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.

History: 1978 Comp., § 22-13-1, enacted by Laws 2003, ch. 153, § 57; 2005, ch. 315, § 9; 2007, ch. 307, § 7; 2007, ch. 308, § 7; 2009, ch. 267, § 1; 2014, ch. 9, § 2; 2016, ch. 17, § 1; 2016, ch. 18, § 1.

Repeals and reenactments. — Laws 2003, ch. 153, § 57 repeals former 22-13-1 NMSA 1978, as enacted by Laws 1967, ch. 16, § 180, and enacted a new section, effective April 4, 2003.

Compiler's notes. — Laws 2003, ch. 143, § 3, would have repealed Article 13 of Chapter 22 NMSA 1978 effective July 1, 2004. The repeal of Article 13 of Chapter 22 was contingent upon the adoption of an amendment to Article 12, Section 6 of the constitution which was approved at a special election held September 23, 2003. However, the repeal of Article 13 of Chapter 22 did not take effect, as prior to the July 1, 2004 effective date of the repeal of Article 13, Laws 2004, ch. 27, § 29, effective May 19, 2004, repealed Laws 2003, ch. 143, § 3.

The 2016 amendment, effective May 18, 2016, required the public education department to add lifesaving skills training to health education courses and directed the secretary of the public education department to promulgate rules to implement the training; in Subsection H, after "shall include", added the paragraph designation "(1)", and added new Paragraph (2).

Laws 2016, ch. 17, § 1 and Laws 2016, ch. 18, § 1, both effective May 18, 2016, enacted identical amendments to this section. The section was set out as amended by Laws 2016, ch. 18, § 1. See 12-1-8 NMSA 1978.

Applicability. — Laws 2016, ch. 17, § 4 and Laws 2016, ch. 18, § 4 provided that lifesaving skills training pursuant to Paragraph (2) of Subsection H of Section 22-13-1 NMSA 1978 and Paragraph (2) of Subsection K of Section 22-13-1.1 NMSA 1978 shall not be required for students in grades nine through twelve who are enrolled in a virtual charter school.

Temporary provisions. — Laws 2016, ch. 17, § 3 and Laws 2016, ch. 18, § 3 provided that by December 31, 2016, the secretary of public education shall adopt and promulgate rules to implement the provisions of Laws 2016, ch. 17, §§ 1 and 2, and Laws 2016, ch. 18, §§ 1 and 2.

The 2014 amendment, effective May 21, 2014, required all health education courses to include age-appropriate sexual abuse and assault awareness and prevention training that meets federal standards; and added Subsection H.

Applicability. — Laws 2014, ch. 9, § 4 provided that the provisions of Laws 2014, ch. 9, §§ 1 through 3 apply to the 2014-2015 school year and subsequent school years.

The 2009 amendment, effective June 19, 2009, in Subsection F, added the last sentence.

The 2007 amendment, effective July 1, 2007, amended Subsection C to require that first, second and third grade classes provide instruction that meets content and performance standards in science and social studies; and added Subsection E.

Laws 2007, ch. 307, § 7 and Laws 2007, ch. 308, § 7 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 308, § 7. See 12-1-8 NMSA 1978.

The 2005 amendment, effective April 7, 2005, added kindergarten in Subsection B and provided in Subsection B that students 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; provided in Subsection C that classes shall provide instruction that meets content and performance standards shall be provided in physical education and health education; added health education in Subsection D(13); and added Subsection F to provide that in ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education.