SENATE BILL 231

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Leo Jaramillo

 

 

 

 

          

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE PUBLIC SCHOOL CODE TO REQUIRE HEALTH EDUCATION FOR GRADES SIX THROUGH TWELVE TO INCLUDE AGE-APPROPRIATE INSTRUCTION ADDRESSING YOUTH SUBSTANCE USE AND ABUSE AND THE DANGERS OF OPIOIDS, INCLUDING SYNTHETIC OPIOIDS SUCH AS FENTANYL; REQUIRING INSTRUCTION TO ADDRESS DRUG POISONING AWARENESS, METHODS OF ADMINISTERING AN OPIOID ANTAGONIST AND STUDENT ACCESS TO SUBSTANCE ABUSE AND PREVENTION RESOURCES.

 

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; and

                (3) beginning with the 2024-2025 school year, in sixth through eighth grades, age-appropriate instruction regarding youth substance use and abuse and the dangers of opioids, including addiction to and abuse of synthetic opioids such as fentanyl. Any written materials shall be in both English and Spanish. The department shall promulgate rules regarding the use of qualified school personnel or other entities qualified to provide the instruction required pursuant to this paragraph. The instruction shall include:

                     (a) fentanyl abuse and addiction prevention;

                     (b) drug poisoning awareness;

                     (c) methods of administering an opioid antagonist;

                     (d) information regarding local school and community substance abuse and prevention resources and how students can access those resources; and

                     (e) suicide and drug overdose prevention."

     SECTION 2. Section 22-13-1.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 5, as amended) is amended to read:

     "22-13-1.1. GRADUATION REQUIREMENTS.--

          A. At the end of grades eight through eleven, each student shall prepare an interim next-step plan that sets forth the coursework for the grades remaining until high school graduation. Each year's plan shall explain any differences from previous interim next-step plans, shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's guidance counselor or other school official charged with coursework planning for the student.

          B. Each student must complete a final next-step plan during the senior year and prior to graduation. The plan shall be filed with the principal of the student's high school and shall be signed by the student, the student's parent and the student's guidance counselor or other school official charged with coursework planning for the student.

          C. An individualized education program that meets the requirements of Subsections A and B of this section and that meets all applicable transition and procedural requirements of the federal Individuals with Disabilities Education Act for a student with a disability shall satisfy the next-step plan requirements of this section for that student.

          D. A local school board shall ensure that each high school student has the opportunity to develop a next-step plan based on reports of college and workplace readiness assessments, as available, and other factors and is reasonably informed about:

                (1) curricular and course options, including honors or advanced placement courses, dual-credit courses, distance learning courses, career clusters and career pathways, pre-apprenticeship programs or remediation programs that the college and workplace readiness assessments indicate to be appropriate;

                (2) opportunities available that lead to different post-high-school options; and

                (3) alternative opportunities available if the student does not finish a planned curriculum.

          E. The secretary shall:

                (1) establish specific accountability standards for administrators, counselors, teachers and school district staff to ensure that every student has the opportunity to develop a next-step plan;

                (2) promulgate rules for accredited private schools in order to ensure substantial compliance with the provisions of this section;

                (3) monitor compliance with the requirements of this section; and

                (4) compile such information as is necessary to evaluate the success of next-step plans and report annually, by December 15, to the legislative education study committee and the governor.

          F. Once a student has entered ninth grade, the graduation requirements shall not be changed for that student from the requirements specified in the law at the time the student entered ninth grade.

          G. Successful completion of a minimum of twenty-three units aligned to the state academic content and performance standards shall be required for graduation. These units shall be as follows:

                (1) four units in English, with major emphasis on grammar and literature;

                (2) three units in mathematics, at least one of which is equivalent to the algebra 1 level or higher;

                (3) two units in science, one of which shall have a laboratory component; provided, however, that with students entering the ninth grade beginning in the 2005-2006 school year, three units in science shall be required, one of which shall have a laboratory component;

                (4) three units in social science, which shall include United States history and geography, world history and geography and government and economics;

                (5) one unit in physical education;

                (6) one unit in communication skills or business education, with a major emphasis on writing and speaking and that may include a language other than English;

                (7) one-half unit in New Mexico history for students entering the ninth grade beginning in the 2005-2006 school year; and

                (8) nine elective units and seven and one-half elective units for students entering the ninth grade in the 2005-2006 school year that meet department content and performance standards. Student service learning shall be offered as an elective. Financial literacy shall be offered as an elective. Pre-apprenticeship programs may be offered as electives. Media literacy may be offered as an elective.

          H. For students entering the ninth grade beginning in the 2009-2010 school year, at least one of the units required for graduation shall be earned as an advanced placement or honors course, a dual-credit course offered in cooperation with an institution of higher education or a distance learning course.

          I. The department shall establish a procedure for students to be awarded credit through completion of specified career technical education courses for certain graduation requirements, and districts may choose to allow students who successfully complete an industry-recognized credential, certificate or degree to receive additional weight in the calculation of the student's grade point average.

          J. Successful completion of the requirements of the New Mexico diploma of excellence shall be required for graduation for students entering the ninth grade beginning in the 2009-2010 school year. Successful completion of a minimum of twenty-four units aligned to the state academic content and performance standards shall be required to earn a New Mexico diploma of excellence. These units shall be as follows:

                (1) four units in English, with major emphasis on grammar, nonfiction writing and literature; provided that department-approved work-based training or career and technical education courses that meet state English academic content and performance standards shall qualify as one of the four required English units;

                (2) four units in mathematics, of which one shall be the equivalent to or higher than the level of algebra 2, unless the parent submitted written, signed permission for the student to complete a lesser mathematics unit;