New Mexico 2023 Regular Session Status: Passed Senate 1 D cosponsors

SB 482 — STATE-TRIBAL EDUCATION COMPACT SCHOOLS ACT

Last action — Sent to House Education Committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

229 added · 130 removed

Plain-language change summary

The latest version of Bill SB 482 adds specific details about the relationship between state-tribal education compact schools and state regulations. It allows these schools to receive both state and federal funding, and it establishes employment preferences and admissions prioritization for tribal members. This change is significant because it recognizes the unique educational needs of tribal schools and ensures they have the necessary resources and support to operate effectively.

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SENATE BILL 482 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Benny Shendo, Jr.
SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 482 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 4 6 8 10 AN ACT RELATING TO PUBLIC EDUCATION;
6 8 10 AN ACT RELATING TO PUBLIC EDUCATION;
EXEMPTING STATE- w l n d 18 TRIBAL EDUCATION COMPACT SCHOOLS FROM MOST STATE STATUTES AND = = 19 a l RULES;
EXEMPTING STATE- w l n d 18 TRIBAL EDUCATION COMPACT SCHOOLS FROM CERTAIN STATE STATUTES = = 19 a l AND RULES;
ALLOWING STATE-TRIBAL i a e r 20 EDUCATION COMPACT SCHOOLS TO RECEIVE STATE AND FEDERAL FUNDING;
ALLOWING STATE- i a e r 20 TRIBAL EDUCATION COMPACT SCHOOLS TO RECEIVE STATE AND FEDERAL a t m m 21 FUNDING;
a t m m 21 ALLOWING FOR EMPLOYMENT PREFERENCES AND ADMISSIONS d r e 22 PRIORITIZATION.
ALLOWING FOR EMPLOYMENT PREFERENCES AND ADMISSIONS d r e 22 PRIORITIZATION;
c e s k 23 e a n b 24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
INCLUDING STATE-TRIBAL EDUCATION COMPACT c e s k 23 SCHOOLS IN THE PUBLIC SCHOOL CAPITAL OUTLAY ACT.
u [ SECTION 1.
e a n b 24 u [ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
A new section of the Public School Code is .223695.2 enacted to read:
.225724.3 SJC/SB 482 SECTION 1.
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "State-Tribal Education Compact Schools Act"." SECTION 2.
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "State-Tribal Education Compact Schools Act"." SECTION 2.
A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] AUTHORIZATION OF DEPARTMENT TO ENTER INTO STATE-TRIBAL EDUCATION COMPACTS--APPLICATION PROCESS AND CONTENTS--TRIBAL RESOLUTION--STATE-TRIBAL EDUCATION COMPACTS CONTENTS--RULEMAKING AUTHORITY.-- e t 17 A.
"[NEW MATERIAL] AUTHORIZATION OF DEPARTMENT TO ENTER INTO STATE-TRIBAL EDUCATION COMPACTS--APPLICATION PROCESS AND e t 17 CONTENTS--TRIBAL RESOLUTION--STATE-TRIBAL EDUCATION COMPACTS w l n d 18 CONTENTS--RULEMAKING AUTHORITY.-- = = 19 a l A.
The department is authorized to enter into w l n d 18 state-tribal education compacts for language- and culture-based = = 19 a l schools.
The department is authorized to enter into i a e r 20 state-tribal education compacts for language- and culture-based a t m m 21 schools.
i a e r 20 B.
d r e 22 B.
No later than six months after the effective a t m m 21 date of the State-Tribal Education Compact Schools Act, the d r e 22 department shall establish an application and approval process, c e s k 23 procedures and time lines for the negotiation between the e a n b 24 department and the Indian nation, tribe or pueblo, approval or u [ disapproval and execution of state-tribal education compacts.
No later than one year after the effective date c e s k 23 of the State-Tribal Education Compact Schools Act, the e a n b 24 department shall establish an application and approval process, u [ procedures and time lines for the negotiation between the .225724.3 - 2 - SJC/SB 482 department and the Indian nation, tribe or pueblo and approval or disapproval and execution of state-tribal education compacts.
.223695.2 - 2 - C.
C.
The process described in Subsection B of this section may be initiated by submission to the department of a resolution by:
The process described in Subsection B of this section may be initiated by submission to the department of a resolution by the governing body of an Indian nation, tribe or pueblo in the state of New Mexico.
(1) the governing body of an Indian nation, tribe or pueblo in the state of New Mexico;
or (2) the governing body of any of the schools in New Mexico that are currently funded by the federal bureau of Indian affairs, whether directly or through a contract or compact with an Indian nation, tribe or pueblo or a tribal consortium.
The resolution shall be accompanied by an application to create a state-tribal education compact school that indicates the grade or grades from pre-kindergarten through twelfth grade that will be offered at the state-tribal education compact school and that demonstrates that the school will operate in compliance with all applicable laws, any rules e t 17 adopted pursuant to the State-Tribal Education Compact Schools w l n d 18 Act and the terms and conditions set forth in the application.
The resolution shall be accompanied by an application to create a state-tribal education compact school that indicates the grade or grades from pre-kindergarten through twelfth grade that will be offered at the state-tribal education compact school and that demonstrates that the school will operate in compliance with all applicable laws, any rules adopted pursuant to the State-Tribal Education Compact Schools Act and the terms and conditions set forth in the application.
= = 19 a l Both the resolution and the application to create a state- i a e r 20 tribal education compact school shall be submitted to the a t m m 21 department.
Both the resolution and the application to create a state- e t 17 tribal education compact school shall be submitted to the w l n d 18 department.
d r e 22 E.
= = 19 E.
Within ninety days of receipt of a resolution c e s k 23 and application as provided in this section, the department e a n b 24 shall convene a government-to-government meeting for the u [ purpose of considering the resolution and application and .223695.2 - 3 - initiating negotiations between the department and the Indian nation, tribe or pueblo.
Within ninety days of receipt of a resolution a l i a e r 20 and application as provided in this section, the department a t m m 21 shall convene a government-to-government meeting for the d r e 22 purpose of considering the resolution and application and c e s k 23 initiating negotiations between the department and the Indian e a n b 24 nation, tribe or pueblo.
The department and the Indian nation, tribe or pueblo that is submitting the resolution and application to create a state-tribal education compact school shall determine the terms of the state-tribal education compact.
The department and the Indian nation, u [ tribe or pueblo that is submitting the resolution and .225724.3 - 3 - SJC/SB 482 application to create a state-tribal education compact school shall determine the terms of the state-tribal education compact.
and e t 17 (7) compact termination.
and (7) compact termination.
w l n d 18 G.
G.
The department shall promulgate rules for the = = 19 a l implementation of the State-Tribal Education Compact Schools i a e r 20 Act.
The department shall promulgate rules for the implementation of the State-Tribal Education Compact Schools e t 17 Act.
a t m m 21 H.
w l n d 18 H.
The department shall post each state-tribal d r e 22 education compact to the department's web page." c e s k 23 SECTION 4.
The department shall post each state-tribal = = 19 education compact to the department's web page." a l i a e r 20 SECTION 4.
A new section of the Public School Code is e a n b 24 enacted to read:
A new section of the Public School Code is a t m m 21 enacted to read:
u [ "[NEW MATERIAL] OPERATION OF STATE-TRIBAL EDUCATION .223695.2 - 4 - COMPACT SCHOOLS--EXEMPTION FROM STATE STATUTES AND RULES-- REQUIREMENTS FOR A STATE-TRIBAL EDUCATION COMPACT SCHOOL-- PROHIBITION OF SECTARIAN PRACTICES--ENROLLMENT AND SCHOOL CHOICE.-- A.
d r e 22 "[NEW MATERIAL] OPERATION OF STATE-TRIBAL EDUCATION c e s k 23 COMPACT SCHOOLS--EXEMPTION FROM CERTAIN STATE STATUTES AND e a n b 24 RULES--REQUIREMENTS FOR A STATE-TRIBAL EDUCATION COMPACT u [ SCHOOL--PROHIBITION OF SECTARIAN PRACTICES--ENROLLMENT AND .225724.3 - 4 - SJC/SB 482 SCHOOL CHOICE.-- A.
A state-tribal education compact is exempt from all state statutes and rules applicable to school districts, state-chartered charter schools, local school boards or governing bodies of charter schools, except for those statutes and rules made applicable pursuant to the State-Tribal Education Compact Schools Act and in the state-tribal education compact executed pursuant to Section 3 of that act.
A state-tribal education compact is exempt from all state statutes and rules applicable to school districts, state-chartered charter schools, local school boards or governing bodies of charter schools regarding the curriculum, assessment and evaluation requirements of a school, except for those statutes and rules made applicable pursuant to the State- Tribal Education Compact Schools Act and in the state-tribal education compact executed pursuant to Section 3 of that act.
Each state-tribal education compact school e t 17 shall:
Each state-tribal education compact school shall:
w l n d 18 (1) create a curriculum and conduct an = = 19 a l educational program that is controlled and evaluated by the i a e r 20 Indian nation, tribe or pueblo and is language and culture a t m m 21 based;
(1) create a curriculum and conduct an e t 17 educational program that is controlled and evaluated by the w l n d 18 Indian nation, tribe or pueblo and is language and culture = = 19 based;
d r e 22 (2) employ licensed school employees;
a l i a e r 20 (2) employ licensed school employees or a t m m 21 language proficient employees, as determined by the Indian d r e 22 nation, tribe or pueblo, who are seeking department licensure;
c e s k 23 (3) comply with the licensed school employee e a n b 24 background check as provided in Section 22-10A-5 NMSA 1978 and u [ comply with the provisions of Section 22-10A-5.2 NMSA 1978 and .223695.2 - 5 - the termination and notification provisions of Section 22-10A-22 NMSA 1978;
c e s k 23 (3) comply with the licensed school employee e a n b 24 background check as provided in Section 22-10A-5 NMSA 1978 and u [ comply with the provisions of Section 22-10A-5.2 NMSA 1978 and .225724.3 - 5 - SJC/SB 482 the termination and notification provisions of Section 22-10A-22 NMSA 1978;
A new section of the Public School Code is = = 19 a l enacted to read:
A new section of the Public School Code is = = 19 enacted to read:
i a e r 20 "[NEW MATERIAL] STATE-TRIBAL EDUCATION COMPACT SCHOOLS-- a t m m 21 TUITION CHARGE--ADMISSION--EXCEPTIONS TO ADMISSION.-- d r e 22 A.
a l i a e r 20 "[NEW MATERIAL] STATE-TRIBAL EDUCATION COMPACT SCHOOLS-- a t m m 21 TUITION CHARGE--ADMISSION--EXCEPTIONS TO ADMISSION.-- d r e 22 A.
A state-tribal education compact school shall .223695.2 - 6 - not deny admission on any basis other than age group, grade level or capacity and shall otherwise enroll all students who apply.
A state-tribal education compact school shall .225724.3 - 6 - SJC/SB 482 not deny admission on any basis other than age group, grade level or capacity and shall otherwise enroll all students who apply.
The e t 17 reporting requirements in this subsection are required for a w l n d 18 school to receive state or federal funding that is allocated = = 19 a l based on student enrollment and demographics.
The e t 17 reporting requirements in this subsection are required for a w l n d 18 school to receive state or federal funding that is allocated = = 19 based on student enrollment and demographics.
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i a e r 20 B.
a l i a e r 20 B.
Nothing in this section .223695.2 - 7 - requires a state-tribal education compact school to use the statewide salary minimums pursuant to the School Personnel Act.
A state-tribal education .225724.3 - 7 - SJC/SB 482 compact school shall use the statewide salary minimums pursuant to the School Personnel Act.
prioritizing the admission of tribal members = = 19 a l when the capacity of the school's programs or facilities are i a e r 20 not as large as demand." a t m m 21 SECTION 8.
prioritizing the admission of tribal members = = 19 when the capacity of the school's programs or facilities is not a l i a e r 20 as large as demand." a t m m 21 SECTION 8.
EFFECTIVE DATE.--The effective date of the d r e 22 provisions of this act is July 1, 2023.
A new section of the Public School Code is d r e 22 enacted to read:
c e s k 23 - 8 - e a n b 24 u [ .223695.2
c e s k 23 "[NEW MATERIAL] COMPLIANCE WITH THE OPEN MEETINGS ACT.-- e a n b 24 All actions, negotiations and business of the department and an u [ Indian nation, tribe or pueblo entering into a state-tribal .225724.3 - 8 - SJC/SB 482 education compact shall be conducted pursuant to the Open Meetings Act." SECTION 9.
Section 22-24-3 NMSA 1978 (being Laws 1975, Chapter 235, Section 3, as amended) is amended to read:
"22-24-3.
DEFINITIONS.--As used in the Public School Capital Outlay Act:
A.
"authority" means the public school facilities authority;
B.
"building system" means a set of interacting parts that makes up a single, nonportable or fixed component of a facility and that, together with other building systems, makes up an entire integrated facility or property, including roofing, electrical distribution, electronic communication, plumbing, lighting, mechanical, fire prevention, facility shell, interior finishes, heating, ventilation and air conditioning systems and school security systems, as defined by e t 17 the council;
w l n d 18 C.
"constitutional special schools" means the New = = 19 Mexico school for the blind and visually impaired and the New a l i a e r 20 Mexico school for the deaf;
a t m m 21 D.
"constitutional special schools support spaces" d r e 22 means all facilities necessary to support the constitutional c e s k 23 special schools' educational mission that are not included in e a n b 24 the constitutional special schools' educational adequacy u [ standards, including performing arts centers, facilities for .225724.3 - 9 - SJC/SB 482 athletic competition, school district administration and facility and vehicle maintenance;
E.
"council" means the public school capital outlay council;
F.
"education technology infrastructure" means the physical hardware and services used to interconnect students, teachers, school districts and school buildings necessary to support broadband connectivity and remote learning as determined by the council;
G.
"fund" means the public school capital outlay fund;
H.
"maximum allowable gross square foot per student" means a determination made by applying the established maximum allowable square foot guidelines for educational facilities based on type of school and number of students in the current published New Mexico public school adequacy e t 17 planning guide to the department's current year certified first w l n d 18 reporting date membership;
= = 19 I.
"replacement cost per square foot" means the a l i a e r 20 statewide cost per square foot as established by the council;
a t m m 21 J.
"school district" includes state-chartered d r e 22 charter schools, state-tribal education compact schools and the c e s k 23 constitutional special schools;
e a n b 24 K.
"school district population density" means the u [ population density on a per square mile basis of a school .225724.3 - 10 - SJC/SB 482 district as estimated by the authority based on the most current tract level population estimates published by the United States census bureau;
[and] L.
"school district population density factor" means zero when the school district population density is greater than fifty people per square mile, six-hundredths when the school district population density is greater than fifteen but less than fifty-one persons per square mile and twelve- hundredths when the school district population density is less than sixteen persons per square mile;
and M.
"state-tribal education compact schools" means schools established pursuant to the State-Tribal Education Compact Schools Act." SECTION 10.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
- 11 - e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225724.3
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The bill enacts the State-Tribal Education Compact Schools Act, establishing a framework for state-tribal education compacts and exempting these schools from certain state regulations.

  • [NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "State-Tribal Education Compact Schools Act."

    This section establishes the official title of the act.

  • [NEW MATERIAL] DEFINITION.--As used in the State-Tribal Education Compact Schools Act, "state-tribal education compact" means a compact that has been entered into by the department and an Indian nation, tribe or pueblo located wholly or partially in New Mexico.

    This section provides a definition for what constitutes a state-tribal education compact.

  • [NEW MATERIAL] AUTHORIZATION OF DEPARTMENT TO ENTER INTO STATE-TRIBAL EDUCATION COMPACTS--APPLICATION PROCESS AND CONTENTS--TRIBAL RESOLUTION--STATE-TRIBAL EDUCATION COMPACTS CONTENTS--RULEMAKING AUTHORITY.--

    This section authorizes the department to create state-tribal education compacts and outlines the application process.

  • [NEW MATERIAL] OPERATION OF STATE-TRIBAL EDUCATION COMPACT SCHOOLS--EXEMPTION FROM CERTAIN STATE STATUTES AND RULES--REQUIREMENTS FOR A STATE-TRIBAL EDUCATION COMPACT SCHOOL--PROHIBITION OF SECTARIAN PRACTICES--ENROLLMENT AND SCHOOL CHOICE.--

    This section lays out how state-tribal education compact schools will operate and what exemptions they have from certain regulations.

  • [NEW MATERIAL] STATE-TRIBAL EDUCATION COMPACT SCHOOLS--TUITION CHARGE--ADMISSION--EXCEPTIONS TO ADMISSION.--

    This section prohibits state-tribal education compact schools from charging tuition and sets rules for admissions.

  • [NEW MATERIAL] REPORTING REQUIREMENTS--SCHOOL FUNDING.--

    This section establishes reporting and funding requirements for state-tribal education compact schools.

  • [NEW MATERIAL] EMPLOYMENT PREFERENCE--ADMISSION PRIORITY.--Nothing in the State-Tribal Education Compact Schools Act prohibits schools established pursuant to that act from implementing a policy of preference to Indians in employment; or prioritizing the admission of tribal members when the capacity of the school's programs or facilities is not as large as demand.

    This section allows state-tribal education compact schools to prioritize tribal members for employment and admissions.

  • [NEW MATERIAL] COMPLIANCE WITH THE OPEN MEETINGS ACT.--All actions, negotiations and business of the department and an Indian nation, tribe or pueblo entering into a state-tribal education compact shall be conducted pursuant to the Open Meetings Act.

    This section mandates compliance with the Open Meetings Act for negotiations involving state-tribal education compacts.

  • Section 22-24-3 NMSA 1978

    [NEW MATERIAL] COMPLIANCE WITH THE OPEN MEETINGS ACT.--All actions, negotiations and business of the department and an Indian nation, tribe or pueblo entering into a state-tribal education compact shall be conducted pursuant to the Open Meetings Act.

    This specifies that the operations and agreements relating to state-tribal education compacts must adhere to open meeting laws.

Action History

  1. Sent to House Education Committee

  2. passed Senate

  3. DO NOT PASS, replaced with committee substitute

  4. DO PASS committee report adopted

  5. Sent to Senate Education Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 482?
SB 482 is sponsored by Benny Shendo, Jr. (Democrat).
What is the current status of SB 482?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 482?
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