AN ACT

RELATING TO INDIAN EDUCATION; PROVIDING FOR A KINDERGARTEN THROUGH SIXTH GRADE CURRICULUM FOR AMERICAN INDIAN STUDENTS TO PREPARE THEM FOR ADVANCED PLACEMENT COURSEWORK.

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

     Section 1. Section 22-23A-1 NMSA 1978 (being Laws 2003, Chapter 151, Section 1) is amended to read:

     "22-23A-1. SHORT TITLE.--Chapter 22, Article 23A NMSA 1978 may be cited as the "Indian Education Act"."

     Section 2. Section 22-23A-5 NMSA 1978 (being Laws 2003, Chapter 151, Section 5) is amended to read:

     "22-23A-5. INDIAN EDUCATION DIVISION--CREATED--ASSISTANT SUPERINTENDENT--DUTIES.--

          A. The "Indian education division" is created within the department. The secretary shall appoint an assistant secretary for Indian education, who shall direct the activities of the division.

          B. The Indian education division shall:

                (1) provide assistance to school districts and tribes to meet the educational needs of American Indian students;

                (2) provide assistance to school districts and tribes in the planning, development, implementation and evaluation of curricula in native languages, culture and history designed for American Indian students;

                (3) develop or select for implementation a challenging, sequential, culturally relevant curriculum to provide instruction to American Indian students in kindergarten through sixth grade to prepare them for

pre-advanced placement and advanced placement coursework in grades seven through twelve;

                (4) provide assistance to school districts and tribes to develop curricula and instructional materials in native languages, culture and history in conjunction and by contract with native language practitioners and tribal elders, unless the use of written language is expressly prohibited by the tribe;

                (5) establish an Indian education advisory council;

                (6) by January 2006, enter into agreements with each tribe or authorized tribal educational entity to share programmatic information and to coordinate technical assistance for public schools that serve American Indian students;

                (7) seek funds to establish an Indian education office in the northwest corner of the state to implement agreements with each tribe or authorized tribal educational entity, monitor the progress of American Indian students and coordinate technical assistance at the public schools that serve American Indian students;

                (8) require school districts to obtain a signature of approval by the tribal governments or tribal government designees residing within school district boundaries, verifying that the tribes agree to Indian education policies and procedures pursuant to federal requirements;

                (9) seek funds to establish, develop and implement the following support services for the purposes of increasing the number of American Indian teachers and principals and providing continued professional development for educational assistants, teachers and principals serving American Indian students, in conjunction with the Indian education advisory council:

                     (a) recruitment and retention;

                     (b) academic transition programs;

                     (c) academic financial support;

                     (d) teacher preparation;

                     (e) teacher induction; and

                     (f) professional development;

                (10) develop curricula to provide instruction in tribal history and government and develop plans to implement these subjects into history and government courses in school districts throughout the state;

                (11) ensure that native language bilingual programs are part of a school district's professional development plan, as provided in Section 22-10A-19.1 NMSA 1978; and

                (12) develop a plan to establish a

post-secondary investment system for Indian students to which parents, tribes and the state may contribute."