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AN ACT
RELATING TO EDUCATION; CLARIFYING THE DUTIES OF THE PUBLIC
EDUCATION DEPARTMENT TO CONSULT WITH INDIAN TRIBES; CHANGING
THE COMPOSITION OF THE INDIAN EDUCATION ADVISORY COUNCIL;
AMENDING THE INDIAN EDUCATION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Indian Education Act is
enacted to read:
"POST-SECONDARY EDUCATION.-
-The
department shall
collaborate and coordinate efforts with the higher education
department and institutions of higher education, including
tribal colleges and teacher education institutions and tribal
education departments, to facilitate the successful and
seamless transition of American Indian students into
post-secondary education and training."
Section 2. Section 22-23A-3 NMSA 1978 (being Laws 2003,
Chapter 151, Section 3) is amended to read:
"22-23A-3. DEFINITIONS.--As used in the Indian
Education Act:
A. "assistant secretary" means the assistant
secretary for Indian education;
B. "government-to-government" means the
relationship between a New Mexico tribe and a state
government;
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C. "indigenous" means native or tribal groups of
the Americas that maintain a cultural identity separate from
the surrounding dominant cultures;
D. "tribal" means pertaining to urban Indians who
are residents of New Mexico or to an Indian nation, tribe or
pueblo located within New Mexico;
E. "New Mexico tribe" means an Indian nation,
tribe or pueblo located within New Mexico; and
F. "urban Indian" means a member of a federally
recognized tribe or an Alaska native who lives in an
off-reservation urban area and is a New Mexico resident."
Section 3. Section 22-23A-4 NMSA 1978 (being Laws 2003,
Chapter 151, Section 4) is amended to read:
"22-23A-4. RULEMAKING.--
A. The secretary shall ensure that the duties
prescribed in the Indian Education Act are carried out and
that each division within the department is collaborating to
fulfill its responsibilities to tribal students.
B. The secretary shall consult on proposed rules
implementing the Indian Education Act with the Indian
education advisory council and shall present rules for review
and comment at the next semiannual government-to-government
meeting pursuant to Section 22-23A-5 NMSA 1978."
Section 4. Section 22-23A-5 NMSA 1978 (being Laws 2003,
Chapter 151, Section 5, as amended) is amended to read:
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"22-23A-5. INDIAN EDUCATION DIVISION--CREATED--
ASSISTANT SECRETARY--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 and advise the secretary on
development of policy regarding the education of tribal
students. The assistant secretary shall also coordinate
transition efforts for tribal students in public schools with
the higher education department and work to expand
appropriate Indian education for tribal students in preschool
through grade twenty.
B. The assistant secretary shall coordinate with
appropriate administrators and divisions to ensure that
department administrators make implementation of the Indian
Education Act a priority.
C. The secretary and the assistant secretary, in
cooperation with the Indian education advisory council, shall
collaborate with state and federal departments and agencies
and tribal governments to identify ways such entities can
assist the department in the implementation of the Indian
Education Act.
D. The secretary and assistant secretary shall
convene semiannual government-to-government meetings for the
express purpose of receiving input on education of tribal
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students.
E. In accordance with the rules of the department
and after consulting with the Indian education advisory
council and determining the resources available within the
department, the assistant secretary shall:
(1) provide assistance, including advice on
allocation of resources, to school districts and tribes to
improve services to meet the educational needs of tribal
students based on current published indigenous best practices
in education;
(2) provide assistance to school districts
and New Mexico tribes in the planning, development,
implementation and evaluation of curricula in native
languages, culture and history designed for tribal and
nontribal students as approved by New Mexico tribes;
(3) develop or select for implementation a
challenging, sequential, culturally relevant curriculum to
provide instruction to tribal students in pre-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,
public post-secondary schools and New Mexico tribes to
develop curricula and instructional materials in native
languages, culture and history in conjunction and by contract
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with native language practitioners and tribal elders, unless
the use of written language is expressly prohibited by the
tribe;
(5) conduct indigenous research and
evaluation for effective curricula for tribal students;
(6) collaborate with the department to
provide distance learning for tribal students in public
schools to the maximum limits of the department's abilities;
(7) establish, support and maintain an
Indian education advisory council;
(8) enter into agreements with each New
Mexico tribe or its authorized educational entity to share
programmatic information and to coordinate technical
assistance for public schools that serve tribal students;
(9) seek funds to establish and maintain an
Indian education office in the northwest corner of the state
or other geographical location to implement agreements with
each New Mexico tribe or its authorized educational entity,
monitor the progress of tribal students and coordinate
technical assistance at the public pre-kindergarten to
post-secondary schools that serve tribal students;
(10) require school districts to obtain a
signature of approval by the New Mexico tribal governments or
their government designees residing within school district
boundaries, verifying that the New Mexico tribes agree to
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Indian education policies and procedures pursuant to federal
requirements;
(11) seek funds to establish, develop and
implement culturally relevant support services for the
purposes of increasing the number of tribal teachers,
administrators and principals and providing continued
professional development for educational assistants, teachers
and principals serving tribal students, in conjunction with
the Indian education advisory council:
(a) recruitment and retention of highly
qualified teachers and administrators;
(b) academic transition programs;
(c) academic financial support;
(d) teacher preparation;
(e) teacher induction; and
(f) professional development;
(12) 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;
(13) 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
(14) develop a plan to establish a
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post-secondary investment system for tribal students to which
parents, tribes and the state may contribute."
Section 5. Section 22-23A-6 NMSA 1978 (being Laws 2003,
Chapter 151, Section 6) is amended to read:
"22-23A-6. ADVISORY COUNCIL.--
A. The "Indian education advisory council" is
created and shall advise the secretary and assistant
secretary on implementation of the provisions of the Indian
Education Act. The council consists of sixteen members as
follows:
(1) four representatives from the Navajo
Nation;
(2) two representatives, one from the
Mescalero Apache Tribe and one from the Jicarilla Apache
Nation;
(3) four representatives, two from the
southern pueblos and two from the northern pueblos;
(4) three urban Indians representing urban
areas, including Albuquerque, Gallup and Farmington; and
(5) three at-large representatives, one from
the federal bureau of Indian affairs, one from a head start
organization and one from the general public, at least one of
whom shall be nontribal, but all of whom shall have knowledge
of and involvement in the education of tribal students.
B. Members shall be appointed by the secretary
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with input from New Mexico tribes and organizations involved
in the education of tribal students for staggered terms so
that the terms of the at-large members and of one-half of
each of the tribal representatives end on December 31, 2009
and the terms of the remaining members end on December 31,
2011. Thereafter, appointments shall be for terms of four
years. The terms of existing members shall expire on the
effective date of this 2007 act.
C. A majority of the members of the Indian
education advisory council constitutes a quorum. The
advisory council shall elect a chair from its membership.
D. On a semiannual basis, representatives from all
New Mexico tribes, members of the commission, the office of
the governor, the Indian affairs department, the legislature,
the secretary, the assistant secretary and the Indian
education advisory council shall meet to assist in
evaluating, consolidating and coordinating all activities
relating to the education of tribal students.
E. Members of the Indian education advisory
council may receive per diem and mileage as provided for
nonsalaried public officers in the Per Diem and Mileage Act."
Section 6. Section 22-23A-7 NMSA 1978 (being Laws 2003,
Chapter 151, Section 7) is amended to read:
"22-23A-7. REPORT.--
A. The Indian education division in collaboration
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with the education division of the federal bureau of Indian
affairs and other entities that serve tribal students shall
submit an annual statewide tribal education status report no
later than November 15 to all New Mexico tribes. The
division shall submit the report whether or not entities
outside state government collaborate as requested.
B. A school district with tribal lands located
within its boundaries shall provide a districtwide tribal
education status report to all New Mexico tribes represented
within the school district boundaries.
C. The status reports shall be written in a brief
format and shall include the following information, through
which public school performance is measured and reported to
the tribes and disseminated at the semiannual
government-to-government meetings held pursuant to Section
22-23A-5 NMSA 1978:
(1) student achievement as measured by a
statewide test approved by the department, with results
disaggregated by ethnicity;
(2) school safety;
(3) the graduation rate;
(4) attendance;
(5) parent and community involvement;
(6) educational programs targeting tribal
students;
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(7) financial reports;
(8) current status of federal Indian
education policies and procedures;
(9) school district initiatives to decrease
the number of student dropouts and increase attendance;
(10) public school use of variable school
calendars;
(11) school district consultations with
district Indian education committees, school-site parent
advisory councils and tribal, municipal and Indian
organizations; and
(12) indigenous research and evaluation
measures and results for effective curricula for tribal
students."
Section 7. Section 22-23A-8 NMSA 1978 (being Laws 2003,
Chapter 151, Section 8) is amended to read:
"22-23A-8. FUND CREATED.--
A. The "Indian education fund" is created in the
state treasury. The fund consists of appropriations, gifts,
grants and donations and income from investment of the fund.
Money in the fund shall not revert. The fund shall be
administered by the department, and money in the fund is
appropriated to the department to distribute awards to
support the Indian Education Act.
B. The department shall ensure that funds
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appropriated from the Indian education fund shall be used for
the purposes stated in the Indian Education Act and shall not
be used to correct for previous reductions of program
services.
C. The department shall develop procedures and
rules for the award of money from the fund. Disbursement of
the fund shall be made by warrant of the department of finance
and administration pursuant to vouchers signed by the
secretary of public education."