SB 148 — DIVERSITY COMMISSION

H.The governor, the speaker of the house of representatives and the president pro tempore of the senate shall jointly appoint, by unanimous agreement, the vice chair of the commission on diversity, equity and excellence in education, who shall be one of the four tribal leaders appointed to the commission.

ToIf carrythe outvice chair has not been appointed by July 1, 2021, the dutiesspeaker of the house of representatives and the president pro tempore of the senate shall make the appointment.»SFC SFCºG.»SFC SFCºH.»SFC All appointments to the commission on diversity, equity and excellence in education,education andh afterg consultationshall withbe othermade commissionwithin members,thirty days of the chaireffective maydate appointof subcommitteesthis ando mayt appointhr topicalsection, expertsand whothe arecommission notshall membershold ofits thefirst commissionmeeting toby serveg one thosei subcommittees.k September 1, 2021.

NoncommissionA membersvacancy mayon votethe oncommission motionsmay inbe thefilled subcommitteesh butr havei nos votingby privilegesappointment onby the commission.appointing authority.

I.h , t, e u g SFCº H.»SFC SFCºI.»SFC To carry out the duties of e b l e e h the commission on diversity, equity and excellence in n d d i = = o h education, and after consultation with other commission l ] b ,d i a º e r i = r members, the chair SFCº may»SFC SFCºshall»SFC appoint t e w d m a n o subcommittees and may appoint topical experts who are not d m :

Theb legislativee educationd studys committee,º theo legislativet financen committee= and.218634.4AIC theMarch department6, shall2021 provide(8:52am) staffs fork them commissione on- diversity,5 equity- ande excellencea inn education.e d r e l u [ A d members of the commission to serve on those subcommittees.

J.SFCº The chair shall appoint members who have expertise in each subcommittee issue area, including bilingual professionals, Indian education experts, English language learner specialists and experts, special education teachers and instructional support providers and students considered at risk by the Martinez and Yazzie v.

IfState fundsof areNew appropriatedMexico forlawsuit.»SFC theNoncommission commissionmembers onmay evote ton 17motions diversity, equity and excellence in education, public members w l n d 18 of the commission and its subcommittees arebut entitledhave tono pervoting =privileges =on 19 a l diem and mileage at the samecommission. rate as public employees pursuant i a e r 20 to the Per Diem and Mileage Act and shall receive no other a t m m 21 compensation, perquisite or allowance.

TheSFCº commissionI.»SFC maySFCºJ.»SFC alsoThe dlegislative reducation estudy 22committee, paythe forlegislative expertfinance witnessescommittee and otherthe necessarydepartment expensesshall approvedprovide cstaff efor sthe kcommission 23on bydiversity, theequity commission.and excellence in education.

SFCº J.»SFC SFCºK.»SFC If funds are appropriated for the commission on diversity, equity and excellence in education, public members of the commission and its h subcommittees are entitled to per diem and mileage at the same g o t hr rate as public employees pursuant to the Per Diem and Mileage g e ai nk bAct 24and K.shall receive no other compensation, perquisite or h r i s allowance.

The commission onmay diversity,also equitypay and u [ excellence in education is charged with developing a long-term .218634.4 - 5 - vision and plan with associated goals, action steps and accountability metrics that is student-centered for theexpert legislature,witnesses theh executive,, schoolt, districts,e publicu schoolsg and collegesother ofnecessary educationexpenses toapproved considerby methods and means to narrow the achievementcommission. gap and opportunity gap and to ensure public education students are prepared to meet the challenges of a changing national and global economy, prepared for post-secondary education and the workforce and prepared to be successful, civic-minded citizens in the twenty-first century.

e b l e e h SFCº K.»SFC SFCºL.»SFC The commission on n d d i = = o h diversity, equity and excellence in education is charged with l ] b ,d i a º e r i = r developing a long-term vision and plan with associated goals, t e w d m a n o action steps and accountability metrics that is student- d m :

b e d s º o t n = .218634.4AIC March 6, 2021 (8:52am) s k m e - 6 - e a n e d r e l u [ A d centered for the legislature, the executive, school districts, public schools and colleges of education to consider methods and means to narrow the achievement gap and opportunity gap and to ensure public education students are prepared to meet the challenges of a changing national and global economy, prepared for post-secondary education and the workforce and prepared to be successful, civic-minded citizens in the twenty-first century.

L.SFCº L.»SFC SFCºM.»SFC The commission on diversity, equity and excellence in education shall SFCº:

The(1)»SFC commission on diversity, equity and excellence in education shall review the decision and order, the findings of fact and conclusions of law, the final judgment issued by the first judicial district court and pleadings filed e t 17 after the February 2019 order in the Martinez and Yazzie v.

wh l n d 18 State of New Mexico lawsuit;

studyg high-performingo educationt =hr =SFCº 19(2) areview lplans systemsdeveloped internationally,by nationallyg ande ini Newk Mexicoresearchers, tostakeholders learnand ithe adepartment ein response to the h r 20i bests practices;lawsuit;

andh study, howt, thee department,u schoolg districts(3)»SFC astudy thigh-performing meducation me 21b andl publice schools are using state and federal funding to close d r e 22h thesystems achievementinternationally, gap,nationally addressand institutionalin racismNew andMexico improveto clearn en sd kd 23i student= learning= foro allh students.best practices;

and l ] b ,d i a º e r i = r SFCº (4)»SFC study how the department, school t e w d m a n bo 24districts M.and public schools are using state and federal d m :

Theb commissione ond diversity,s equityº ando t n = .218634.4AIC March 6, 2021 (8:52am) s k m e - 7 - e a n e d r e l u [ excellenceA shalld hearfunding fromto plaintiffsclose of the Martinezachievement gap, address institutional racism and .218634.4improve -student 6learning -for Yazzieall v.students.

SFCº M.»SFC SFCºN.»SFC The commission on diversity, equity and excellence shall hear from plaintiffs of the Martinez and Yazzie v.

N.SFCº N.»SFC SFCºO.»SFC The commission on diversity, equity and excellence may work with philanthropic and nonprofit organizations to accomplish its statutory purpose.

SFCº O.»SFC SFCºP.»SFC The commission on diversity, equity and excellence mayin workeducation withshall philanthropicmake findings and nonprofitrecommendations organizationsthat: to accomplish its statutory purpose.

O.h (1) ensure equitable access to high-quality g o t hr curriculum, instructional time, instruction and instructional g e i k resources to prepare all students for college, career and civic h r i s engagement, including ensuring students have access to h , t, e u g curriculum, instruction and instructional resources that are e b l e e h relevant to the cultures, languages, history and experiences of n d d i = = o h multi-ethnic student bodies;

Thel commission] onb diversity,,d equityi anda excellenceº ine education(2) shallensure makea findingsdiverse, culturally competent r i = r t e w d m a n o educator workforce that is well prepared, stable and recommendationsculturally that:d m :

(1)b ensuree equitabled accesss toº high-qualityo curriculum,t instructionaln time,= instruction.218634.4AIC andMarch instructional6, resources2021 to(8:52am) prepares allk studentsm fore college,- career8 and- civice engagement,a includingn ensuringe studentsd haver accesse tol curriculum,u instruction[ andA instructionald resources that are relevant to the cultures, languages, history and experienceslinguistically representative of epublic tschool 17students multi-ethnicin studentthe bodies;state;

w(3) lprovide nfor dculturally 18and (2)linguistically ensurerelevant awhole-child diverse,supports, culturallyincluding competentaccess =to =high-quality 19early achildhood lprograms, educatortrauma-informed workforceteaching thatpractices, iswraparound wellservices prepared, stable and culturallysupportive icommunity apartnerships, eintegrated rsocial 20 and linguisticallyemotional representativelearning ofand publicimproved schoolparent studentsand infamily aengagement, tfor mall mchildren; 21 the state;

dSFCº rand»SFC e(4) 22ensure (3)effective providecoordination for culturally and linguisticallycollaboration camong ethe smultiple kstate 23agencies relevantthat whole-childaffect supports,students including access to high-quality e a n b 24 early childhood programs, trauma-informed teaching practices, u [ wraparound services and supportivetheir communityfamilies; partnerships, .218634.4 - 7 - integrated social and emotional learning and improved parent and family engagement, for all children;

and (4) ensure effective coordination and collaboration among the multiple state agencies that affect students and their families;

and post-secondary educational institutions.institutions SFCº .»SFC SFCº;

P.and»SFC h SFCº(5) provide adequate funding for the u » r public school system, including the funding recommendations to t h g e l i support implementation of other recommendations of the h r i s commission.»SFC h , e h SFCºP.»SFC SFCºQ.»SFC On or before September 1, t u g e b l e e , gh 2022 and September 1 of each succeeding year, the commission on n d d i = = o h diversity, equity and excellence in education shall provide a l ] b ,d i a º r preliminary report of its findings and recommendations to the e r = t e w d m a n o governor, the legislative education study committee, the d m :

Onb orr beforee Septembert 1,º 2022o andt Septembern 1= of.218634.4AIC eachMarch succeeding6, year,2021 the(8:52am) commissions onk diversity,m equitye and- excellence9 in- educatione shall provide a preliminaryn reporte ofd itsr findingse andl recommendationsu to[ theA governor,d the legislative education study committee, the legislative finance committee and the legislature through filing the report with e t 17 the legislative library of the legislative council service.

wSFCº lQ.»SFC nSFCºR.»SFC dOn 18or Q.before June 30, 2025, the commission on diversity, equity and excellence in education shall provide its final report to the governor and the legislature and shall present its findings and recommendations to the legislative education study committee and the legislative finance committee." SECTION 2.

On[NEW orMATERIAL before] JuneCOMMISSION 30,FUND 2025,CREATED.--The the"commission commission on = = 19 a l diversity, equity and excellence in education shallfund" provideis itscreated ias a enonreverting rfund 20in final report to the governorstate andtreasury. the legislature and shall a t m m 21 present its findings and recommendations to the legislative d r e 22 education study committee and the legislative finance c e s k 23 committee." e a n b 24 SECTION 2.

[NEW MATERIAL] COMMISSION FUND CREATED.--The u [ "commission on diversity, equity and excellence in education .218634.4 - 8 - fund" is created as a nonreverting fund in the state treasury.

The fund shall be administered by the legislative education study committee and money in the fund is appropriated to the legislative education study committee to pay per diem h and mileage expenses of public members on the commission on g o t hr diversity, equity and excellence in education, expert witnesses g e i k and other necessary expenses of the commission.

Money from the h r i s fund shall be expended on warrant of the secretary of finance h , t, and administration in accordance with vouchers signed by the e u g e b l e e h director of the legislative education study committee or the n d d i = = o h director's authorized representative.

l ] b ,d i a º e SFCº SECTION 3.

APPROPRIATION.--Two hundred thousand dollarsr ($200,000)i is= appropriatedr fromt the public education reform fund to the commission on diversity, equity and excellence in education fund for expenditure in fiscal years 2022 through e tw 17d 2025m toa payn pero diemdollars and($200,000) mileageis expensesappropriated offrom the commissionpublic oneducation w l n d 18m diversity,: equity and excellence in education, expert witnesses = = 19 a l and other necessary expenses approved by the commission.

Anyb ie d s º o t n = .218634.4AIC March 6, 2021 (8:52am) s k m e - 10 - e a n e d r 20e unexpendedl oru unencumbered[ balanceA remainingd atreform fund to the endcommission ofon adiversity, tequity mand mexcellence 21in education fund for expenditure in fiscal yearyears through 2025 shallto revertpay toper diem and mileage expenses of the publiccommission educationon reformdiversity, dequity rand eexcellence 22in fund.education, expert witnesses and other necessary expenses approved by the commission.

cAny eunexpended sor kunencumbered 23balance remaining at the end of fiscal year 2025 shall revert to the public education reform fund.»SFC SECTION 4.SFCº4.»SFC SFCº3.»SFC SUNSET.--The commission on diversity, equity and excellence in education is terminated July 1, 2025 pursuant to the provisions of the Sunset Act.

SUNSET.--TheThe commission onshall diversity,continue equityto eoperate auntil n b 24 and excellence in education is terminated July 1, 20252026. pursuant u [ to the provisions of the Sunset Act.

The- commission11 shall- .218634.4h -u 9» -r continuet toh operateg untile Julyl 1,i 2026.h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

-b 10r - 4 6 8 10 12 14 16 e t 17º wo lt n d= 18.218634.4AIC =March =6, 192021 a(8:52am) ls ik am e re 20 a tn me m 21 d r e 22l c e s k 23 e a n b 24 u [ .218634.4A d