Last Reviewed by State Dept of Education: 12/1/2012
Contact us with corrections or additions New Mexico Last Updated: 9/29/2014
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Curriculum and Instruction
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Health Education
     Last Updated: 12/27/2011

Mandate: 22-13-1.1 NMSA (1978) requires students entering the eighth grade in 2012-13 and beyond to complete a course in health education prior to graduation. Thise course may be required in either middle school or high school, according to the district.  22-13-1 NMSA (1978) requires students in grades 1-12 to receive instruction in health education.

6.12.6 NMAC (2006) requires local school districts to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential, K-12 health education curriculum that addresses the physical, mental, emotional, and social dimensions of health and is aligned to the health education content standards with benchmarks and performance standards as set forth in 6.30.2.19 NMAC.

Curriculum Content: 6.29.6.8  NMAC (2009) outlines content standards with Benchmarks and Performance Standards for Health Education K-12. Each local school district is required to develop a K-12 Health Education curriculum that is aligned to NMPED Health Education Standards content standards (1997, revised 2006), with benchmarks and performance standards.

State Assessment Requirement: None.

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Physical Education
     Last Updated: 12/30/2013

Mandate: 22-13-1 NMSA (2005) requires students in grades 1-8 to receive instruction in physical education. 22-13-1.1 NMSA (2009) requires students to have one unit in physical education or other physical activity for graduation

Exemptions: 6.30.2.10.J9(n) NMAC (2000) allows the physical education graduation requirement to be waived because of a permanent or chronic medical condition that does not permit physical activity.  6.30.2.10.8 NMAC (2000) allows local districts to design courses, known as alternative credit, which with approval of the Secretary, will satisfy any of the 14 specified credits required for graduation.  Requirements for this process are outlined in the policy. However, guidance (2013) from the Secretary of Education states that NM law does not allow students to graduate without a physical education credit, and beginning in 2014-15, there will be no further exemptions or substitions for PE credit for graduation.

6.29.9.8
NMAC (2009) details the NMPED K-12 content standards with benchmarks and performance standards for Physical education for physical education. The Physical Education Standards (1997, revised 2006) set required benchmarks and performance standards for teaching physical education. Local schools are required to align physical education curriculum to the performance standards.

Curriculum Content6.29.9.8 NMAC (2009) details the NMPED K-12 content standards with benchmarks and performance standards for Physical Education. Local school districts are required to align their K-12 Physical Education Curriculum to these K-12 Physical Education Standards (1997, revised 2006)content standards with benchmarks and performance standards.  

6.12.6 NMAC (2006) requires local school districts to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential, K-12 physical education curriculum that provides the optimal opportunity for all students to learn and develop physical activity and is aligned to the NMPED physical education content standards with benchmarks and performance standards set forth in 6.29.9.8 NMAC (2009).

Physical Fitness Assessment: None.

Asthma Awareness Education
     Last Updated: 12/27/2011

6.12.6 NMAC, requires each school district and charter school to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health and is aligned to the NMPED K-12 Health Education Standards (1997, revised 2006) with benchmarks and performance standards as set forth in 6.29.6 NMAC, that includes asthma awareness education.

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Emotional, Social, and Mental Health Education
     Last Updated: 12/27/2011

6.12.6 NMAC (2006) requires each school district and charter school to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health and is aligned to the NMPED K-12 Health Education Standards (1997, revised 2006) standards with benchmarks and performance standards as set forth in 6.29.2 NMAC, that includes emotional, social and mental health education.

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HIV, STD, and Pregnancy Prevention Education
     Last Updated: 3/17/2011

Mandate 6.12.2.10 NMAC (2005) requires each school district to provide instruction about HIV and related issues in the local curriculum that is aligned to the required NMPED K-12 Health Education content standards with benchmarks and performance standards as set forth in 6.29.6 NMAC, to all students in the elementary grades, middle school and high school.

Curriculum Content6.12.2.10 NMAC states that the instructional program shall include, but not necessarily be limited to - definition of HIV and AIDS; the symptoms and prognosis of HIV and AIDS; how the virus is spread; ways to reduce the risks of getting HIV/AIDS, stressing abstinence; societal implications for this disease; local resources for appropriate medical care; and ability to demonstrate refusal skills, overcome peer pressure and use decision making skills.

Parental Approval: 6.12.2.10 NMAC (2005) requires community involvement. Each local board of education shall insure the involvement of parents, staff; and students in the development of policies and the review of instructional materials."

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Nutrition Education
     Last Updated: 12/27/2011

6.29.6.1 NMAC (2009) requires each school district and charter school to adopt wellness policies that address student ands chool employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that address physical, mental, emotional and social health and is aligned to the PED K-12 Health Education Standards (1997, revised 2006) content standards with benchmarks and performance standards as set forth in 6.29.6 NMAC, which include nutrition education.

School districts may provide nutrition programs as part of its school health program according to 6.29.1 (2009). 

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Alcohol, Tobacco, and Drug Use Education
     Last Updated: 12/27/2011

Alcohol:  6.29.6 NMAC requires each school district and charter school to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health that is aligned with the NMPED Health Education Standards (1997, revised 2006) with benchmarks and performance standards as set forth in 6.29.6 NMAC (2009), which includes alcohol  use education. 

Tobacco:  6.29.6 NMAC requires each school district and charter school to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health that is aligned with the NMPED Health Education Standards (1997, revised 2006) with benchmarks and performance standards as set forth in 6.29.6 NMAC (2009), which includes tobacco use education. 

Drugs:  6.29.6 NMAC requires each school district and charter school to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health that is aligned with the NMPED Health Education Standards (1997, revised 2006) with benchmarks and performance standards as set forth in 6.29.6 NMAC (2009), which includes drug use education. 

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Injury and Violence Prevention Education
     Last Updated: 12/27/2011

6.29.6 NMAC (2009) requires each school district and charter school to adopt wellness policies that address student and school employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health that is aligned with the NMPED K-12 Health Education Standards (1997, revised 2006) with benchmarks and performance standards as set forth in 6.29.6 NMAC, which includes injury and violence prevention education. 

Bullying/Harassment6.12.7 NMAC requires each district and charter school to develop and implement a policy that addresses bullying. Required topics are listed in this state rule. It also requires that
anti-bullying be included as part of the district K-12 Health Education curriculum as set forth in 6.29.6 NMAC (2009). 

Fighting/Gangs6.29.6 NMAC (2009) requires each school district and charter school to adopt wellness policies that address student and employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 Health Education curriculum that addresses the physical, mental, emotional and social dimensions of health that is aligned with the NMPED K-12 Health Education Standards (1997, revised 2006) with benchmarks and performance standards, as set forth in 6.29.6 NMAC (2009), which includes safe schools and conflict resolution prevention education; specifically, for teaching non-violent conflict resolution strategies, the difference between positive and negative behaviors in conflict situations and the causes of conflict.

Suicide and Other Self-Abuse6.29.6 NMAC (2009) requires each school district and charter school to adopt wellness policies that address student and employee wellness through a coordinated school health approach which shall include a planned, sequential K-12 health Education curriculum that addresses the physical, mental, emotional and social dimensions of health that is aligned with the NMPED K-12  Health Education Standards (1997, revised 2006) content standards with benchmarks and performance standards as set forth in for health education, which include suicide prevention education for grades K-12. Local schools are required to align health education curriculum to the performance standards  as set forth in 6.29.6 NMAC, which includes suicide and other self-abuse prevention education; specifically, teaching ways to communicate respect for oneself, strategies for solving interpersonal conflicts without harming oneself and the difference between safe and risky behaviors and their consequences.

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Staff
Requirements for All Educators Regarding Health Education
     Last Updated: 3/18/2011

Professional Development: : 6.65.2 NMAC requires all public school districts and charter schools to design and implement a professional development plan that meets the guidelines in this rule and that is part of the district/school strategic plan (Educational Plan for Student Success).

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Requirements for Health Educators
     Last Updated: 3/18/2011

Pre-service Requirement: Complete the requirements for an elementary [K-8] license (6.61.2 NMAC) or a middle school [5-9] license (6.61.3 NMAC) or a secondary [7-12] license (6.61.4 NMAC) or a PreK-12 license (6.61.5). Competencies for entry level Health Education teachers may be found in 6.64.7 NMAC.

To add an (Health Education) endorsement to a teaching license, one must complete 24 semester hours of course work in Health Education. If the person has a middle school license, a secondary license, or a PreK-12 license, 12 of the 24 semester hours of course work must be in upper division courses.

Professional Development: No specific requirement for health education. However, 6.65.2 NMAC, requires all public school districts and charter schools to design and implement a professional development plan that meets the guidelines in this rule and that is part of the district/school strategic plan (Educational Plan for Student Success).

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Requirements for Physical Educators
     Last Updated: 3/18/2011

Pre-service Requirement: Complete the requirements for an elementary [K-8] license (6.61.2 NMAC) or a middle school [5-9] license (6.61.3 NMAC) or a secondary [7-12] license (6.61.4 NMAC) or a PreK-12 license (6.61.5 NMAC). Competencies for entry level Physical Education teachers may be found in 6.64.14 NMAC.

Professional Development: No specific requirement for physical education. However 6.65.2 NMAC, requires all public school districts and charter schools to design and implement a professional development plan that meets the guidelines in this rule and that is part of the district/school strategic plan (Educational Plan for Student Success).

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Requirements for School Nurses
     Last Updated: 3/18/2011

Pre-service Requirement:There are three (3) levels of licensure for Health Services school employees: (1) 6.63.2 NMAC, School Nurse PreK-12 – Associate, Professional, Supervisory. The Associate is required to have completed an Associate’s degree in Nursing and possess an RN license issued by the NM Board of Nursing. The Professional is required to have completed a Bachelor’s degree in Nursing and possess an RN license issued by the NM Board of Nursing. The Supervisory is required to have completed a Master’s degree in Nursing and possess an RN license issued by the NM Board of Nursing.

(2) 6.63.16 NMAC, Licensed Practical Nurse PreK-12 – The LPN is required to be 18 years old and have completed a state approved program of study of practical nursing and possess certification as an LPN issued by the NM Board of Nursing; and possess certification in CPR, have 1 year of supervised experiences outside the school setting, and be oriented to school duties by a licensed RN.
(3) 6.63.15 NMAC, Health Assistant PreK-12 – The Health Assistant is required to have a high school diploma, complete a NM Department of Health training for school health assistants, possess certification in CRP and First Aid, and have verification from an employing school authority that a local orientation related to assigned duties and facilitated by a licensed RN was completed.
 
Detailed information for this area can be found on the Public Education Department web page under Professional Licensure Bureau under Licensure Pathways/Requirements.

Professional Development16.12.2.10.S (3) NMAC, requires 30 hours of approved CE to be accrued by RNs and LPNs within the 24 months immediately preceding expiration of licensure.

Student-to-Nurse Ratio: There is no mandated ratio in New Mexico. Health services are required to be provided; however, the number of school nurses in a district is determined at the local level and is based on the size of the school/district and the assessed needs of the students.
Requirements for Non-Certified Personnel to Administer Medication
     Last Updated: 3/18/2011

Pre-service Requirement16.12.5.9 NMAC, Medication Aides - a person must be 18 years of age, be a high school graduate or complete a GED, provide documentation of a minimum of 6 months health care experience working at the board approved agency within the last year, successfully complete a board-approved program for the preparation of medication aides, complete the required application form and provide proof of current CPR certification.

Section 22-10A-3.A NMSA 1978, any person providing health care and administering medications or performing medical procedures in a public school shall hold a valid license or certificate from the department authorizing the person to perform that function.

Professional Development: 16.12.5.9 NMAC (2005) requires medications aides to obtain 16 clock hours within the 2 year renewal period. New Mexico agencies provide annual professional development for medication aides in the state.

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Requirements for School Counselors
     Last Updated: 3/18/2011

Pre-service Requirement: 6.63.6.8 NMAC (2003)applicants may meet this requirement by meeting requirements – (1) national certified school counselor credential issued by the national board for certified counselors, (2) licensed professional mental health counselor or licensed professional clinical mental health counselor credential issued by the New Mexico counseling and therapy practice board and a minimum of 6 semester hours of graduate credit in school counseling course work and (3) master’s degree from a regionally accredited college or university that meets the requirements of paragraphs (1) and (2) of subsection C of this rule. All candidates shall take and pass the content knowledge assessment for school counselors as stated in 6.60.5.8 NMAC prior to the issuance of the license.

Professional Development6.65.2 NMAC, requires all public school districts and charter schools to design and implement a professional development plan that meets the guidelines in this rule and that is part of the district/school strategic plan (Educational Plan for Student Success).

Student-to-Counselor Ratio: There is no mandated ratio in New Mexico. School counseling services are required to be provided; however, the number of school counselors in a district is determined at the local level and is based on the size of the school/district and the assessed needs of the students.

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Requirements for School Psychologists
     Last Updated: 3/18/2011

Pre-service Requirement: 6.63.5.8 NMAC (2003)  establishes the requirements for 3 levels of school psychologist (1) PreK-12 for persons seeking licensure as a (1) Level 1, entry level school psychologist, (2) Level 2, independent school psychologist and (3) Level 3, supervising school psychologist practicing in a school-related setting. Details of these requirements are within this rule. 

These licenses cannot be used to provide service outside a school-related setting and cannot be used in a public setting.

Professional Development: The Board of Psychologist Examines requires 60 hours of Continuing Professional Education every 3 years. Professional development may be provided by the NM Board of Psychology Examiners and/or the NM Counseling and Therapy Practice Board and/or the National Association of School Psychologist.

Student-to-Psychologist Ratio: None specified.

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Requirements for School Social Workers
     Last Updated: 3/18/2011

Pre-service Requirement:  6.63.7 NMSA, establishes the requirements for 3 levels of school social work (1) Level 1, entry level school social worker, (2) Level 2, school social worker and (3) Level 3, independent school social worker. Details of these requirements are within this rule. In order to work in a school setting, all staff in this area must also complete a licensure application for a PED license.

Professional Development: None specified.

Student to Social Worker Ratio: None specified.

Requirements for Food Service Personnel
     Last Updated: 7/14/2008

Pre-service Requirement: None specified.

Professional Development: The state does not have a requirement; however, New Mexico provides annual professional development for food service personnel in the state.

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Requirements for Athletic Coaches
     Last Updated: 5/18/2011

Pre-service Requirement: 6.63.8.8 NMAC establishes the requirements for 3 levels of licensure in Athletic Coaching, grades 7-12 (1) Entry Level 1, (2) Level 2 and (3) Level 3 advanced licensure.  Details of these requirements are within this rule. 16.13.1 NMAC requires all individuals who wish to practice the profession of athletic training in the State of New Mexico and individuals offering services in association or associated with athletic training must be licensed.

Professional Development: The state does not have a requirement; however, New Mexico provides annual professional development for athletic coaches in the state and the New Mexico Activities Association requires a one time workshop for all new coaches.

 

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Health Promoting Environment
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Wellness Policies
     Last Updated: 12/27/2011

Additional accountability requirements: Rule 6.12.6 NMAC (2006) requires each school district and charter school to develop and implement a policy that addresses student and employee wellness through a coordinated school health approach and must submit the policy to the Public Education Department for Approval. The district policy shall include, but is not limited to, the 11 sections noted in this rule. 

In addition, each school district and charter school is required to establish a district School Health Advisory Council that shall meet at least 2 times annually to make recommendations to the local school board in the development or revision, implementation and evaluation of their wellness policy.

Additional content requirements: Rule 6.12.6 NMAC requires each school district and charter school to develop and implement a policy that addresses student and school employee wellness through a coordinated school health approach". The law goes beyond federal minimum requirements to specifically include nutritional requirements for a la carte items and school sponsored fundraisers before, during, and after school hours, and requires that a planned, sequential K-12 health and physical education curriculum aligned with state benchmarks be included in the wellness policy.

Guidance materials: The state Public Education Department has created Wellness Policy Rule TA Documents for districts that include: a School Wellness Policy Guidance Document that includes templates for many different school health policies to meet state policy requirements for a comprehensive coordinated school health policy.

Other: None

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School Meals Program
     Last Updated: 8/5/2014

Food Services: 22-13-13 NMSA (no date available) requires the state board to prescribe standards and regulations for establishing and operating of a school lunch program.

Adequate Time to Eat: 6.291.1.9.I (6) NMAC, the student lunch period each day shall be at least 30 minutes.   Lunch recess shall not be counted as part of the instructional day.

School Breakfast: SB144 (2012) requires school districts and charter schools to provide free breakfast, after the instructional day has begun, to all students in elementary school in school districts where 85% or more of the students are eligible for free or reduced-price lunch. Schools with less than 85% of students on free and reduced price lunch may establish a program providing free breakfast after the instructional day has begun. A school district or charter school may apply for a waiver from this requirement.  Additionally, provided that instruction occurs simultaneously, time when breakfast is served or consumed pursuant to a state or federal program hall be deemed to be time in a school-directed program and is part of the instructional day.

 

Food Allergies: No state policy.

Farm-to-School: SM 54 (2008) requests that school districts to place great emphasis on, and make a high priority, for the purchase of locally grown foods for use in their school food programs; to encourage the Food Service Directors of NM school districts to search out local farmers who want to supply locally grown foods for school food programs; and to encourage copies of the NM Farm to School Directory be sent to all School Food Service Directors.

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Competitive Foods in School
     Last Updated: 9/29/2014
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 6.12.5 NMAC (2006) sets standards for competitive beverages and foods sold to students through vending machines, a la carte sales and fundraisers.  In elementary schools, beverages may not be sold through vending machines until after the last lunch period and may only include 2% or less milk or soy milk and water.  Vending machines at elementary schools may not sell carbonated beverages or food.  Middle schools are limited to the same beverage restrictions, with the addition of 100% fruit juice (no added sweeteners, less than 20 ounces and less than 125 calories/container).  Middle school vending machines may sell nuts, seeds, cheese, yogurt and fruit at all times, and other foods (with nutritional specifications outlined) after the lunch period.  High schools may sell the same beverages as elementary and middle schools, with the addition of fruit juice (at least 50%, not exceeding 20 ounces).  After the lunch period, vending machines may sell sugar-free and caffeine free carbonated drinks, non-carbonated flavored water with no added sweeteners and sports drinks.

6.12.5 NMAC sets standards for competitive beverages and foods sold in a la carte sales and fundraisers.  In the area of a la carte sales, all schools follow regulations follow the same beverage restrictions for vending machines, with the exception of carbonated beverages, sport drinks and flavored water (which are not permitted).  A la carte food items may only be sold during the lunch period, and are restricted as follows:  (1) no more than 400 calories/container/package/amount served, (2) no more than 16 grams of fat/container/package/amount served, with a maximum of 2 grams of saturated fat and trans fat combined and (2) no more than 30 grams of sugar per serving/amount served.  These restrictions do not apply to nuts, seeds, cheese and yogurt.

In the area of fundraisers, two sets of restrictions apply, those during school hours and those outside of school hours.  During school hours, beverages and food products may be sold at any time except the lunch period as long as they abide by the following restrictions.  In elementary schools, food products may not be sold as fundraisers.  Beverages are limited to 2% or less milk, soy milk or water (no carbonated beverages).  In middle and high schools, food and beverage items for fundraisers are subject to the same restrictions as those in vending machines (see above).  Outside of school hours, at least 50% of the choices/offerings for the fundraiser must meet high school vending standards. 

 

Fundraising Exemptions

Per 6.12.7 NMAC (2014), exempted fundraisers may take place once per semester or trimester, per school, per year.

 

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Physical Activity Other Than Physical Education
     Last Updated: 5/17/2011

General Physical Activity Requirement: No state policy requiring physical activity. However, 6.12.6 NMAC (2006) requires each  school district and charter school to develop and implement a policy that addresses student and employee wellness through a coordinated school health approach to include guidelines to provide physical activity opportunities, other than physical education, to students before, during and/or after school.

The School District Wellness Policy Guidance document contains a Physical Activities template that lists numerous types of physical activities that could be included in a local school physical activities policy.  The template also recommends that schools not withhold student physical activity time (recess, physical activity breaks, etc.) as punishment.

Recess or Physical Activity Breaks: The School Wellness Policy Guidance Document recommends that schools provide daily recess for all elementary students. It also recommends that all districts prohibit withholding physical activity (physical education class, recess, etc) as a means/method of punishment.

Recess Before Lunch:  The School Wellness Policy Guidance Document recommends that all schools consider scheduling recess before lunch.

Walking/Biking to School: 66-7-501 NMSA (2003) creates the Safe Routes to School program to increase and make safer a student's ability to walk or ride a bicycle to school. The program may be used to provide assistance to the state, counties and municipalities to identify school route hazards and implement engineering improvements, to develop grant evaluation criteria and to include information about the safe routes to school program in public awareness campaigns.

In SJM55 (2003), the Legislature requests the Department of Transportation to direct more of its efforts and federal funding on improving bicycle and pedestrian access and traffic-calming measures in school zones. It further asks the state highway and transportation department to work with committees, school districts, law enforcement agencies, parents, teachers and school administrators to develop innovative programs and initiatives to create safe routes to school.

Organized Sports
     Last Updated: 6/21/2010

Interscholastic Athletics: State Board of Education Administrative Code 6.13.2.9 NMAC (2000) states that interscholastic activities are an integral and essential component of the curricula within New Mexico schools. These activities must be fair, open and consistent and organized, supervised, and regulated by both the State Board of Education and the New Mexico Activities Association. State Board of Educaiton Administrative Code 6.13.3.8 NMAC (2000) sets the eligibility requirements for student participation in interscholastic student activities. State Board of Education Administrative Code 6.13.4.8 NMAC (2000) requires local school boards to comparable athletic opportunities for both sexes.
 
Concussion and Sports-Related Head InjurySB1 (2010) prohibits a coach from allowing a student athlete from participating in a school athletic activity on the same day that the student exhibits signs, symptoms or behaviors exhibits signs, symptoms or behaviors consistent with a brain injury after a coach, a school official or a student athlete reports, observes or suspects that a student athlete exhibiting these signs, symptoms or behaviors has sustained a brain injury; or has been diagnosed with a brain injury. A coach may allow a student athlete who has been prohibited from participating in a school athletic activity toparticipate again no sooner than one week after the student athlete has received a brain injury and only after the student athlete: (1) no longer exhibits any sign, symptom or behavior consistent with a brain injury; and(2) receives a medical release from a licensed health care professional.
 

Safe and Drug-Free Schools
     Last Updated: 5/18/2011

State Board of Education Administrative Code 6.11.2 NMAC (2000) provides a comprehensive framework within which local school boards and districts can carry out their educational mission and exercise their authority and responsibility to provide a safe environment for student learning.

6.30.2.10
NMAC (2000) requires schools to provide a safe, clean, well maintained, orderly and purposeful environment that is conducive to teaching and learning. The code also requires school districts to provide safe, healthy, orderly, clean, and in good repair school facilities and grounds.

6.29.1.9.B (6)
NMAC, requires the district superintendent or the administrator of a charter school to be accountable for student safety, to ensure that all students are supervised while on school property and while attending or traveling to school events or activities on school-provided transportation, and to ensure that all buildings, grounds and facilities provide a safe and orderly environment for public use.

6.29.1.9
.O (1) through (6) NMAC, requires each school district or charter school shall ensure that all buildings, facilities and grounds provide a safe and orderly environment for public use that they shall be: safe, healthy, orderly and clean and in good repair; in compliance with ADA-Part III and state fire marshal regulations; safe for conducting experiments and school projects in all school laboratories and shops, as established in written school safety procedures which are reviewed annually,  appropriate procedures for the storing , handling and removal of toxic and dangerous substances shall be established and implemented; all school programs shall comply with standard safety practices and all applicable state and federal regulations; and the use of pesticides will be governed by standards listed in this section.

6.19.3
(2004) NMAC implements the dangerous schools mandate of the NCLB Act by requiring a safe school option be available to students attending persistently dangerous schools. Further, schools must offer, within ten days of the incident, a complete transfer to a safe school for any student who has been the victim of a violent crime, such as aggravated battery, to be completed within 30 days.

6.12.6.8D
 NMAC requires school safety plans at each school building focused on supporting healthy and safe environments and including but not necessarily limited to : prevention, policies and procedures, tactical emergency response plans, and recovery.

6.12.4 NMAC, prohibits the use of tobacco products, alcoholic beverages and illicit drugs in school buildings, on school property and for students at school functions away from school property.



Section 30-31.2.Y NMSA 1978, defines a drug free school zone as a public school or property and the area within 1000’ feet of the school property line.

Fighting/Gangs: State Board of Education Administrative Code 6.11.2.9 NMAC prohibits disruptive conduct and criminal or delinquent acts and gang-related activity inside and within the legal limits of all public schools. Local school boards are granted discretion to develop further rules of conduct.


Weapons: State Board of Education Administrative Code 6.11.2.9 NMAC requires each school district to adopt a policy providing for the expulsion, for a period of not less than a year, of any student who knowingly brought a weapon to a school under the jurisdiction of the local school board. 32A-2-33 NMSA (no date available) requires a public school administrator or employee to report a child who is suspected to possess a firearm on school premises to law enforcement agency and to the children, youth and families department.

New Mexico also adheres to the Gun Free Schools Act of the ESEA, and individual school districts have reportedly implemented zero tolerance policies.

Drugs and Alcohol: State Board of Education Administrative Code 6.11.2.9 NMAC gives authority to local school boards to adopt policies regulating the use of any controlled substances, alcohol, and tobacco in public schools. 22-5-4.4 NMSA (no date available) requires school employees to report any knowledge or good faith suspicion of a student using or abusing alcohol or drugs.

Collaboration with Law Enforcement: State Board of Education Administrative Code 6.11.2.10 NMAC gives administrative authority the discretion, unless a local board policy provides otherwise, to notify law enforcement, the local Children's Court attorney, or district attorney when a search discloses illegally possessed contraband material or evidence of some other crime or delinquent act.

Bullying, Harassment and Hazing
     Last Updated: 12/27/2011

Bullying/Harassment6.12.7 NMAC requires school districts and charter schools to develop and implement a policy that addresses bullying. The policy must include but is not limited to:  (1) definitions; an absolute prohibition against bullying, (2) a method to ensure initial and annual dissemination of the anti-bullying policy to all students, parents, teachers, administrators and all other school or district employees, (3) procedures for reporting incidents of bullying which ensure confidentiality to those reporting bullying incidents and protection from reprisal retaliation or false accusation against victims, witnesses or others with information regarding a bullying incident, (4) consequences for bullying which include consideration of compliance with state and federal IDEA requirements, (5) consequences for knowingly making false reports pursuant to the anti-bullying policy; procedures for investigation by administration of incidents reported pursuant to the anti-bullying policy, and (6) a requirement that teachers and other school staff report any incidents of bullying.

State Board of Education Administrative Code 6.11.2.9 NMAC (2000) prohibits sexual harassment inside and within the legal limits of all public schools.

Cyberbullying: No state policy.

Hazing: No state policy addressing elementary or secondary schools.

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Crisis Management/Emergency Response
     Last Updated: 5/17/2011

Response and Management Plans: 22-13-14 NMSA, per SB 230, (2005) requires emergency drills in all schools to include: fire, shelter-in-place (lock down), and evacuation. Subsection M of 6.30.2.10 NMAC (2006) provides definitions and clarifications for requirement for emergency drills. The language in concerning fire drills" is replaced with emergency drills." Schools are required to perform an emergency drill at least once each week during the first four weeks of the school year and at least once each month thereafter until the end of the school year. Two drills during the year shall be shelter-in-place drills and one shall be an evacuation drill, as directed by the department. The remainder of the drills shall be fire drills.

6.12.6.8.D (8) NMAC, requires school safety plans at each school building focused on supporting healthy and safe environments and including but not necessarily limited to : prevention, policies and procedures, tactical emergency response plans, and recovery.

6.12.6 NMAC (2006) requires local school districts to adopt wellness policies that address student and school employee wellness through a coordinated school health approach including school safety plan at each school building focused on supporting healthy and safe environments that includes prevention, policies and procedures, and emergency response.

Reporting Incidents of Violence: State Board of Education Administrative Code 6.11.2.10 NMAC (2000) gives administrative authority the discretion, unless a local board policy provides otherwise, to notify law enforcement, the local Children's Court attorney, or district attorney when a search discloses evidence of a crime or delinquent act.

Tobacco Use
     Last Updated: 9/16/2009
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State Board of Education Administrative Code NMAC 6.12.4 (1994) requires each local school board to implement a policy prohibiting the use of tobacco products in school buildings, on school property, and for students at school functions away from school property. New Mexico does not have a specific policy addressing indoor air quality in schools. NMSA 24-16-1 (2007) makes it unlawful for a person to smoke in any indoor workplace or indoor public place, the definitions of which cover public and private schools. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

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Air Quality
     Last Updated: 12/11/2006

New Mexico does not have a specific policy addressing indoor air quality in schools. However, 6.30.2.10 E(1) NMAC (2003) does require each school district to provide facilities and grounds that are safe, healthy, orderly, clean and in good repair.

Pesticide Use
     Last Updated: 12/30/2007

6.30.2.10 E(4) NMAC requires to districts to develop procedures for pest management for school facilities and grounds. The code specifies that pesticide application may not be done while students, staff or visitors are present or will be present within 6 hours and notification must be given either oral or written of anticipated pesticide application.

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Playground/Facility Safety
     Last Updated: 1/29/2006

No state policy.

Shared Use Agreements
     Last Updated: 4/14/2013

Statute 5-4-16 (1967) authorizes school districts to construct, own, or operate community recreational facilities on land owned by the school district or acquired by the school district for community recreational facilities. Local boards of education may enter into agreements with any state or federal agency or department to obtain assistance in acquiring, constructing or operating community recreational facilities.

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Student Services
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Screening for Health Conditions
     Last Updated: 7/1/2010

Vision and Hearing: NMSA 24-1-30 through 24-1-32 (2007) created the Save Our Children’s Sight Fund and requires vision screening tests to be administered to students enrolled in the school in pre-kindergarten, kindergarten, first grade and third grade and for transfer and new students in those grades, unless a parent affirmatively prohibits the visual screening.  The statute also requires the Department of Health to promulgate rules for the award of money for certain eligible students from the fund along with rules to establish vision screening test standards based upon a DOH Secretary-appointed advisory committee’s recommendation.

Chronic Health Conditions: No state policy.

Body Mass Index (BMI) Screening: No state policy.

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Administration of Medications
     Last Updated: 10/14/2013

Staff Administration: The New Mexico School Health Manual states that optimally all medications should be administered by a Public Education Department-licensed school nurse. However, in situations where a licensed nurse is not available, the New Mexico Board of Nursing Practice Act allows nurses to delegate or assign to unlicensed persons acts which they are prepared, qualified, licensed or certified to perform. This includes assigning the task of medication administration to an LPN, certified medication aide or other qualified unlicensed person.

Self-Administration of Asthma Medication:
 22-5-4.3 NMSA (2004) requires school discipline policies to allow students to carry and self-administer asthma medication, upon condition of the requirements outlined in the statute. 6.12.2.9 NMAC (2005) requires schools (whether public or nonpublic) to grant to any student in grades K-12 authorization to carry and self-administer health care practitioner prescribed asthma treatment medications if the following conditions are met: (a) the student has demonstrated the necessary skill level for self-administration, (b) there is a written treatment plan for managing asthma episodes of the student, (c) the student's parent or guardian has submitted to the school required documentation outlined in the statute. A school must allow the student to possess and use his/her medication while in school, at a school sponsored-activity, and during normal before- and after- school activities, in transit to school or school-sponsored activities.

Self-Administration of Anaphylactic Medication: 22-5-4.3 NMSA, per SB 275, (2004) allows students to carry and self-administer asthma medication. 6.12.2.9 NMAC (2005) requires schools (whether public or nonpublic) to grant to any student in grades K-12 authorization to carry and self-administer health care practitioner prescribed anaphylaxis emergency treatment medication if the following conditions are met: (a) the student has demonstrated the necessary skill level for self-administration, (b) there is a written treatment plan for anaphylaxis episodes of the student, (c) the student's parent or guardian has submitted to the school required documentation outlined in the statute. A school must allow the student to possess and use his/her medication while in school, at a school sponsored-activity, and during normal before- and after- school activities, and in transit to school or school-sponsored activities. A school must allow the student to possess and use his/her medication while in school, at a school sponsored-activity, and during normal before- and after- school activities, in transit to school or school-sponsored activities.

Psychotropic Medications: New Mexico does not have a state policy; however, the New Mexico Health Services Manual (2004) states that it is preferable that the Public Education Department (PED) licensed nurse administer all student medication, in accordance with the New Mexico Nurse Practice Act. Controlled substances (psychotropic medications) require special attention in the school district's policies.

Storage and Record-keeping: 1.20.2.101 NMAC (2002) requires that student health records must be retained for 10 years after the date of the last entry or until individual attains age 19, whichever is longer. FDA guidelines and national standards recommend that all controlled substances be stored in a double locked narcotic cabinet that is equipped with two separate locks.

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Counseling and Mental Health Services
     Last Updated: 8/14/2008

Requirement to Provide Services: No state policy.

32A-6-14 NMSA (1978) states that any child shall have the right, with or without parental consent, to consent to and receive individual psychotherapy, group psychotherapy, guidance, counseling or other forms of verbal therapy that does not include aversive stimuli or substantial deprivations.(this does not include electroconvulsive therapy or psychotropic medications).

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy. New Mexico complies with Title IV requirements. 6.30.2.19 NMAC (2000) details the Health Education Standards (1997, revised 2006) content standards with benchmarks and performance standards for health education, which include suicide prevention education for grades K-12.

HIV, STD, and Pregnancy Testing and Counseling: 24-1-9 NMSA (1978) states that any person regardless of age has the capacity to consent to an examination and treatment by a licensed physician for any sexually transmitted disease.

24-8-5 NMSA (1978) states that neither the statenor any health facility furnishing family planning services shall subject any person to any standard or requirement as a prerequisite for receipt of an requested family planning service(exceptions do not address age of client).

24-10-2 NMSA (1978) states that in case of emergency in which a minor is in need of immediate hospitalization, medication attention or surgery and the parents of the minor cannot be located for the purpose of consentingafter reasonable efforts have been made., consent can be given by any person standing in locus parent is to the minor.

Immunity of Liability: No state policy.

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Immunization
     Last Updated: 5/18/2011

Detailed, current information about immunization requirements by state is maintained by the National Network for Immunization Information.  Select your state from the drop down box under Search for State Vaccine Requirements for School Entry."

Exemptions: NMSA 24-5-3 (2005) allows for medical exemption if a licensed physician certifies that the physical condition of the child is such that immunization would seriously endanger the life or health of the child.  NMSA 24-5-3 (2005) allows for religious exemption under the following circumstances: (1) Submission of an affidavit or written affirmation from an officer of a recognized religious denomination stating that the child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing, or (2) Submission of affidavits or written affirmation from a child's parents or guardians indicating that their religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.

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Accommodation
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Staff with HIV
     Last Updated: 12/27/2011

6.12.2.10 NMAC (2005) requires local school boards, local school districts, and charter schools to implement a policy that will ensure that the rights to privacy of all school employees infected with HIV are protected.

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Students with HIV
     Last Updated: 11/19/2008

6.12.2.10 NMAC (2005) requires local school boards, local school districts, and charter schools to implement a policy that will ensure all students infected with HIV have appropriate access to public education and that their right to privacy are protected and to further ensure that the rights to privacy of all school employees infected with HIV are protected.

Pregnant or Parenting Students
     Last Updated: 1/29/2006

No state policy.

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Individual Health Plan for Students
     Last Updated: 12/11/2006

6.31.2.11 (2001) NMAC requires a statement of related services a child with an, “other health impairment” disability is receiving to be included in the individualized education plan.

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Coordination/ Implementation
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Coordinating or Advisory Councils
     Last Updated: 8/17/2008

State-level: No state policy.

Local-level: 6.12.6.8.E NMAC (2006) requires local school boards to establish and maintain school health advisory councils that consists of parent(s), school food authority personnel, school board member(s), school administrator(s), school staff; student(s); and community member(s). The school health advisory council shall have the responsibility to make recommendations to the local school board in the development or revision, implementation, and evaluation of the wellness policy consistent with this rule. The school health advisory council shall meet for this purpose a minimum of two times annually."

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School Health Program Coordinators
     Last Updated: 8/18/2008

State-level: No state policy.

Local-level: No state policy.

Confidentiality
     Last Updated: 8/21/2008

Student Health-Related Records: No state policy. New Mexico adheres to federal HIPA and FERPA requirements.

Student Health-Related Services: No state policy.

Limitations on Student Surveys
     Last Updated: 11/24/2008

New Mexico does not have a policy limiting the number of student surveys. However, state officials report that the Public Education and State Department of Health have a Memorandum of Understanding that limit the number of student surveys to one primary survey every other year and the possibility on a secondary survey in the off years.

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