44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; PROVIDING FOR DUAL LANGUAGE IMMERSION PROGRAMS WITHIN THE BILINGUAL INSTRUCTION PROGRAM; MAKING AN APPROPRIATION.

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

Section 1. Section 22-23-3 NMSA 1978 (being Laws 1973, Chapter 285, Section 3) is amended to read:

"22-23-3. PURPOSE.--

A. The purpose of the Bilingual Multicultural Education Act is to [insure] ensure equal education opportunities for students in New Mexico.

B. Cognitive and affective development of the students in New Mexico is encouraged by:

(1) [utilizing] using the cultural and linguistic backgrounds of the students in the curriculum;

(2) providing students with opportunities to expand their conceptual and linguistic abilities and potentials in a successful and positive manner; [and]

(3) teaching students to appreciate the value and beauty of different languages and cultures; and

(4) promoting literacy and achievement in two languages."

Section 2. Section 22-23-6 NMSA 1978 (being Laws 1973, Chapter 285, Section 6, as amended) is amended to read:

"22-23-6. BILINGUAL INSTRUCTION PROGRAMS--ELIGIBILITY FOR STATE FINANCIAL SUPPORT.--

A. To be eligible for state financial support, each program shall:

(1) provide for the educational needs of linguistically and culturally different students, including Native American children and other students who may wish to participate, in grades kindergarten through twelve, with priority to be given to programs in grades kindergarten through three, in any public school or any combination of public schools in a district;

(2) fund programs for culturally and linguistically different students in the state in grades kindergarten through three for which there is an identifiable need to improve the language capabilities of these students before funding programs at higher grade levels;

(3) use two languages as mediums of instruction for any part or all of the curriculum of the grade levels within the program;

(4) use teachers who have specialized in elementary or secondary education and who have received special training in bilingual education conducted through the use of two languages; and

(5) emphasize the history and cultures associated with the students' mother tongue.

B. Students participating in dual language immersion programs approved by the department shall also be eligible for state financial support.

[B.] C. Each program [must] shall meet each requirement of Subsection A of this section and be approved by the department, the state superintendent or his representative to be eligible for state financial support.

[C. The provisions in Paragraph (1) of Subsection A of this section relating to grades seven through twelve shall be phased in as follows:

(1) grades seven and eight in the 1988-89 school year;

(2) grades nine and ten in the 1989-90 school year; and

(3) grades eleven and twelve in the 1990-91 school year.]"

Section 3. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the state department of public education for expenditure in fiscal year 2000 to implement the dual language immersion programs provided for in this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.