A. As used in this section:
(1) "eligible students" means students in kindergarten through grade six in a public school classified by the department as an elementary school; and
(2) "physical education" includes programs of education through which students participate in activities related to fitness education and assessment; active games and sports; and development of physical capabilities such as motor skills, strength and coordination.
B. Elementary physical education programs that serve eligible students are eligible for funding if those programs meet academic content and performance standards for elementary physical education programs.
C. In granting approval for funding of elementary physical education programs, the department shall provide that programs are first implemented in public schools that have the highest proportion of students most in need based on the percentage of students eligible for free or reduced-fee lunch or grade-level schools that serve an entire school district and in public schools with available space. If the department determines that an elementary physical education program is not meeting the academic content and performance standards for elementary physical education programs, the department shall notify the school district that the public school's failure to meet the academic content and performance standards will result in the cessation of funding for the following school year. The department shall compile the program results submitted by the school districts each year and make an annual report to the legislative education study committee and the legislature.
D. An elementary physical education program that receives state financial support shall:
(1) provide for the physical education needs of students defined in this section; and
(2) use teachers with a license endorsement for physical education. The department shall annually determine the programs and the consequent number of students in elementary physical education that will receive state financial support in accordance with funding available in each school year.
History: Laws 2007, ch. 348, § 3; 2017, ch. 65, § 2.
The 2017 amendment, effective June 16, 2017, removed the requirement that public schools submit an elementary physical education program plan to the public education department; in Subsection D, deleted "As they become eligible for elementary physical education program funding, public schools shall submit to the department their elementary physical education program plans that meet academic content and performance standards and other guidelines of the department. At a minimum, the plan shall include the elementary physical education program being taught and an evaluation component. To be eligible for state financial support, an elementary physical education program" and added "An elementary physical education program that receives state financial support"; and added the language from former Subsection E to Subsection D.
Structure New Mexico Statutes
Article 13 - Courses of Instruction and School Programs
Section 22-13-1 - Subject areas; minimum instructional areas required; accreditation.
Section 22-13-1.1 - Graduation requirements.
Section 22-13-1.2 - High school curricula and end-of-course tests; alignment.
Section 22-13-1.3 - Reading initiative; design.
Section 22-13-1.5 - Core curriculum framework; purpose; curriculum.
Section 22-13-1.6 - Uniform grade and subject curricula; professional department [development].
Section 22-13-1.7 - Elementary physical education.
Section 22-13-3 - Early childhood education programs required.
Section 22-13-3.2 - Full-day kindergarten programs.
Section 22-13-3.3 - Short title.
Section 22-13-3.5 - Definitions.
Section 22-13-3.6 - Literacy for children at risk fund created; administration of fund.
Section 22-13-3.7 - Disbursement of funds; approved projects.
Section 22-13-5 - Special education.
Section 22-13-6 - Special education; definitions.
Section 22-13-6.1 - Gifted children; determination.
Section 22-13-7 - Special education; responsibility.
Section 22-13-12 - Approved driver-education courses.
Section 22-13-13 - School lunch program.
Section 22-13-13.1 - Temporary provision; food and beverages sold outside of school meal programs.
Section 22-13-13.2 - Breakfast program required; waiver; distribution of funds.
Section 22-13-14 - Emergency drills; requirement.
Section 22-13-15 - Public school instruction; prohibition; penalty.
Section 22-13-16 - Private school programs; solicitations; permit; penalty.
Section 22-13-25 - Academic competitions.
Section 22-13-26 - Youth programs established.
Section 22-13-27 - Recompiled.
Section 22-13-28.1 - Repealed.
Section 22-13-28.2 - Repealed.
Section 22-13-29 - Middle and high school literacy initiative.
Section 22-13-30 - Vision screening.
Section 22-13-31.1 - Brain injury; protocols; training of coaches; brain injury education.
Section 22-13-32 - Intervention for students displaying characteristics of dyslexia.
Section 22-13-33 - Appointing a point of contact person for certain students.