As used in the School Library Material Act:

A. "additional student" means a student in the certified forty-day membership of the current year for a school district or state institution above the number certified in the forty-day membership of the prior year for the school district or state institution;

B. "bureau" means the instructional material bureau of the department;

C. "bureau of Indian education" means the bureau of Indian education of the United States department of the interior;

D. "fund" means the school library material fund;

E. "governmentally controlled school" means a bureau of Indian education school that is governmentally owned and controlled, is located in New Mexico, provides instruction for first through twelfth grades and is not sectarian or denominational;

F. "library material processing" means cataloging of school library material, including in electronic format, according to nationally accepted standards, and the application of bar code labels and call-number classification labels to the material;

G. "membership" means the total enrollment of qualified students on the fortieth day of the school year entitled to the free use of school library material pursuant to the School Library Material Act;

H. "qualified student" means a public school or governmentally controlled school student who:

(1) has not graduated from high school;

(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the department for public school students or by the bureau of Indian education for students enrolled in a governmentally controlled school; and

(3) in terms of age:

(a) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or

(b) is at least three years of age at any time during the school year and is receiving special education services pursuant to regulation of the department;

I. "school library material" means books and other educational media, including online reference and periodical databases, that are made available in a school library to students for circulation and use in the library; and

J. "school district" includes state-chartered charter schools.

History: Laws 2003, ch. 149, § 2; 2006, ch. 94, § 49; 2009, ch. 134, § 1.

Cross references. — For the transfer of powers and duties of the former department of education, see 9-24-15 NMSA 1978.

The 2009 amendment, effective June 19, 2009, added Subsection C; added Subsection E; in Subsection H, after "public school", added "or governmentally controlled school"; in Paragraph (2) of Subsection H, after "public school students", added "or by the bureau of Indian education for students enrolled in a governmentally controlled school"; and in Paragraph (3) of Subsection H, at the beginning of the sentence, added "in terms of age:".

The 2006 amendment, effective July 1, 2007, in Paragraphs (2) and (4) of Subsection F, changed "state board" to "department" and added Subsection H to define school district.