SCHOOL-AGE APPROPRIATE FILTERING PROJECT

SB0049

SENATE BILL 49

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

INTRODUCED BY

Anthony L. Thornton

AN ACT

RELATING TO PUBLIC SCHOOLS; CREATING THE SCHOOL AGE-APPROPRIATE
FILTERING AND EVALUATION PROJECT AS A THREE-YEAR PILOT PROJECT
IN THE PUBLIC EDUCATION DEPARTMENT; DEFINING TERMS; PROVIDING
FOR PROJECT REQUIREMENTS; PROVIDING FOR FINANCIAL GRANTS;
ASSIGNING DUTIES; MAKING AN APPROPRIATION.

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

SECTION 1.
A new section of the Public School Code is
enacted to read:

"[
NEW MATERIAL
] SCHOOL AGE-APPROPRIATE FILTERING AND
EVALUATION PROJECT CREATED.--

A. As used in this section:

(1) "age appropriateness" means, in regard to
language, violence, sexual content or mature themes in library
materials, suitability to the developmental and social maturity
of a particular age or age group of children based on
developing cognitive, emotional and behavioral capacity typical
for the age or age group and on local norms and expectations;

(2) "library materials" means printed, digital
or electronic books or other media available to students at
public schools but does not mean instructional material
included on the department's multiple list;

(3) "participant" means a school district or
charter school that applies and is selected by the department
for participation in the project;

(4) "project" means the school age-appropriate
filtering and evaluation project;

(5) "school district" includes charter
schools;

(6) "survey" means a questionnaire designed to
measure a parent's opinion about a participant's rating system
and rated library materials and to assess the parent's
likelihood of greater or continued engagement with the parent's
child's education, public school or school district and the
parent's trust in the education, public school or school
district; and

(7) "year" means a school year.

B. The "school age-appropriate filtering and
evaluation project" is created as a three-year pilot project in
the department to demonstrate that a voluntary rating system
for library materials will increase parent engagement and
preserve trust between parents and public schools and school
districts while protecting intellectual freedom and academic
integrity.

C. During each year of the project, twenty
different participants shall be selected and shall reflect the
geographic distribution of the state. Each participant shall
implement the project in at least one elementary school, one
high school and, if applicable, one junior high school;
provided that this requirement shall not apply to charter
schools or small or rural school districts with a combined
school.

D. A participant shall:

(1) adopt and implement a rating system for
library materials that is based on age appropriateness;

(2) after the participant's library materials
are rated in accordance with the adopted system, publish or
otherwise provide parents with a list of the rated library
materials and provide for a mechanism to receive parents'
feedback; and

(3) after the list of rated library materials
is published, provide a department-approved survey to all
parents at each of the public schools where the participant
implemented the project.

E. Each participant shall receive a twenty-five-thousand-dollar ($25,000) grant upon being selected and a
second twenty-five-thousand-dollar ($25,000) grant at the time
that the participant completes the survey stage of the project.

F. The department shall:

(1) on or before August 1, 2026:

(a) develop or adopt guidance or best
practices for rating systems that participants may use;

(b) develop or adopt a survey that each
participant shall use; and

(c) begin accepting applications from
prospective participants;

(2) on or before September 1, 2026, select
participants;

(3) on or before December 1, 2026, provide a
preliminary report to the legislative education study committee
regarding participants, projected time lines and projected
expenditures;

(4) on or before July 1 of each year of the
project, compile and analyze surveys from participants and
report available survey responses to the legislative education
study committee;

(5) on or before December 1, 2029, submit a
final report to the governor and the legislative education
study committee; and

(6) comply with all requirements pursuant to
Section 22-8-23.13 NMSA 1978."

SECTION 2.
APPROPRIATION.--

A. Three million two hundred ten thousand dollars
($3,210,000) is appropriated from the public education reform
fund to the public education department for expenditure in
fiscal years 2027 through 2029 to administer the school age-appropriate filtering and evaluation project; provided that in
a single fiscal year:

(1) no more than one million dollars
($1,000,000) may be expended on grants to participating school
districts or charter schools; and

(2) no more than seventy thousand dollars
($70,000) may be expended on administration.

B. Any unexpended balance remaining at the end of
fiscal year 2029 shall revert to the public education reform
fund.

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