SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 58

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

 

 

 

 

 

 

 

AN ACT

RELATING TO EARLY CHILDHOOD; EXEMPTING FROM THE PROCUREMENT CODE 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. 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 2. 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. "community provider" means a licensed private provider that is a pre-kindergarten award recipient and serves eligible children in the community;

          [B.] C. "department" means the early childhood education and care department;

          [C.] D. "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.] E. "eligible child" means:

                (1) for early pre-kindergarten, a person [age three or four] who is:

                     (a) three years old on September 1 of the early pre-kindergarten [or] program year;

                     (b) enrolled in a head start preschool; or

                     (c) eligible for special education and related services under Part B, Section 619 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.] F. "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, a community provider or a tribal program or head start program;

          [F.] G. "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.] H. "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.] I. "public provider" means a school district or charter school; and

          [I.] J. "tribe" means an Indian nation, tribe or pueblo located in New Mexico."

     SECTION 3. 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. Those departments shall enter into an agreement to share data necessary to report on the early pre-kindergarten and pre-kindergarten programs' performance, including the percentage of program participants who:

                (1) enter kindergarten:

                     (a) developmentally prepared for it;

                     (b) needing special services; and

                     (c) proficient in reading and mathematics; and

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

          C. The department shall coordinate with federal head start [agencies] recipients 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. The department shall promulgate these rules in consultation with an advisory council in the department that shall be composed of a diverse geographic representation of eligible providers, including six parents and two representatives of each of the following: for-profit and nonprofit community providers, head start programs, tribal programs and public providers.

          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 4. 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 the pre-kindergarten standards established by the department;

                (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, or evidence that lead teachers or educational assistants are actively engaged in education toward these requirements or that the lead teachers or educational assistants have received an exemption, which may be provided by the department in limited circumstances as provided by rule;

                [(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 all pre-kindergarten and early 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 5. 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 6. 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 7. 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] immunized in accordance with rules of the department, unless the child is properly exempted pursuant to Subsections C and D of this section;

                (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.

          C. Any minor child through the child's parent or legal guardian may file with the health authority charged with the duty of enforcing the Immunization Act:

                (1) a certificate of a licensed physician, a physician assistant or a certified nurse practitioner stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child;

                (2) an affidavit or written affirmation from an officer of a recognized religious denomination that the child's parent or legal guardian is a bona fide member of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or

                (3) an affidavit or written affirmation from the child's parent or legal guardian that the parent's or legal guardian's religious beliefs, held either individually or jointly with others, do not permit the administration of a vaccine or other immunizing agent.

          D. Upon filing and approval of a certificate, affidavit or affirmation pursuant to Subsection C of this section and in accordance with rules promulgated by the health authority charged with the duty of enforcing the Immunization Act, the child is exempt from the legal requirement of immunization for a period not to exceed one year on the basis of any one certificate, affidavit or affirmation."

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

- 21 -