HOUSE BILL 467

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

E. Diane Torres-Velásquez and Linda M. López

and Pamelya Herndon and Patricia Roybal Caballero

AN ACT

RELATING TO PUBLIC EDUCATION; AMENDING STATUTES PERTAINING TO SAFETY AND SUPPORT SERVICES FOR MULTICULTURAL STUDENTS; BROADENING ELEMENTS OF DISCRIMINATION OR DISPARATE TREATMENT SUBJECT TO DISCIPLINE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-5-4.3 NMSA 1978 (being Laws 1986, Chapter 33, Section 9, as amended by Laws 2021, Chapter 19, Section 1 and by Laws 2021, Chapter 37, Section 1 and also by Laws 2021, Chapter 51, Section 8) is amended to read:

     "22-5-4.3. SCHOOL DISCIPLINE POLICIES--RACIAL SENSITIVITY AND ANTI-RACISM TRAINING--[HOTLINE] ONLINE PORTAL FOR REPORTING RACIALLY [CHARGED] MOTIVATED INCIDENTS AND RACIALIZED AGGRESSION INVOLVING STUDENTS OR SCHOOL PERSONNEL--STUDENTS MAY SELF-ADMINISTER CERTAIN MEDICATIONS.--

          A. Local school boards shall establish student discipline policies and shall file them with the department. The local school board shall involve parents, school personnel and students in the development of these policies, and public hearings shall be held during the formulation of these policies in the high school attendance areas within each school district or on a district-wide basis for those school districts that have no high school. No local school board shall allow for the imposition of discipline, discrimination or disparate treatment against a student based on the student's race, religion or culture, disability, home language, gender, level of family income or because of the student's use of protective hairstyles or cultural or religious headdresses; nor shall a student be demeaned, bullied or punished for any of these characteristics or use of cultural symbols.

          B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include in-school suspension, school service, suspension or expulsion. Corporal punishment shall be prohibited by each local school board and each governing body of a charter school.

          C. An individual school within a school district may establish a school discipline policy; provided that parents, school personnel and students are involved in its development and a public hearing is held in the school prior to its adoption. If an individual school adopts a discipline policy in addition to the local school board's school district discipline policy, it shall submit its policy to the local school board for approval.

          D. All school discipline policies shall define and include a specific prohibition against racialized aggression involving a student or school personnel. Every school district and every charter school shall provide links to the statewide [hotline] online portal to report racially [charged] motivated incidents or racialized aggression. A submission and any information in connection to the submission made through the online portal is not a public record and is exempt from the Inspection of the Public Records Act.

          E. No school employee who in good faith reports any known or suspected violation of the school discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of the employee's efforts to enforce any part of the policy.

          F. All public school and school district discipline policies shall allow students to carry and self-administer asthma medication and emergency anaphylaxis medication that has been legally prescribed to the student by a licensed health care provider under the following conditions:

                (1) the health care provider has instructed the student in the correct and responsible use of the medication;

                (2) the student has demonstrated to the health care provider and the school nurse or other school official the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;

                (3) the health care provider formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours or school-sponsored activities, including transit to or from school or school-sponsored activities; and

                (4) the student's parent has completed and submitted to the school any written documentation required by the school or the school district, including the treatment plan required in Paragraph (3) of this subsection and other documents related to liability.

          G. The parent of a student who is allowed to carry and self-administer asthma medication and emergency anaphylaxis medication may provide the school with backup medication that shall be kept in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.

          H. Authorized school personnel who in good faith provide a person with backup medication as provided in this section shall not be held liable for civil damages as a result of providing the medication.

          I. As used in this section:

                (1) "cultural or religious headdresses" includes hijabs, head wraps or other headdresses used as part of an individual's personal cultural or religious beliefs;

                (2) "protective hairstyles" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, weaves, wigs or head wraps; and

                (3) "race" includes traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural or religious headdresses."

     SECTION 2. Section 22-23-6 NMSA 1978 (being Laws 1973, Chapter 285, Section 6, as amended) is amended to read:

     "22-23-6. BILINGUAL MULTICULTURAL EDUCATION PROGRAMS--ELIGIBILITY FOR STATE FINANCIAL SUPPORT.--

          A. To be eligible for state financial support, each bilingual multicultural education program shall:

                (1) provide for the educational needs of linguistically and culturally different students, including Native American children and other students who may wish to participate, in grades kindergarten through twelve, with priority to be given to programs in grades kindergarten through three, in a district;

                (2) fund programs for culturally and linguistically different students in the state in grades kindergarten through three for which there is an identifiable need to improve the language capabilities of both English and the home language of these students before funding programs at higher grade levels;

                [(3) use two languages as mediums of instruction for any part or all of the curriculum of the grade levels within the program;]

                (3) use the home or heritage language as the medium of instruction for any part or all of the curriculum of the grade levels within the program and use English for an additional part within the program when there is an identifiable need to improve the students' English language proficiency;

                (4) use teachers who have specialized in elementary or secondary education and who have received specialized training in bilingual education [conducted through the use of two languages]. These teachers or other trained personnel shall administer language proficiency assessments in both English and in the home or heritage language until proficiency in each language is achieved;

                (5) emphasize the history and cultures associated with the students' home or heritage language;

                (6) establish a parent advisory committee, representative of the language and culture of the students, to assist and advise in the development, implementation and evaluation of the bilingual multicultural education program; and

                (7) provide procedures to ensure that parental notification is given annually prior to bilingual multicultural education program placement.

          B. Each bilingual multicultural education program shall meet each requirement of Subsection A of this section and be approved by the department to be eligible for state financial support."

     SECTION 3. Section 22-23B-2 NMSA 1978 (being Laws 2010, Chapter 108, Section 2 and Laws 2010, Chapter 114, Section 2) is amended to read:

     "22-23B-2. PURPOSE.--The purpose of the Hispanic Education Act is to:

          A. provide for the study, development and implementation of educational systems that affect the [educational] academic success of Hispanic students to [close the achievement gap and] increase graduation rates and ensure lifelong success;

          B. protect and preserve New Mexico's heritage Spanish language and culture;

          [B.] C. encourage and foster parental involvement in the education of their children; and

          [C.] D. provide mechanisms for parents; community, community-based and business organizations; public schools, school districts; charter schools; public post-secondary educational institutions; the higher education department; the public education department; and state and local policymakers to work together to improve educational opportunities for Hispanic students for the purpose of [closing the achievement gap] increasing graduation rates, [and] increasing post-secondary enrollment, retention and completion and ensuring lifelong success."

     SECTION 4. Section 22-23B-5 NMSA 1978 (being Laws 2010, Chapter 108, Section 5 and Laws 2010, Chapter 114, Section 5) is amended to read:

     "22-23B-5. HISPANIC EDUCATION ADVISORY COUNCIL.--

          A. The "Hispanic education advisory council" is created as an advisory council to the secretary. The council shall advise the secretary on matters related to improving public school education for Hispanic students, increasing parent involvement and community engagement in the education of Hispanic students and increasing the number of Hispanic high school graduates who succeed in post-secondary academic, professional or vocational education.

          B. The secretary shall appoint no more than twenty-three members to the council who are knowledgeable about and interested in the education of Hispanic students, including representatives of public schools; post-secondary education and teacher preparation programs; parents; Hispanic cultural, community and business organizations; other community and business organizations; and other interested persons. The secretary shall give due regard to geographic representation. Members shall serve at the pleasure of the secretary.

          C. The council shall elect a chairperson and such other officers as it deems necessary.

          D. The council shall meet as necessary, but at least twice each year at the biannual Hispanic education summit.

          E. The council shall advise the secretary on matters related to Hispanic education in New Mexico.

          F. Members of the council [shall not] may receive per diem and mileage [or other compensation for their services] as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

     SECTION 5. Section 22-23C-5 NMSA 1978 (being Laws 2021, Chapter 51, Section 5) is amended to read:

     "22-23C-5. BLACK EDUCATION LIAISON CREATED--DUTIES.--

          A. The "Black education liaison" is created in the department.

          B. The liaison shall:

                (1) focus on issues related to Black education and advise the secretary and the council on the development and implementation of public policy regarding the education of Black students;

                (2) advise the department and the council on the development and implementation of the five-year strategic plan for public elementary and secondary education in the state as the plan relates to [Black student] the education of Black students;

                (3) assist and be assisted by other staff in the department and in the higher education department to improve elementary, secondary and post-secondary educational outcomes for Black students;

                (4) maintain and update information on the department's website or a separate website that includes:

                     (a) subject to funding, links to a statewide [hotline] online reporting portal for reporting [racially charged incidents] school-based incidents of racism or racial discrimination against anyone. A submission and any information in connection to the submission made through the online portal is not a public record and is exempt from the Inspection of Public Records Act;

                     (b) links to the department's Black education [white] policy briefs or position papers as well as other pertinent research; and

                     (c) information on and links to historically Black colleges and universities;

                (5) serve as a resource to enable school districts and charter schools to provide equitable and culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Black students enrolled in public schools;

                (6) support and consult with the council;

                (7) support school districts and charter schools to recruit parents on site-based and school district committees that represent the ethnic diversity of the community; and

                (8) implement activities that are recommended and prioritized by the council within available funding."

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