SB0632

SENATE BILL 632

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO PUBLIC EDUCATION; CREATING DIVISIONS IN THE PUBLIC EDUCATION DEPARTMENT TO FOCUS ON BILINGUAL MULTICULTURAL AND HISPANIC EDUCATION; CREATING ADVISORY BOARDS; PROVIDING POWERS AND DUTIES; PROVIDING FOR A SEAL OF MULTICULTURALISM ON DIPLOMA OF EXCELLENCE; CREATING A FUND; REQUIRING ACCOUNTABILITY.

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

SECTION 1. Section 9-24-4 NMSA 1978 (being Laws 2004, Chapter 27, Section 4, as amended) is amended to read:

"9-24-4. DEPARTMENT CREATED.--

A. The "public education department" is created in the executive branch. The department is a cabinet department and includes the following divisions:

(1) the administrative services division;

(2) the assessment and accountability division;

(3) the charter schools division;

(4) the educator quality division;

(5) the bilingual multicultural education division;

[(5)] (6) the Indian education division;

(7) the Hispanic education division;

[(6)] (8) the information technology division;

[(7)] (9) the instructional support and vocational education division;

[(8)] (10) the program support and student transportation division;

[(9)] (11) the quality assurance and systems integration division;

[(10)] (12) the rural education division; and

[(11)] (13) the vocational rehabilitation division.

B. The secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy."

SECTION 2. Section 22-1-9.2 NMSA 1978 is enacted to read:

"22-1-9.2. [NEW MATERIAL] NEW MEXICO DIPLOMA OF EXCELLENCE--STATE SEAL FOR MULTICULTURAL GRADUATES.--

A. The state seal of multiculturalism on a New Mexico diploma of excellence certifies that the recipient is proficient for meaningful use in college, a career or to meet a local community need in multiculturalism. The graduate's high school transcript shall also indicate that the graduate received the state seal on the graduate's New Mexico diploma of excellence.

B. The department shall adopt rules to establish the criteria for students to earn a seal of multiculturalism, to include:

(1) the number of units of credit in multicultural education, including content courses taught in a language other than English;

(2) passage of state assessments in multicultural education;

(3) in the case of tribal cultures, cultural proficiency in consultation with individual tribes and adherence to processes and criteria defined by that tribe as appropriate for determining proficiency in its culture; and

(4) demonstrated proficiency in one or more cultures through one of the following methods:

(a) a score of three or higher on an advanced placement examination for multiculturalism;

(b) a score of four or higher on an international baccalaureate examination for multiculturalism; or

(c) the providing of presentations, interviews, essays, portfolios and other alternative processes that demonstrate proficiency in two or more cultures.

C. In establishing the criteria for awarding the state seal of multiculturalism, the department shall establish and consult with a task force of stakeholders that represent multicultural experts, including:

(1) Indian nations, tribes and pueblos;

(2) endorsed teachers of bilingual multicultural education;

(3) statewide organizations representing prominent cultures in New Mexico, and multicultural educators;

(4) university professors of multicultural education; and

(5) representatives of the state bilingual multicultural advisory council, the Indian education advisory council and the Hispanic education advisory council."

SECTION 3. Section 22-23-2 NMSA 1978 (being Laws 1973, Chapter 285, Section 2, as amended) is amended to read:

"22-23-2. DEFINITIONS.--As used in the Bilingual Multicultural Education Act:

A. "assistant secretary" means the assistant secretary of bilingual multicultural education;

[A.] B. "bilingual multicultural education program" means a program using two languages, including English and the home or heritage language, as a medium of instruction in the teaching and learning process;

C. "council" means the state bilingual multicultural advisory council;

[B.] D. "culturally and linguistically [different] diverse" means students who are of a different cultural background than mainstream United States culture and whose home or heritage language, inherited from the student's family, tribe or country of origin, is a language other than English;

[C. "district" means a public school or any combination of public schools in a district;]

E. "division" means the bilingual multicultural education division of the department;

[D.] F. "English language learner" means a student whose first or heritage language is not English and who is unable to read, write, speak or understand English at a level comparable to grade level English proficient peers and native English speakers;

[E.] G. "heritage language" means a language other than English that is inherited from a family, tribe, community or country of origin;

[F.] H. "home language" means a language other than English that is the primary or heritage language spoken at home or in the community; [and

G.] I. "standardized curriculum" means a school district curriculum that is aligned with the state academic content standards, benchmarks and performance standards;

J. "tribal language" means the indigenous language spoken by an Indian tribe that is allowed by the tribe to be taught outside the tribe, but which language might not be written; and

K. "tribe" means a New Mexico Indian nation, tribe or pueblo."

SECTION 4. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] BILINGUAL MULTICULTURAL EDUCATION DIVISION--CREATED--ASSISTANT SECRETARY--DUTIES.--

A. The "bilingual multicultural education division" is created in the department to:

(1) achieve the purposes of the Bilingual Multicultural Education Act;

(2) ensure that bilingual multicultural education programs are in compliance with the Bilingual Multicultural Education Act;

(3) provide technical assistance and support to all school districts and charter schools in achieving the goals of the Bilingual Multicultural Education Act;

(4) coordinate and collaborate with the assistant secretary for Indian education and the assistant secretary of Hispanic education and those responsible for special education to ensure that public schools have sufficient resources, including the expertise, to provide students with a bilingual multicultural education;

(5) review and approve applications for bilingual multicultural education programs and related funding;

(6) monitor and assess the effectiveness of bilingual multicultural education programs;

(7) accept gifts, grants and donations to be used for bilingual multicultural education;

(8) enforce rules for the administration of the Bilingual Multicultural Education Act;

(9) conduct research and compile statistics relating to the education of bilingual and multicultural students;

(10) coordinate with the Indian education division, including the assistant secretary for Indian education and the Indian education advisory council, for the provision and assessment of bilingual multicultural education programs and services for Indian students enrolled in public schools; and

(11) collaborate with the Indian education and Hispanic education divisions and their advisory councils for the provision of high-quality bilingual multicultural education programs and services.

B. The secretary, with input from the council, shall appoint an assistant secretary of bilingual multicultural education, who shall direct the activities of the division and advise the secretary on development of policy regarding bilingual multicultural education.

C. The assistant secretary shall coordinate with appropriate administrators from all units in the department to ensure that department administrators from all units of the department make implementation of the Bilingual Multicultural Education Act central to and embedded in their educational priorities.

D. In accordance with department rules and after consulting with the council, the assistant secretary shall:

(1) provide assistance, including advice on allocation of resources to school districts and charter schools, to improve services to meet the bilingual multicultural educational needs of all students;

(2) provide assistance and school expertise to school districts, charter schools, tribes and other cultural and language groups in the planning, development, implementation and evaluation of a bilingual multicultural education curricula;

(3) develop or select for implementation an appropriate and challenging, sequential, culturally and linguistically relevant standardized curriculum and curriculum models to provide instruction to students in kindergarten through twelfth grade;

(4) provide technical assistance and support to school districts, public schools, local school boards and governing bodies of charter schools to develop culturally relevant standardized curricula and instructional materials; and

(5) ensure that bilingual multicultural programs are part of a school district's or charter school's professional development plan."

SECTION 5. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] STATE BILINGUAL MULTICULTURAL ADVISORY COUNCIL--MEMBERSHIP--DUTIES.--

A. The "state bilingual multicultural advisory council" is created to advise the secretary, department staff, the governor and the legislature through its interim and standing committees on the effective implementation of the Bilingual Multicultural Education Act and the support of all public school students to have equitable access to instruction and learning as required by state and federal education and civil rights laws.

B. The council consists of no more than fifteen members who have technical knowledge of and expertise in bilingual multicultural education as follows:

(1) two enrolled members of tribes;

(2) six members who are kindergarten through twelfth grade teachers, school principals, superintendents, other education administrators or higher education faculty who are from different ethnic or religious groups and of different geographical areas of the state, with at least one representing special education;

(3) six parents representing bilingual multicultural students, including one parent of an Indian student, one parent of a Hispanic student, one parent of an African American student, one parent of an Asian student, one parent of a Muslim student and at least one parent of a special education student, which students are enrolled in bilingual multicultural education programs in public schools; and

(4) at least one bilingual multicultural education student.

C. Members of the council shall begin to serve their appointment on July 1, 2019 for a maximum of two terms with each term being no longer than three years. The secretary may stagger terms on the council.

D. The council shall:

(1) study issues of bilingual multicultural education for all students and provide advice to the department in the areas of curriculum, instruction, assessment, teacher preparation, teacher evaluation, professional development, licensure and student and family services to:

(a) strengthen the quality of bilingual multicultural education programs;

(b) promote rigorous culturally and linguistically responsive instruction in bilingual multicultural education programs; and

(2) advise the division on issues such as:

(a) identifying current professional development best practices to support teachers to work effectively with all students;

(b) developing and training effective bilingual multicultural teachers;

(c) creating professional development opportunities to build the capacity of public school administrators to effectively lead bilingual multicultural education programs and become knowledgeable regarding current research, theory and pedagogy, including culturally and linguistically responsive teaching practices;

(d) developing and preparing teachers, educational assistants and other licensed school employees to support bilingual multicultural education;

(e) contributing ideas for solutions to streamline and strengthen program management, implementation, assessment and monitoring of bilingual multicultural education programs at the state, school district and public school levels; and

(f) becoming a resource on bilingual multicultural education for school districts and public schools.

E. Public members of the council are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act."

SECTION 6. Section 22-23-4 NMSA 1978 (being Laws 1973, Chapter 285, Section 4, as amended) is amended to read:

"22-23-4. DIVISION AND DEPARTMENT--POWERS--DUTIES.--

A. The division shall write rules for the department [shall issue rules] to promulgate for the development and implementation of bilingual multicultural education programs.

B. The [department] division shall:

(1) administer and enforce the provisions of the Bilingual Multicultural Education Act; and

[C. The department shall] (2) assist local school boards and governing bodies in developing and evaluating bilingual multicultural education programs.

[D.] C. In the development, implementation and administration of the bilingual multicultural education programs, [the department] local superintendents and head administrators shall give preference to New Mexico residents who have received specialized training in bilingual and multicultural education when hiring personnel."

SECTION 7. A new section of the Bilingual Multicultural Education Act is enacted to read:

"[NEW MATERIAL] BILINGUAL MULTICULTURAL EDUCATION FRAMEWORK--ASSESSMENT--PLANNING--ACCOUNTABILITY.--

A. Each public school, in collaboration with the department, the bilingual multicultural education, Indian education and Hispanic education divisions of the department and councils and outside experts as needed, shall develop a bilingual multicultural education plan for the full implementation of bilingual multicultural education in all public schools in the state.

B. Bilingual multicultural education shall:

(1) use an external assessment or focus monitoring to provide an assessment and status report of bilingual multicultural education for all students of the public school and an equity plan with specific goals for the public school. The report shall identify the needs of the public school for technical assistance and support to implement bilingual multicultural education at the public school. Levels of bilingual multicultural education programming may range from recognition and cultural awareness to other levels of integration of bilingual multicultural content, including ethnic studies or reparations curriculum, with the level determined through an equity assessment and plan at each public school, with funding provided through the at-risk index and other state public education funds;

(2) require that educational programs and services provided to students by school districts and charter schools be aligned with the purpose, goals and provisions of the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act;

(3) require that the development of curriculum, instructional materials and other learning tools and resources provided by school districts and charter schools be relevant and responsive to the cultures and languages of their students;

(4) require the assistant secretary and the assistant secretary for Indian education and the assistant secretary of Hispanic education and their divisions to work collaboratively with school districts, charter schools, tribes and community partners; and

(5) require the assistant secretary, the assistant secretary for Indian education and the assistant secretary of Hispanic education and their divisions to work in coordination with the secretary and all other units of the department to make the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act priorities of the department.

C. The division shall:

(1) work with the higher education department and the colleges of education at state institutions of higher education to develop a comprehensive bilingual multicultural teacher preparation program;

(2) develop professional development standards, including training in culturally and linguistically responsive instruction, ethnic studies and related support services for bilingual multicultural education, Indian education and Hispanic education teachers, instructional support providers and other public school personnel that need such professional development to make them more proficient at their jobs;

(3) set up semiannual meetings among the advisory councils of the three divisions;

(4) conduct family and community forums and collect other forms of school data as indicators to measure the effect of the bilingual multicultural education on the lives and academic progress of students statewide;

(5) conduct an annual report on the status of bilingual multicultural education for all students that highlights successful programs and reports on indicators of success;

(6) identify successful strategies that are working at schools to close the academic achievement gap for culturally and linguistically diverse students;

(7) monitor all money allocated to the department, divisions, school districts and charter schools that is earmarked to implement the provisions of the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act;

(8) monitor and ensure that school districts and charter schools have sufficient funding and resources to fully implement the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act;

(9) ensure that the expenditures of state funds are aligned with the provisions of the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act; and

(10) issue an annual report with the Indian education and Hispanic education divisions that sets forth if and how the provisions of each paragraph in this subsection were accomplished during the past year, including meetings, assessments, monitoring, professional development and collaboration among units of the department and between the department and school districts and charter schools and describe plans for the coming year to ensure the educational success of culturally and linguistically diverse students."

SECTION 8. Section 22-23B-1 NMSA 1978 (being Laws 2010, Chapter 108, Section 1 and Laws 2010, Chapter 114, Section 1) is amended to read:

"22-23B-1. SHORT TITLE.--[This act] Chapter 22, Article 23B NMSA 1978 may be cited as the "Hispanic Education Act"."

SECTION 9. Section 22-23B-3 NMSA 1978 (being Laws 2010, Chapter 108, Section 3 and Laws 2010, Chapter 114, Section 3) is amended to read:

"22-23B-3. [DEFINITION] DEFINITIONS.--As used in the Hispanic Education Act:

A. "assistant secretary" means the assistant secretary of Hispanic education;

B. "council" means the Hispanic education advisory council;

C. "division" means the Hispanic education division of the department; and

D. "Hispanic liaison" means the Hispanic education liaison."

SECTION 10. Section 22-23B-4 NMSA 1978 (being Laws 2010, Chapter 108, Section 4 and Laws 2010, Chapter 114, Section 4) is amended to read:

"22-23B-4. HISPANIC EDUCATION [LIAISON] DIVISION--CREATED--DUTIES.--

A. The "Hispanic education [liaison] division" is created in the department to:

(1) achieve the purposes of the Hispanic Education Act;

(2) provide technical assistance to public schools in achieving the goals of the Hispanic Education Act;

(3) coordinate and collaborate with the bilingual multicultural education and Indian education divisions of the department to ensure that public schools have sufficient resources, including expertise, to provide Hispanic students a culturally and linguistically relevant education;

(4) review and approve applications for Hispanic-education-related programs and services;

(5) accept gifts, grants and donations to be used for the implementation of the Hispanic Education Act, including money to develop and implement culturally and linguistically relevant education programs, professional development and instructional materials and money to hire Hispanic liaisons;

(6) enforce rules for the administration of the Hispanic Education Act;

(7) conduct research and compile statistics relating to the education of Hispanic students; and

(8) consult and collaborate with the council for guidance on the provision of quality culturally and linguistically relevant and responsive education for Hispanic students and English language learning programs and services for Spanish-speaking students.

B. The secretary, with input and recommendations from the council, shall appoint an assistant secretary for Hispanic education, who shall direct the activities of the division and advise the secretary and the secretary of higher education on development of policies regarding Hispanic education.

[B.] C. The [liaison] division shall:

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

(2) advise the department and the commission 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 Hispanic student education;

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

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

(5) support and consult with the [Hispanic education advisory] council; [and]

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

(7) provide assistance, including advice on allocation of resources, to public schools to improve services to meet the educational needs of Hispanic students;

(8) develop or select for implementation challenging, sequential, culturally and linguistically relevant curricula standards, models and instructional materials to provide instruction to Hispanic students in public schools;

(9) within budget limitations:

(a) hire Hispanic liaisons; and

(b) develop and implement culturally and linguistically relevant support services, including continuing professional development, to increase the number of Hispanic teachers, instructional support providers, school principals and other administrators in public schools; and

(10) develop a plan to educate Hispanic parents about the Education Trust Act, which allows parents and others to open investment accounts to save for a child's higher education."

SECTION 11. A new section of the Hispanic Education Act is enacted to read:

"[NEW MATERIAL] HISPANIC EDUCATION FUND--CREATED-- PURPOSES.--

A. The "Hispanic education fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The fund shall be administered by the division. Money in the fund is subject to appropriation by the legislature for the distribution of awards to implement the provisions of the Hispanic Education Act. Disbursements from the fund shall be made by warrant of the secretary of finance and administration on vouchers signed by the secretary of public education or the secretary's designated representative.

B. The division shall ensure that money disbursed from the Hispanic education fund shall be used for the purposes stated in the Hispanic Education Act.

C. The division, in consultation with the department, shall develop procedures and rules for the award of money from the fund."

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