0001| SENATE BILL 343 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| SUE F. WILSON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; REQUIRING ALL PUBLIC MIDDLE SCHOOLS AND | 0012| JUNIOR HIGH SCHOOLS IN THE STATE TO HAVE PHYSICAL EDUCATION | 0013| AND SPORTS PROGRAMS; REQUIRING INTRAMURAL AND INTERSCHOLASTIC | 0014| SPORTS; CREATING A FUND; PROVIDING FOR FUNDING FROM GAMING | 0015| REVENUE; MAKING AN APPROPRIATION. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. A new section of the Public School Code is | 0019| enacted to read: | 0020| "[|NEW MATERIAL|] SHORT TITLE.--Sections 1 through 5 of | 0021| this act may be cited as the "Healthy Kids Act"." | 0022| Section 2. A new section of the Public School Code is | 0023| enacted to read: | 0024| "[|NEW MATERIAL|] FINDINGS AND PURPOSE.-- | 0025| A. The legislature finds that being involved in a | - 1 - 0001| sport is a meaningful activity that helps engage and refocus | 0002| children's attention; provides worthwhile leisure; and offers | 0003| a healthy alternative to gangs, drugs and idleness for at-risk | 0004| students. The legislature finds further that being involved | 0005| in a sport increases self-esteem and teaches a child how to | 0006| work as a team player and other important life lessons. | 0007| B. The purpose of the Healthy Kids Act is to | 0008| require physical education and sports programs, including | 0009| intramural and interscholastic sports, in all public middle | 0010| schools and junior high schools in New Mexico as a means to | 0011| improve school performance and enhance every student's life." | 0012| Section 3. A new section of the Public School Code is | 0013| enacted to read: | 0014| "[|NEW MATERIAL|] SCHOOL SPORTS--REQUIRED--SCHEDULE.-- | 0015| A. By the beginning of the 2003-2004 school year, | 0016| all public middle schools and junior high schools in the state | 0017| shall have fully developed physical education classes and | 0018| intramural and interscholastic sports programs, and all | 0019| students shall be required to take one hour of physical | 0020| education per day and participate in at least one sports | 0021| program. Each school shall employ at least one physical | 0022| education teacher for boys and at least one physical education | 0023| teacher for girls. | 0024| B. The following sports shall be included in each | 0025| school's intramural and interscholastic sports program: | - 2 - 0001| (1) football; | 0002| (2) basketball; | 0003| (3) track and field; | 0004| (4) gymnastics; | 0005| (5) baseball; | 0006| (6) swimming; | 0007| (7) golf; and | 0008| (8) tennis. | 0009| C. A school may offer additional sports, but shall | 0010| work with other schools to ensure that the additional sports | 0011| will qualify as interscholastic sports. | 0012| D. Sports programs may be phased in based on a | 0013| school's facilities and the time it will take to construct or | 0014| acquire the necessary sports infrastructure. However, each | 0015| school and school district shall endeavor to schedule the | 0016| phase-in in such a way that a sport will be playable as an | 0017| interscholastic sport by the second year of offering." | 0018| Section 4. A new section of the Public School Code is | 0019| enacted to read: | 0020| "[|NEW MATERIAL|] SPORTS FACILITIES--YEAR-ROUND | 0021| OPERATION--AGREEMENTS FOR USE OF OTHER FACILITIES.-- | 0022| A. School outdoor sports facilities shall be | 0023| operated year round, including weekends and summer nights | 0024| until 10:00 p.m. The school shall provide, either through | 0025| paid staff or contract, for adult supervision during operating | - 3 - 0001| hours. | 0002| B. Schools may enter into agreements with other | 0003| public or private schools, public agencies or private entities | 0004| to share sports facilities. The risk management division of | 0005| the general services department shall develop and provide to | 0006| each school the insurance requirements and an explanation of | 0007| the possible tort liability exposure." | 0008| Section 5. A new section of the Public School Code is | 0009| enacted to read: | 0010| "[|NEW MATERIAL|] SPORTS FUND--CREATED--ADMINISTRATION-- | 0011| FIVE-YEAR IMPROVEMENT PLAN.-- | 0012| A. The "sports fund" is created in the state | 0013| treasury. The fund shall consist of fifty percent of the | 0014| revenue generated through revenue-sharing agreements with | 0015| Indian nations, tribes and pueblos pursuant to Section 11-13-2 | 0016| NMSA 1978; specific appropriations by the legislature; gifts, | 0017| grants, donations and bequests to the fund; and interest | 0018| earned on investment of the fund. Each quarter, the state | 0019| treasurer shall transfer from the general fund the amount owed | 0020| to the sports fund. Money in the sports fund shall be | 0021| administered by the department of education. Money in the | 0022| sports fund is appropriated to the department to pay capital | 0023| and programmatic costs of the provisions of the Healthy Kids | 0024| Act, including salaries of teachers and coaches. Regular | 0025| physical education classes shall be funded through the state | - 4 - 0001| equalization guarantee distribution, but capital improvements | 0002| for physical education classes may be paid from the sports | 0003| fund. | 0004| B. Each year, each school district shall provide | 0005| to the department by August 1 a five-year sports development | 0006| plan for each public middle school and junior high school in | 0007| the district. The sports development plan shall include a | 0008| capital improvements plan, including a current list of sports- | 0009| related capital assets. | 0010| C. Each quarter, after the state treasurer | 0011| notifies the department of the amount in the sports fund, the | 0012| department shall make a priority list for funding capital and | 0013| programmatic expenses of the sports programs from the sports | 0014| fund. The priority list shall include the cost of adult | 0015| supervisors for outdoor sports facilities at each school. | 0016| D. Money in the sports fund shall not be expended | 0017| for administration." | 0018| Section 6. Section 22-2-8.3 NMSA 1978 (being Laws 1986, | 0019| Chapter 33, Section 4, as amended) is amended to read: | 0020| "22-2-8.3. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS | 0021| REQUIRED--ACCREDITATION.-- | 0022| A. The state board shall require instruction in | 0023| specific subject areas as provided in Subsections B through F | 0024| of this section. Any public school or school district failing | 0025| to meet these minimum requirements shall not be accredited by | - 5 - 0001| the state board. | 0002| B. All first and second grade classes shall | 0003| provide daily instruction in language arts skills, including | 0004| phonics, and mathematics. | 0005| C. All third grade classes shall provide daily | 0006| instruction in language arts skills and mathematics. | 0007| D. All fourth, fifth and sixth grade classes shall | 0008| provide instruction in language arts skills, with an emphasis | 0009| on writing and editing; mathematics; science; and social | 0010| studies, including geography. The following subject areas | 0011| shall be offered in the remaining instructional time: art; | 0012| music; physical education; health; and computer literacy, | 0013| including a general familiarization with computers and support | 0014| in the areas of mathematics and writing through word | 0015| processing. |Physical education shall be required in all sixth | 0016| grade classes.| | 0017| E. All seventh grade classes shall provide | 0018| instruction in English, with an emphasis on grammar and | 0019| writing; communication skills or science; New Mexico history | 0020| and geography; mathematics; and physical ~[fitness]~ | 0021| |education|. Remaining instructional time may be used for | 0022| electives listed in Subsection G of this section. | 0023| F. All eighth grade classes shall provide | 0024| instruction in English, mathematics, United States history, | 0025| ~[and]~ science |and physical education|. Remaining | - 6 - 0001| instructional time may be used for electives listed in | 0002| Subsection G of this section. | 0003| G. The electives authorized in Subsections E and F | 0004| of this section are art, industrial arts, chorus, band, home | 0005| economics, typing, creative writing, speech, drama, Spanish, | 0006| computer literacy, American sign language and other electives | 0007| approved by the state board." | 0008|  |