STUDENT ELIGIBILITY FOR EXTRACURRICULARS

SB0141

SENATE BILL 141

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

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING THE PUBLIC EDUCATION
DEPARTMENT TO DETERMINE STUDENT ELIGIBILITY FOR PARTICIPATION
IN EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES AND
INTERSCHOLASTIC COMPETITIONS; CLARIFYING THE PUBLIC EDUCATION
DEPARTMENT'S ABILITY TO AUTHORIZE AN ASSOCIATION OR
ORGANIZATION TO OTHERWISE REGULATE EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES AND INTERSCHOLASTIC COMPETITIONS; MAKING
CONFORMING AMENDMENTS.

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

SECTION 1.
Section 22-2-2 NMSA 1978 (being Laws 1967,
Chapter 16, Section 5, as amended) is amended to read:

"22-2-2. DEPARTMENT--GENERAL DUTIES.--The department
shall:

A. properly and uniformly enforce the provisions of
the Public School Code;

B. determine policy for the operation of all public
schools and vocational education programs in the state,
including vocational programs that are part of a juvenile
construction industries initiative for juveniles who are
committed to the custody of the children, youth and families
department;

C. supervise all schools and school officials
[
coming
] under [
its
]
the department's
jurisdiction [
including
taking over the control and management
]
and have the power to
suspend the powers and duties
of a public school or school
district that [
has failed
]
fails
to meet requirements of law or
department rules or standards and
take over the control and
management of the public school or school district
until [
such
time as
]
the
requirements of law, [
standards or rules
]
rules or
standards
have been met and compliance is ensured [
the powers
and duties of the local school board and local superintendent
shall be suspended
];

D. prescribe courses of instruction to be taught in
all public schools [
in the state
], requirements for graduation
and standards for all public schools, for private schools
seeking state accreditation and for the educational programs
conducted in state institutions other than the New Mexico
military institute;

E. provide technical assistance to local school
boards and school districts;

F. assess and evaluate public schools for
accreditation purposes to determine the adequacy of student
gain in standards-required subject matter, adequacy of student
activities, functional feasibility of public school and school
district organization, adequacy of staff preparation and other
matters [
bearing upon the
]
affecting student
education [
of the
students
];

G. assess and evaluate all state institutions and
[
those
] private schools that desire state accreditation;

H. enforce requirements for home schools
and
upon
finding that a home school is not in compliance with law, [
the
department may
]
determine whether to
order [
that a
]
the
student

to
attend a public school or a private school;

I. require periodic reports on [
forms
] prescribed
[
by it
]
forms
from all public schools and attendance reports
from private schools;

J. determine the qualifications for and issue
licenses to teachers, instructional support providers and
school administrators [
according to
]
as provided by
law and
[
according to
]
in accordance with
a system of classification
adopted [
and promulgated by rules of the
]
by
department
rule
;

K. deny, suspend or revoke a license [
according to
law
] for incompetency, moral turpitude or any other good and
just cause
as provided by law
;

[
L. approve or disapprove all rules promulgated by
an association or organization attempting to regulate a public
school activity and invalidate any rule in conflict with any
rule promulgated by the department. The department shall
require an association or organization attempting to regulate a
public school activity to comply with the provisions of the
Open Meetings Act and be subject to the inspection provisions
of the Public Records Act. The department may require
performance and financial audits of an association or
organization attempting to regulate a public school activity.
The department shall have no power or control over the rules or
the bylaws governing the administration of the internal
organization of the association or organization;

M. review decisions made by the governing board or
officials of an organization or association regulating a public
school activity, and any decision of the department shall be
final in respect thereto;
]

L. determine student eligibility for participation
in extracurricular and co-curricular activities and
interscholastic competitions; provided that the department may
authorize an association or organization to otherwise regulate
those activities and competitions only if the department:

(1) retains the power to approve or disapprove
the association's or organization's regulations for the
extracurricular or co-curricular activity or interscholastic
competition
and to invalidate a regulation that conflicts with
a department rule;

(2) has no power or control over the
association's or organization's rules and bylaws that govern
the internal administration and management of the association
or organization;

(3) retains the power to require a financial
audit of the association or organization; and

(4) requires the association or organization
to comply with the provisions of the Open Meetings Act and the
inspection provision of the Public Records Act;

[
N.
]
M.
require a public school under its
jurisdiction that sponsors athletic programs [
involving sports
]
to mandate that the participating [
student
]
students
obtain
catastrophic health and accident insurance coverage, such
coverage to be offered through the school and issued by an
insurance company duly licensed pursuant to [
the laws of New
Mexico
]
state law
;

[
O.
]
N.
establish and maintain regional centers, at
its discretion, [
for conducting
]
to conduct
cooperative
services between public schools and school districts within and
among those regions and [
for facilitating
]
to facilitate

regulation and evaluation of school programs;

[
P.
]
O.
approve education curricula and programs
offered [
in all
]
by
two-year public post-secondary educational
institutions [
except those in Chapter 21, Article 12 NMSA 1978
]
that lead to alternative licenses [
for degreed persons
]
pursuant to Section 22-10A-8 NMSA 1978 or [
licensure
]
licenses

for educational assistants,
not including education curricula
and programs offered by the New Mexico military institute
;

[
Q.
]
P.
withhold program approval from a college of
education or teacher preparation program that fails to offer a
course on teaching reading that:

(1) is based upon current scientifically based
reading research;

(2) aligns with department-adopted reading
standards;

(3) includes strategies and assessment
measures to ensure that beginning teachers are proficient in
teaching reading; and

(4) was designed [
after seeking
]
with
input
from experts in the education field;

[
R. annually
]
Q.
prior to December 1
of each year
,
prepare and publish a report on public and private education in
the state and distribute the report to the governor and the
legislature;

[
S.
]
R.
solicit input from local school boards and
school districts in the formulation and implementation of
department rules; and

[
T.
]
S.
report to the legislature or any of its
committees as requested and report
the
findings of any
educational research study made with public money to the
legislature through [
its
]
the
appropriate interim or standing
committees."

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