BILINGUAL MULTICULTURAL EDUCATION ACT CHANGES

HB0116

HOUSE BILL 116

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

E. Diane Torres-Velásquez

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE BILINGUAL
MULTICULTURAL EDUCATION ACT; REQUIRING ELIGIBLE PROGRAMS TO USE
A HOME OR HERITAGE LANGUAGE AS THE PRIMARY MEDIUM OF
INSTRUCTION OR TO USE A LANGUAGE REVITALIZATION INSTRUCTION
MODEL APPROVED BY THE PUBLIC EDUCATION DEPARTMENT; MAKING
CONFORMING AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 22-23-6 NMSA 1978 (being Laws 1973,
Chapter 285, Section 6, as amended) is amended to read:

"22-23-6. BILINGUAL MULTICULTURAL EDUCATION PROGRAMS--ELIGIBILITY FOR STATE FINANCIAL SUPPORT.--[
A.
] To be eligible
for state financial support, [
each
]
a
bilingual multicultural
education program shall
be approved by the department and
shall
:

[
(1)
]
A.
provide for the educational needs of
[
linguistically and
] culturally
and linguistically
different
students [
including Native American children and other students
who may wish to participate
]
and other bilingual learners
in
[
grades
] kindergarten through [
twelve, with
]
twelfth grade;
provided that the department shall give
priority [
to be given
]
to programs [
in grades
]
for culturally and linguistically
different students in
kindergarten through [
three, in a
district;

(2) fund programs for culturally and
linguistically different students in the state in grades
kindergarten through three for which there is an identifiable
need to improve the language capabilities of both English and
the home language of these students before funding programs at
higher grade levels;

(3) use two languages as mediums of
instruction for any part or all of the curriculum of the grade
levels within the program
]
third grade who have an identifiable
need to improve development of English and a home or heritage
language;

B. use:

(1) a home or heritage language as the primary
medium of instruction for part or all of the curriculum in each
grade included in the program; or

(2) a language revitalization instruction
model, which shall be a department-approved strategic framework
to revive and strengthen a heritage language that is at risk of
falling out of use;

[
(4)
]
C.
use teachers
or other personnel
who [
have
specialized
]
specialize
in elementary or secondary education
and [
who have received specialized training
] in bilingual
education [
conducted through the use of two languages. These
teachers or other trained personnel
]
who
shall administer
language proficiency assessments in both English and [
in
] the
home
or heritage
language until proficiency in each language is
achieved;

[
(5) emphasize
]
D. include instruction on
the
history and cultures associated with the [
students'
] home or
heritage
language
used in the program
;

[
(6)
]
E.
establish a parent advisory committee
that
is
representative of the language and culture of the students,
to assist and advise in the development, implementation and
evaluation of the [
bilingual multicultural education
] program;
and

[
(7) provide
]
F. include
procedures to [
ensure

that parental notification is given annually prior to bilingual
multicultural education program placement.

B. Each bilingual multicultural education program
shall meet each requirement of Subsection A of this section and
be approved by the department to be eligible for state
financial support
]
provide parents with adequate notice of the
parents' ability to place students in the program
."

- 4 -