Department; additional duties; closing a school; consultations with tribal leaders and members and families of students.

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A. Whenever the department is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school.

B. Consultation shall include, among other actions, meetings in which the department explains:

(1) the reasons for closing the public school;

(2) the reasons why the department has not or cannot provide additional resources to keep the public school open;

(3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools;

(4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to:

(a) culturally and linguistically responsive school policies;

(b) rigorous and culturally meaningful curricula and instructional materials;

(c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar; and

(d) professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students;

(5) how the educational outcomes for the Indian students will be improved by attending another public school;

(6) plans for the public school buildings that will be left empty by the closure; and

(7) any other matters the department believes provide an adequate explanation of the reasons for closing the public school on tribal lands.

History: Laws 2019, ch. 174, § 1.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 174 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.


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