0001|                           SENATE BILL 343
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                            SUE F. WILSON
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO EDUCATION; REQUIRING ALL PUBLIC MIDDLE SCHOOLS AND
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0012|     JUNIOR HIGH SCHOOLS IN THE STATE TO HAVE PHYSICAL EDUCATION
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0013|     AND SPORTS PROGRAMS; REQUIRING INTRAMURAL AND INTERSCHOLASTIC
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0014|     SPORTS; CREATING A FUND; PROVIDING FOR FUNDING FROM GAMING
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0015|     REVENUE; MAKING AN APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  A new section of the Public School Code is
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0019|     enacted to read:
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0020|          "[<u>NEW MATERIAL</u>] SHORT TITLE.--Sections 1 through 5 of
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0021|     this act may be cited as the "Healthy Kids Act"."
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0022|          Section 2.  A new section of the Public School Code is
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0023|     enacted to read:
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0024|          "[<u>NEW MATERIAL</u>] FINDINGS AND PURPOSE.-- 
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0025|               A.  The legislature finds that being involved in a
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0001|     sport is a meaningful activity that helps engage and refocus
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0002|     children's attention; provides worthwhile leisure; and offers
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0003|     a healthy alternative to gangs, drugs and idleness for at-risk
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0004|     students.  The legislature finds further that being involved
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0005|     in a sport increases self-esteem and teaches a child how to
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0006|     work as a team player and other important life lessons.
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0007|               B.  The purpose of the Healthy Kids Act is to
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0008|     require physical education and sports programs, including
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0009|     intramural and interscholastic sports, in all public middle
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0010|     schools and junior high schools in New Mexico as a means to
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0011|     improve school performance and enhance every student's life."
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0012|          Section 3.  A new section of the Public School Code is
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0013|     enacted to read:
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0014|          "[<u>NEW MATERIAL</u>] SCHOOL SPORTS--REQUIRED--SCHEDULE.--
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0015|               A.  By the beginning of the 2003-2004 school year,
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0016|     all public middle schools and junior high schools in the state
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0017|     shall have fully developed physical education classes and
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0018|     intramural and interscholastic sports programs, and all
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0019|     students shall be required to take one hour of physical
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0020|     education per day and participate in at least one sports
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0021|     program.  Each school shall employ at least one physical
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0022|     education teacher for boys and at least one physical education
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0023|     teacher for girls.
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0024|               B.  The following sports shall be included in each
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0025|     school's intramural and interscholastic sports program:
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0001|                    (1)  football;
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0002|                    (2)  basketball;
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0003|                    (3)  track and field;
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0004|                    (4)  gymnastics;
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0005|                    (5)  baseball;
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0006|                    (6)  swimming;
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0007|                    (7)  golf; and
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0008|                    (8)  tennis.
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0009|               C.  A school may offer additional sports, but shall
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0010|     work with other schools to ensure that the additional sports
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0011|     will qualify as interscholastic sports.
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0012|               D.  Sports programs may be phased in based on a
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0013|     school's facilities and the time it will take to construct or
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0014|     acquire the necessary sports infrastructure.  However, each
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0015|     school and school district shall endeavor to schedule the
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0016|     phase-in in such a way that a sport will be playable as an
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0017|     interscholastic sport by the second year of offering."
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0018|          Section 4.  A new section of the Public School Code is
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0019|     enacted to read:
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0020|          "[<u>NEW MATERIAL</u>] SPORTS FACILITIES--YEAR-ROUND
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0021|     OPERATION--AGREEMENTS FOR USE OF OTHER FACILITIES.--
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0022|               A.  School outdoor sports facilities shall be
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0023|     operated year round, including weekends and summer nights
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0024|     until 10:00 p.m.  The school shall provide, either through
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0025|     paid staff or contract, for adult supervision during operating
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0001|     hours.
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0002|               B.  Schools may enter into agreements with other

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0003|     public or private schools, public agencies or private entities
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0004|     to share sports facilities.  The risk management division of
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0005|     the general services department shall develop and provide to
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0006|     each school the insurance requirements and an explanation of
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0007|     the possible tort liability exposure."
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0008|          Section 5.  A new section of the Public School Code is
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0009|     enacted to read:
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0010|          "[<u>NEW MATERIAL</u>] SPORTS FUND--CREATED--ADMINISTRATION--
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0011|     FIVE-YEAR IMPROVEMENT PLAN.-- 
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0012|               A.  The "sports fund" is created in the state
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0013|     treasury.  The fund shall consist of fifty percent of the
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0014|     revenue generated through revenue-sharing agreements with
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0015|     Indian nations, tribes and pueblos pursuant to Section 11-13-2
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0016|     NMSA 1978; specific appropriations by the legislature; gifts,
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0017|     grants, donations and bequests to the fund; and interest
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0018|     earned on investment of the fund.  Each quarter, the state
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0019|     treasurer shall transfer from the general fund the amount owed
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0020|     to the sports fund.  Money in the sports fund shall be
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0021|     administered by the department of education.  Money in the
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0022|     sports fund is appropriated to the department to pay capital
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0023|     and programmatic costs of the provisions of the Healthy Kids
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0024|     Act, including salaries of teachers and coaches.  Regular
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0025|     physical education classes shall be funded through the state
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0001|     equalization guarantee distribution, but capital improvements
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0002|     for physical education classes may be paid from the sports
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0003|     fund.
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0004|               B.  Each year, each school district shall provide
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0005|     to the department by August 1 a five-year sports development
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0006|     plan for each public middle school and junior high school in
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0007|     the district.  The sports development plan shall include a
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0008|     capital improvements plan, including a current list of sports-
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0009|     related capital assets.
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0010|               C.  Each quarter, after the state treasurer
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0011|     notifies the department of the amount in the sports fund, the
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0012|     department shall make a priority list for funding capital and
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0013|     programmatic expenses of the sports programs from the sports
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0014|     fund.  The priority list shall include the cost of adult
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0015|     supervisors for outdoor sports facilities at each school.
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0016|               D.  Money in the sports fund shall not be expended
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0017|     for administration."
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0018|          Section 6.  Section 22-2-8.3 NMSA 1978 (being Laws 1986,
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0019|     Chapter 33, Section 4, as amended) is amended to read:
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0020|          "22-2-8.3.  SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS
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0021|     REQUIRED--ACCREDITATION.--
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0022|               A.  The state board shall require instruction in
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0023|     specific subject areas as provided in Subsections B through F
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0024|     of this section.  Any public school or school district failing
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0025|     to meet these minimum requirements shall not be accredited by
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0001|     the state board.
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0002|               B.  All first and second grade classes shall
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0003|     provide daily instruction in language arts skills, including
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0004|     phonics, and mathematics.
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0005|               C.  All third grade classes shall provide daily
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0006|     instruction in language arts skills and mathematics.
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0007|               D.  All fourth, fifth and sixth grade classes shall
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0008|     provide instruction in language arts skills, with an emphasis
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0009|     on writing and editing; mathematics; science; and social
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0010|     studies, including geography.  The following subject areas
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0011|     shall be offered in the remaining instructional time:  art;
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0012|     music; physical education; health; and computer literacy,
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0013|     including a general familiarization with computers and support
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0014|     in the areas of mathematics and writing through word
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0015|     processing. <u>Physical education shall be required in all sixth
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<u></u>0016| <u>    grade classes.</u>
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0017|               E.  All seventh grade classes shall provide
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0018|     instruction in English, with an emphasis on grammar and
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0019|     writing; communication skills or science; New Mexico history
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0020|     and geography; mathematics; and physical <s>[fitness]</s>
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0021|     <u>education</u>.  Remaining instructional time may be used for
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0022|     electives listed in Subsection G of this section.
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0023|               F.  All eighth grade classes shall provide
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0024|     instruction in English, mathematics, United States history,
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0025|     <s>[and]</s> science <u>and physical education</u>.  Remaining
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0001|     instructional time may be used for electives listed in
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0002|     Subsection G of this section.
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0003|               G.  The electives authorized in Subsections E and F
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0004|     of this section are art, industrial arts, chorus, band, home
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0005|     economics, typing, creative writing, speech, drama, Spanish,
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0006|     computer literacy, American sign language and other electives
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0007|     approved by the state board."
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0008|                              
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