HOUSE BILL 24

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Nate Gentry

AN ACT

RELATING TO PUBLIC SCHOOLS; PROHIBITING THE USE OF ATHLETIC PERFORMANCE AND SKILLS AS A BASIS FOR GRADING IN PHYSICAL EDUCATION COURSES.

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

     SECTION 1. Section 22-13-1 NMSA 1978 (being Laws 2003, Chapter 153, Section 57, as amended by Laws 2016, Chapter 17, Section 1 and by Laws 2016, Chapter 18, Section 1) is amended to read:

     "22-13-1. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS REQUIRED--ACCREDITATION.--

          A. The department shall require public schools to address department-approved academic content and performance standards when instructing in specific department-required subject areas as provided in this section. A public school or school district failing to meet these minimum requirements shall not be accredited by the department.

          B. All kindergarten through third grade classes shall provide daily instruction in reading and language arts skills, including phonemic awareness, phonics and comprehension, and in mathematics. Students in kindergarten and first grades shall be screened and monitored for progress in reading and language arts skills, and students in second grade shall take diagnostic tests on reading and language arts skills.

          C. All first, second and third grade classes shall provide instruction in art, music and a language other than English, and instruction that meets content and performance standards shall be provided in science, social studies, physical education and health education.

          D. In fourth through eighth grades, instruction that meets academic content and performance standards shall be provided in the following subject areas:

                (1) reading and language arts skills, with an emphasis on writing and editing for at least one year and an emphasis on grammar and writing for at least one year;

                (2) mathematics;

                (3) language other than English;

                (4) communication skills;

                (5) science;

                (6) art;

                (7) music;

                (8) social studies;

                (9) New Mexico history;

                (10) United States history;

                (11) geography;

                (12) physical education; and

                (13) health education.

          E. Beginning with the 2008-2009 school year, in eighth grade, algebra 1 shall be offered in regular classroom settings or through online courses or agreements with high schools.

          F. In fourth through eighth grades, school districts shall offer electives that contribute to academic growth and skill development and provide career and technical education. In sixth through eighth grades, media literacy may be offered as an elective.

          G. In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education.

          H. All health education courses shall include:

                (1) age-appropriate sexual abuse and assault awareness and prevention training that meets department standards developed in consultation with the federal centers for disease control and prevention that are based on evidence-based methods that have proven to be effective; and

                (2) lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the:

                     (a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district that the school district determines to be eligible to offer instruction pursuant to this paragraph; and

                     (b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish.

          I. Beginning with the 2018-2019 school year, the department shall by rule prohibit consideration of athletic performance or skills when a teacher assigns a grade for a physical education course."

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