New Mexico Register / Volume XXXVI, Issue 12
/ June 24, 2025
This is an amendment
to 6.35.2 NMAC, Sections 10, 11, 13, 14, and 15, effective June 24, 2025.
6.35.2.10 IMPLEMENTATION OF THE INDIAN
EDUCATION ACT:
A. The secretary and the assistant secretary shall:
(1) collaborate, in cooperation with the Indian education advisory council, state and federal departments and agencies, and tribal governments to identify ways such entities can assist the department in the implementation of the Indian Education Act; and
(2) convene semiannual government-to-government meetings for the purpose of receiving input on education of American Indian and Alaska Native students.
B. The assistant secretary shall:
(1) work to expand appropriate Indian education for American Indian and Alaska Native students in preschool through grade 20;
(2) coordinate with appropriate administrators and divisions to ensure that department administrators make implementation of the Indian Education Act a priority;
(3) in accordance with the rules of the department and after consulting with the Indian education advisory council and determining the resources available within the department:
(a) provide assistance, including advice on allocation of resources, to school districts and Indian nations, tribes, and pueblos to improve services to meet the educational needs of American Indian and Alaska Native students based on current published indigenous best practices in education;
(b) provide assistance to school districts and Indian nations, tribes, and pueblos in New Mexico in the planning, development, implementation, and evaluation of curricula in native languages, culture, and history designed for all students, including American Indian and Alaska Native students, as approved by Indian nations, tribes, and pueblos in New Mexico;
(c) develop or select for implementation a challenging, sequential, culturally relevant curriculum to provide instruction to American Indian and Alaska Native students in pre-kindergarten through sixth grade to prepare them for pre-advanced placement and advanced placement coursework in grades seven through 12;
(d) provide assistance to school districts, post-secondary institutions, and Indian nations, tribes, and pueblos in New Mexico to develop curricula and instructional materials in native languages, culture, and history in conjunction and by contract with native language practitioners and tribal elders, unless the use of written language is expressly prohibited by the Indian nation, tribe, or pueblo;
(e) conduct indigenous research and evaluation for effective curricula for American Indian and Alaska Native students;
(f) collaborate with the department to provide distance learning for American Indian and Alaska Native students in public schools to the maximum limits of the department's abilities;
(g) establish, support, and maintain an Indian education advisory council;
(h) enter into agreements with each Indian nation, tribe, or pueblo in New Mexico or its authorized educational entity to share programmatic information and to coordinate technical assistance for public schools that serve American Indian and Alaska Native students;
(i) seek funds to establish and maintain an Indian education office in the northwest corner of the state, or other geographical location, to: implement agreements with each Indian nation, tribe, or pueblo in New Mexico or its authorized educational entity; monitor the progress of American Indian and Alaska Native students; and coordinate technical assistance at the public pre-kindergarten to post-secondary institutions that serve American Indian and Alaska Native students;
(j) seek funds to establish, develop, and implement culturally relevant support services for the purposes of increasing the number of American Indian and Alaska Native teachers, administrators, and principals and providing continued professional development, including training in cultural competency, for educational assistants, teachers, and principals serving American Indian and Alaska Native students; in conjunction with the Indian education advisory council, the assistant secretary shall:
(i) support recruitment and retention of highly qualified teachers and administrators;
(ii) identify academic transition programs;
(iii) identify academic financial support;
(iv) support teacher preparation;
(v) support teacher induction; and
(vi) support professional development;
(k) develop curricula to provide instruction in tribal history and government and develop plans to implement these subjects into history and government courses in school districts throughout the state;
(l) ensure that native language bilingual programs are part of a school district's professional development plan, as provided in Section 22-10A-19.1 NMSA 1978;
(m) encourage participation in cultural competency training by educational assistants, teachers, and principals serving American Indian and Alaska Native students; and
(n) develop a plan to establish a post-secondary investment system for American Indian and Alaska Native students to which parents, Indian nations, tribes, pueblos, and the state may contribute.
(4) require school districts to obtain a signature of approval by the tribal governments in New Mexico or their government designees residing within school district boundaries, verifying that the Indian nations, tribes, or pueblos agree to Indian education policies and procedures pursuant to federal requirements.
(a) If
the district is unable to obtain the required signatures, the district [must]
shall submit a written, signed explanation of the reasons.
(b) Tribal governments declining to provide a signature of approval will be afforded the opportunity to submit a written, signed explanation of the reasons for the refusal.
(c) A tribal leader or authorized designee of an Indian nation, tribe, or pueblo that has students attending a school district’s schools may file a written complaint with the United States department of education regarding any action of the school district pursuant to, or relevant to, the school district’s Indian policies and procedures in accordance with Subpart G of 34 CFR Part 222.
[6.35.2.10 NMAC - Rp, 6.35.2.10 NMAC, 7/1/2020; A, 6/24/2025]
6.35.2.11 AMERICAN INDIAN/ALASKA NATIVE
STUDENT NEEDS ASSESSMENT:
A. Beginning in the 2020-2021 school year, a historically defined Indian impacted school district shall:
(1) by October 15, and every three years thereafter, conduct an American Indian/Alaska Native student needs assessment to determine what supports are needed in school, at home, and in the community to help American Indian and Alaska Native students succeed in school, graduate with a diploma of excellence, and be prepared to enter post-secondary education or the workplace;
(2) seek best practices for conducting an American Indian/Alaska Native student needs assessment that is appropriate for localized needs, to include school, home, and the community;
(3) conduct
a tribal consultation with [local] all Indian nations, tribes,
and pueblos [located within the school district boundaries] located
within the boundaries of the state of New Mexico whose students are enrolled in
the district to prioritize and address the needs identified in the American
Indian/Alaska Native student needs assessment;
(4) prioritize in its school district budget the needs of American Indian and Alaska Native students and closing the achievement gap between American Indian and Alaska Native students and all other student groups through the use of state and federal funding for American Indian and Alaska Native students, at-risk students, or economically disadvantaged students;
(5) apply for appropriate financial assistance, which may include state, federal, or private grants, to assist with meeting the requirements of 6.35.2.11 NMAC;
(6) develop an accountability tool, which shall be reevaluated annually, that measures the success or failure of a public school’s efforts pursuant to the systemic framework provided for in 6.35.2.12 NMAC;
(7) hold a public meeting with members of the district’s American Indian and Alaska Native students’ tribal leadership, parents, and the Indian education division at least twice during each school year, once by November 30 and once by April 30, to report on the American Indian/Alaska Native student needs assessment and the historically defined Indian impacted school district’s evaluation of progress; and
(8) conduct, submit to the department, and publish on its website an annual review on the evaluation of progress to determine if amendments are needed to the systemic framework or accountability tool.
B. A historically defined Indian impacted school district or an Indian nation, tribe, or pueblo may request amendments to the systemic framework or accountability tool as the result of the annual review on the evaluation of progress.
C. A historically defined Indian impacted school district shall reevaluate the American Indian/Alaska Native student needs assessment every three years, or more frequently if determined necessary because of a change in American Indian or Alaska Native student enrollment within the historically defined Indian impacted school district.
D. The American Indian/Alaska Native student needs assessment may be incorporated into a historically defined Indian impact school district’s existing school improvement structure.
E. Annually, the department shall:
(1) when approving school district budgets, consider whether a historically defined Indian impacted school district’s budget accomplishes the prioritized needs from the American Indian/Alaska Native student needs assessment; and
(2) require the historically defined Indian impacted school district to submit a written statement to the department, which will be published on the department’s website, detailing the ways in which the historically defined Indian impacted school district’s budget successfully met or failed to meet the prioritized needs from the most recent American Indian/Alaska Native student needs assessment. The historically defined Indian impacted school district shall also submit the written statement to any Indian nation, tribe, or pueblo located within the exterior boundaries of the historically defined Indian impacted school district. Prior to April 15 of each year, the historically defined Indian impacted school district shall submit to the department the written statement, along with its operating budget, for the ensuing fiscal year. The date for the submission of the written statement for each historically defined Indian impacted school district as required by this paragraph may be extended to a later date by the secretary.
[6.35.2.11 NMAC - N, 7/1/2020; A, 6/24/2025]
6.35.2.13 TRIBAL EDUCATION STATUS REPORT
(TESR):
A. [Beginning
in school year 2020-2021] Annually, by September 30, each school
district with tribal lands located within its boundaries shall provide an
annual districtwide tribal education status report to all Indian nations,
tribes, and pueblos located within the school district boundaries and to the
assistant secretary.
B. [Beginning in school year 2020-2021] Annually, by September 30,
each school district adjacent to tribal lands may provide an annual
districtwide tribal education status report to all Indian nations, tribes and
pueblos with tribal lands adjacent to the school district’s boundaries and to
the assistant secretary.
[C]
D. A report provided in
accordance with Subsections A, [or] B, or C, of this section
shall include the following information based upon data from the immediately
preceding school year:
(1) student achievement as measured by a statewide test approved by the department, with results disaggregated by ethnicity; any cell with an n-size of 9 or fewer shall be masked;
(2) school safety;
(3) the graduation rate;
(4) attendance;
(5) parent and community involvement;
(6) educational programs targeting American Indian or Alaska Native students;
(7) financial reports;
(8) current status of federal Indian education policies and procedures;
(9) school district initiatives to decrease the number of student dropouts and increase attendance;
(10) public school use of variable school calendars;
(11) school district consultations with district Indian education committees, school-site parent advisory councils, and tribal, municipal, and Indian organizations;
(12) indigenous research and evaluation measures and results for effective curricula for American Indian and Alaska Native students; and
(13) access to native language programs.
[D] E. The division shall submit a statewide
tribal education report to all New Mexico Indian nations, tribes, and pueblos
on or before November 15 of each year.
The report will incorporate data submitted to the assistant secretary in
accordance with Subsections A and B of this section and will further include
reports by organizational units within the department regarding activities they
are engaged in with Indian nations, tribes, and pueblos related to the
education of American Indian and Alaska Native students.
[6.35.2.13 NMAC - Rp, 6.35.2.11 NMAC, 7/1/2020; A, 6/24/2025]
6.35.2.14 AWARDS:
A. The fund shall consist of all appropriations, gifts, grants, donations, and income from investment of the fund.
B. Awards
from the fund shall be used to support and advance the [purposes] provisions
of the [act] Indian Education Act. Awards may include
allocation-based and competitive funding.
[E]
C. The recommendations of the advisory council, together with the
recommendations of the assistant secretary, shall be provided to the
secretary. The secretary shall make the
final determination of projects approved for grant awards.
[C. At
least annually, the department will establish and disseminate procedures for
submission of requests for information and applications for grants from the
fund, including the requirements that:
(1) requests
for information and applications identify the program and goal to be achieved
relevant to the act;
(2) requests
for information and applications describe how the program will be sustained
beyond the fiscal years being funded; and
(3) requests
for information and applications describe how the effectiveness of the programs
supported by the grant will be measured and reported to the department.]
D. The assistant secretary shall consult with the advisory committee regarding priorities for funding and the request for information and application process.
E. Allocation-based awards
to pueblos, tribes, and nations shall not revert. If allocation-based awards
are made available to school districts, charter schools, BIE schools, and
tribally controlled schools, then any unspent funds shall revert to the
division at the end of the fiscal year in which the grant was awarded, unless
otherwise prescribed in New Mexico state law.
[F. The grant agreements shall include provisions for periodic
expenditure reports to the division, including a final expenditure report, and
for reports measuring the effectiveness of the programs supported by the
grants.]
F. If allocation-based
awards are made available, then school districts, charter schools, BIE schools,
and tribally controlled schools seeking an allocation-based award from the fund
shall submit to the department applications that include information on the
goals to be achieved relative to the Indian Education Act, program
sustainability, and program evaluation measures. Applications shall be
submitted in the manner and time specified by the assistant secretary.
Allocation-based awards for school districts, charter schools, BIE schools, and
tribally controlled schools shall be determined by the assistant secretary.
[G. All activities shall be completed no later than June 30 of
the fiscal year for which the award is made available. Recipients shall submit requests for
reimbursement or invoices for accounts payable no later than July 7 following
the close of the fiscal year for which the award is made available.]
G. Allocation-based awards
to pueblos, tribes, and nations shall consist of a fixed award amount and an
amount dependent on the counts of students in pre-K-12
public schools from the 80-day reporting period of the previous year. Eighty
percent of allocation-based funds shall be reserved for fixed award amounts; twenty
percent of allocation-based funds shall be dependent on student counts.
Allocation-based awards shall include a factor for students with disabilities
and may include other factors as determined by the assistant secretary. Funding
will be made available no later than September 1 and shall not be on a
reimbursement basis. Pueblos, tribes, and nations shall submit to the
department an implementation plan that describes in detail how funds shall be spent
to improve educational outcomes for students in a manner consistent with the
Indian Education Act.
H. School districts,
charter schools, BIE schools, and tribally controlled schools receiving an
allocation-based award from the fund shall complete all grant activities no
later than June 30 of the fiscal year for which the award is made available,
unless otherwise prescribed in New Mexico state law.
I. The division may offer
competitive awards each fiscal year, subject to the availability of funds.
Pueblos, tribes, nations, school districts, charter schools, BIE schools,
tribally controlled schools, tribal colleges, and state universities may be
eligible for competitive awards. Competitive awards shall be on a reimbursement
basis. Any qualified entity seeking a competitive award from the division shall
submit to the department an application that includes information on the goals
to be achieved relative to the Indian Education Act, program sustainability,
and program evaluation measures. Applications shall be submitted in the manner
and time specified by the assistant secretary. Competitive awards shall include
a factor for students with disabilities and may include other factors as
determined by the assistant secretary. Pueblos, tribes, and nations that
receive a competitive award shall submit to the department an implementation
plan that describes in detail how funds shall be spent to improve educational
outcomes for students in a manner consistent with the Indian Education Act.
J. Unspent competitive award funds shall revert
to the division at the end of the fiscal year in which the grant was awarded,
unless otherwise prescribed in New Mexico state law.
K. Pueblos, tribes,
nations, school districts, charter schools, BIE schools, tribally controlled
schools, tribal colleges, and state universities that receive funding shall be
required to complete grant assurances, as determined by the assistant secretary.
Grant assurances shall include, but are not limited to, provisions of periodic
expenditure reports to the division, including those reports required under
Subsection K of this section, and provision of reports measuring the
effectiveness of the programs supported by the grants.
L. Pueblos, tribes, nations, school districts, charter
schools, BIE schools, and tribally controlled schools that receive award
funding will submit to the assistant secretary a mid-year report no later than
January 30 and a final report no later than June 30 of each year. The report
shall address efforts made by grantees to improve educational outcomes for
American Indian and Alaska Native students. The report shall meet the
guidelines set forth by the assistant secretary, consistent with the provisions
of the Indian Education Act.
[6.35.2.14 NMAC - Rp, 6.35.2.12 NMAC, 7/1/2020; A, 6/24/2025]
6.35.2.15 SEVERABILITY: In the event that any one or more
of the sections of this rule, in whole or in part, should be held to be
invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining sections of this rule shall not in any way be
affected or impaired.
[6.35.2.15 NMAC - N, 6/24/2025]