school activity, and any decision of the state board
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0019| shall be final in respect thereto;
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0020| [T.] U. accept or reject any charitable gift,
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0021| grant, devise or bequest. The particular gift, grant, devise or
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0022| bequest accepted shall be considered an asset of the state;
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0023| [U.] V. establish and maintain regional centers,
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0024| at its discretion, for conducting cooperative services between
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0025| public schools and school districts within and among those
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0001| regions and to facilitate regulation and evaluation of school
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0002| programs;
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0003| [V.] W. assess and evaluate for accreditation
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0004| purposes at least one-third of all public schools each year
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0005| through visits by department of education personnel to
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0006| investigate the adequacy of pupil gain in standard required
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0007| subject matter, adequacy of pupil activities, functional
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0008| feasibility of public school and school district organization,
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0009| adequacy of staff preparation and other matters bearing upon the
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0010| education of the students;
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0011| [W.] X. provide for management and other
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0012| necessary personnel to operate any public school or school
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0013| district that has failed to meet requirements of law, state
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0014| board standards or state board regulations; provided that the
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0015| operation of the public school or school district shall not
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0016| include any consolidation or reorganization without the approval
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0017| of the local board of that school district. Until such time as
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0018| requirements of law, standards or regulations have been met and
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0019| compliance is assured, the powers and duties of the local school
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0020| board shall be suspended;
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0021| [X.] Y. establish and implement a plan that
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0022| provides for technical assistance to local school boards through
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0023| workshops and other in-service training methods; provided,
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0024| however, that no plan shall require mandatory attendance by any
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0025| member of a local school board;
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0001| [Y.] Z. submit a plan applying for funds
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0002| available under Public Law 94-142 and disburse these funds in
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0003| the manner and for the purposes specified in the plan; and
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0004| [Z.] AA. enforce requirements for home schools.
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0005| Upon finding that a home school is not in compliance with law,
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0006| the state board shall have authority to order that a student
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0007| attend a public school or a private school."
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0008| Section 2. Section 22-15-4 NMSA 1978 (being Laws 1967,
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0009| Chapter 16, Section 208, as amended) is amended to read:
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0010| "22-15-4. BUREAU--DUTIES.--Subject to the policies and
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0011| regulations of the state board, the bureau shall:
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0012| A. administer the provisions of the Instructional
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0013| Material Law;
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0014| B. enforce regulations for the handling, safekeeping
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0015| and distribution of instructional material and instructional
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0016| material funds, and for inventory and accounting procedures to
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0017| be followed by school districts, state institutions, private
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0018| schools and adult basic education centers pursuant to the
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0019| Instructional Material Law;
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0020| C. withdraw or withhold the privilege of
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0021| participating in the free use of instructional material in case
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0022| of any violation of or noncompliance with the provisions of the
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0023| Instructional Material Law or any regulations adopted pursuant
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0024| thereto; and
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0025| D. enforce regulations relating to the use and
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0001| operation of instructional material depositories in the
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0002| instructional material distribution process provided that a
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0003| local school district shall not be required to acquire
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0004| instructional material through an instructional material
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0005| depository."
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0006| Section 3. Section 22-15-5 NMSA 1978 (being Laws 1967,
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0007| Chapter 16, Section 209, as amended) is amended to read:
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0008| "22-15-5. INSTRUCTIONAL MATERIAL FUND.--
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0009| A. The state treasurer shall establish a fund to be
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0010| known as the "instructional material fund".
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0011| B. The instructional material fund shall be used for
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0012| the purpose of paying for the cost of purchasing instructional
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0013| material pursuant to the Instructional Material Law.
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0014| Transportation charges for the delivery of instructional
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0015| material to a school district, a state institution, a private
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0016| school or an adult basic education center [as agent] and
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0017| emergency expenses incurred in providing instructional material
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0018| to students may be included as a cost of purchasing
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0019| instructional material. Charges for rebinding of used
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0020| instructional materials that appear on the multiple list
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0021| pursuant to Section 22-15-8 NMSA 1978 may also be included as a
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0022| cost of purchasing instructional material."
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0023| Section 4. Section 22-15-7 NMSA 1978 (being Laws 1967,
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0024| Chapter 16, Section 211, as amended) is amended to read:
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0025| "22-15-7. STUDENTS ELIGIBLE--DISTRIBUTION.--
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0001| A. Any qualified student or person eligible to
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0002| become a qualified student attending a public school, a state
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0003| institution or a private school [approved] accredited by the
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0004| state board in any grade from first through the twelfth grade of
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0005| instruction is entitled to the free use of instructional
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0006| material. Any student enrolled in an early childhood education
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0007| program as defined by Section 22-13-3 NMSA 1978 or person
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0008| eligible to become an early childhood education student as
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0009| defined by that section attending a private early childhood
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0010| education program approved by the state board is entitled to the
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0011| free use of instructional material. Any student in an adult
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0012| basic education program approved by the state board is entitled
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0013| to the free use of instructional material.
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0014| B. Instructional material shall be distributed to
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0015| school districts, state institutions, private schools and adult
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0016| basic education centers as agents for the benefit of students
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0017| entitled to the free use of the instructional material.
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0018| C. Any school district, state institution, private
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0019| school or adult basic education center [as agent] receiving
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0020| instructional material pursuant to the Instructional Material
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0021| Law is responsible for distribution of the instructional
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0022| material for use [of] by eligible students and for the
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0023| safekeeping of the instructional material."
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0024| Section 5. Section 22-15-8 NMSA 1978 (being Laws 1967,
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0025| Chapter 16, Section 212, as amended) is amended to read:
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0001| "22-15-8. MULTIPLE LIST--SELECTION.--
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0002| A. The state board shall adopt a multiple list to be
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0003| made available to students pursuant to the Instructional
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0004| Material Law. The state board shall ensure that parents and
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0005| other community members are involved in the adoption process at
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0006| the state level.
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0007| B. Pursuant to the provisions of the Instructional
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0008| Material Law, each school district, state institution, private
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0009| school or adult basic education center [as agent] may select
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0010| instructional material for the use of its students from the
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0011| multiple list adopted by the state board. Local school boards
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0012| shall give written notice to parents and other community members
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0013| and shall invite parental involvement in the adoption process at
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0014| the district level. Local school boards shall also give public
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0015| notice, which notice may include publication in a newspaper of
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0016| general circulation in the school district."
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0017| Section 6. Section 22-15-9 NMSA 1978 (being Laws 1967,
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0018| Chapter 16, Section 213, as amended) is amended to read:
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0019| "22-15-9. INSTRUCTIONAL MATERIAL ACCOUNTS--CREDIT
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0020| ALLOCATIONS.--
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0021| [A. The department of education shall establish a
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separate instructional material account for each school
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district, state institution, private school or adult basic
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education center in the state having students in attendance
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entitled to the free use of instructional material pursuant to
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the Instructional Material Law.
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B.] A. On or before July 1 of each year, the
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0003| department of education shall allocate [credit] to [the
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instructional material account of] each school district, state
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0005| institution or private school not less than ninety percent of
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0006| its estimated entitlement as determined from the estimated
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0007| forty-day membership for the next school year. A school
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0008| district's, state institution's or private school's entitlement
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0009| is that portion of the total amount of the annual appropriation
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0010| less a deduction for a reasonable reserve for [transportation
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charges and] emergency expenses that its forty-day membership
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0012| bears to the forty-day membership of the entire state. The
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0013| allocation for adult basic education shall be based on a
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0014| full-time-equivalency obtained by multiplying the total previous
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0015| year's enrollment by .25. For the purpose of this allocation,
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0016| additional pupils shall be counted as four pupils.
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0017| On or before January 15 of each year, the department of
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0018| education shall recompute each entitlement using the forty-day
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0019| membership for that year, except for adult basic education, and
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0020| shall allocate the balance of the annual appropriation
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0021| compensating for any over- or under-estimation [of credit]
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0022| made in the first allocation. In the event the funds remaining
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0023| for this allocation are insufficient to compensate for an over-
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0024| or under-estimation [of credit] made in the first allocation,
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0025| the final recomputed over- or under-allocation [of credit]
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0001| shall be carried forward by the department of education to be
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0002| credited or debited to the allocation for the ensuing school
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0003| year.
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0004| [C.] B. An amount not to exceed thirty percent
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0005| of [total credit] the allocations attributed to each
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0006| [individual instructional material account shall, at the
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request of the] local school district, [or the appropriate
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governing body and institution, shall be distributed directly to
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each public school district,] state institution or adult basic
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0010| education center may be used for instructional [materials]
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0011| material not included on the multiple list provided for in
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0012| Section 22-15-8 NMSA 1978.
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0013| C. The department of education shall establish
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0014| procedures for the distribution of funds directly to local
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0015| school districts, state institutions or adult basic education
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0016| centers. The department of education shall distribute funds to
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0017| private schools on a reimbursement basis for instructional
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0018| material included on the multiple list provided for in Section
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0019| 22-15-8 NMSA 1978.
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0020| D. Any [balance remaining in an] instructional
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0021| material [account of] funds not expended by a school
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0022| district, state institution [private school] or adult basic
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0023| education center at the end of the fiscal year shall remain
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0024| available for expenditure for instructional material in
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0025| subsequent years. Any balance remaining in an instructional
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0001| material account of a private school at the end of the fiscal
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0002| year shall remain available for reimbursement by the department
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0003| of education for instructional material in subsequent years."
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0004| Section 7. Section 22-15-10 NMSA 1978 (being Laws 1967,
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0005| Chapter 16, Section 214, as amended) is amended to read:
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0006| "22-15-10. SALE OR LOSS OR RETURN OF INSTRUCTIONAL
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0007| MATERIAL.--
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0008| A. With the approval of the chief, instructional
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0009| material [distributed to] acquired by a school district,
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0010| state institution, private school or adult basic education
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0011| center pursuant to the Instructional Material Law may be sold at
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0012| a price determined by officials of the school district, state
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0013| institution, private school or adult basic education center.
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0014| The selling price shall not exceed the cost of the instructional
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0015| material to the state.
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0016| B. A school district, state institution, private
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0017| school or adult basic education center [as agent] may hold the
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0018| parent, guardian or student responsible for the loss, damage or
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0019| destruction of instructional material while the instructional
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0020| material [was] is in the possession of the student. A
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0021| school district may withhold the grades, diploma and transcripts
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0022| of the student responsible for damage or loss of instructional
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0023| material until the parent, guardian or student has paid for the
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0024| damage or loss. When a parent, guardian or student is unable to
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0025| pay for damage or loss, the school district shall work with the
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0001| parent, guardian or student to develop an alternative program in
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0002| lieu of payment. Where a parent or guardian is determined to be
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0003| indigent according to guidelines established by the state board
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0004| [of education], the local school district shall bear the cost.
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0005| C. All money collected by a school district, state
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0006| institution [private school] or adult basic education center
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0007| [as agent] for the sale, loss, damage or destruction of
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0008| instructional material received pursuant to the Instructional
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0009| Material Law shall be [transmitted to the department of
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education] deposited into that entity's instructional material
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0011| account. The money collected by a private school for the sale,
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0012| loss, damage or destruction of instructional material shall be
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0013| forwarded to the department of education. The department of
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0014| education shall credit the instructional material account of
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0015| the [school district, state institution,] private school [or
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adult basic education center] and deposit the money received
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0017| with the state treasurer for credit to the instructional
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0018| material fund. The department of education shall account for
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0019| and distribute [materials] funds to private schools pursuant
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0020| to procedures established by the department of education.
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0021| D. Upon order of the chief, a school district, state
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0022| institution, private school or adult basic education center
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0023| shall transfer as ordered to the department of education or its
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0024| designee instructional material purchased from the instructional
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0025| material fund [which] that is in usable condition and for
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0001| [that] which there is no use expected by the respective
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0002| schools."
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0003| Section 8. Section 22-15-11 NMSA 1978 (being Laws 1967,
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0004| Chapter 16, Section 215, as amended) is amended to read:
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0005| "22-15-11. RECORD OF INSTRUCTIONAL MATERIAL.--
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0006| [A. The division shall keep accurate records of the
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cost of all instructional material distributed pursuant to the
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Instructional Material Law.
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B.] Each school district, state institution,
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0010| private school or adult basic education center shall keep
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0011| accurate records of all instructional material, [distributed to
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it pursuant to the Instructional Material Law] including cost
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0013| records, on forms and by procedures prescribed by the
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0014| division."
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0015| Section 9. Section 22-15-12 NMSA 1978 (being Laws 1967,
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0016| Chapter 16, Section 216, as amended) is amended to read:
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0017| "22-15-12. ANNUAL REPORT.--Annually, at a time specified
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0018| by the department of education, each local school board of a
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0019| school district and each governing authority of a state
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0020| institution, private school or adult basic education center
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0021| [receiving] acquiring instructional material pursuant to the
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0022| Instructional Material Law shall file a report with the
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0023| department of education."
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0024| Section 10. Section 22-15-13 NMSA 1978 (being Laws 1967,
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0025| Chapter 16, Section 217, as amended by Laws 1993, Chapter 156,
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0001| Section 6 and by Laws 1993, Chapter 226, Section 44) is amended
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0002| to read:
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0003| "22-15-13. CONTRACTS WITH PUBLISHERS.--
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0004| A. The state board may enter into a contract with a
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0005| publisher or [a publisher's] his authorized agent for the
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0006| purchase and delivery of instructional material selected from
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0007| the multiple list adopted by the state board.
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0008| B. Payment for instructional material purchased
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0009| [by] pursuant to a contract between the state board and a
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0010| publisher or his authorized agent shall be made only upon
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0011| performance of the contract and the delivery and receipt of the
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0012| instructional material.
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0013| C. Each publisher or [publisher's] authorized
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0014| agent contracting with the state for the sale of instructional
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0015| material shall agree:
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0016| (1) to file a copy of each item of
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0017| instructional material to be furnished under the contract with
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0018| the state board with a certificate attached identifying it as an
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0019| exact copy of the item of instructional material to be furnished
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0020| under the contract;
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0021| (2) that the instructional material furnished
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0022| pursuant to the contract shall be of the same quality in regard
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0023| to paper, binding, printing, illustrations, subject matter and
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0024| authorship as the copy filed with the state board; and
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0025| (3) that if instructional material under the
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0001| contract is sold elsewhere in the United States for a price less
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0002| than that agreed upon in the contract with the state, the price
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0003| to the state shall be reduced to the same amount."
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0004| - 15 -
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