Summary:

 Senate Bill 13 (SB 13) enacts the State-Tribal Education Compact Schools Act (Act). The Act provides authorization to the Public Education Department to enter in state-tribal education compact school compacts, as well as specifying:
- an application process;
- rule making authority; 
- requirements for operation;
- exemptions from certain state statutes and rules;
- reporting requirements;
- allowing state and federal funding
- allowing for employment preferences and admissions prioritization;
- including State-tribal education compact schools in the Public School Capital Outlay Act.

 

Legislation Overview:

 Senate Bill13 (SB 13) SECTION 1 enacts a new section of Public School Code and provides that Sections 1 through 8 may be cited as the State-Tribal Education Compact Schools Act (Act).
SECTION 2 defines state-tribal education compact as used in the Act.
SECTION 3 provides a new section of Public School Code authorizing the department to enter into state-tribal education compacts and:
- directs the department shall establish application and approval process as specified;
- submission of a resolution by the governing body of an Indian nation, tribe or pueblo in the state of New Mexico; 
- an application to create a state-tribal education compact school that indicates the grade or grades that shall be offered and that demonstrates that the school shall operate in compliance with all applicable laws, any rules adopted pursuant to the provisions of the State-Tribal Education Compact Schools Act and the terms and conditions set forth in the application. Both the resolution and the application to create a state-tribal education compact school shall be submitted to the department; 
- within 90 days of receipt of a resolution and application, the department shall convene a government-to-government meeting for considering the resolution and application and initiating negotiations between the department and the Indian nation, tribe or pueblo. The department and the Indian nation, tribe or pueblo shall determine the terms of the state-tribal education compact;
- state-tribal education compacts shall have a term of five years and shall include the provisions specified in Subsection F; and
- the department shall post each state-tribal education compact to the department's web page.
SECTION 4 provides a new section of Public Schools Code providing for operation of state-tribal compact schools and exemption from certain state school choice, including exemption from state statutes and rules except for those statutes and rules made applicable pursuant to the Act and the state-tribal education compact. 
Subsection C provides each state-tribal education compact school shall:
(1) create a curriculum and conduct an educational program that is controlled and evaluated by the Indian nation, tribe or pueblo and is language and culture based; 
(2) employ licensed school employees or language-proficient employees, as determined by the Indian nation, tribe or pueblo; 
(3) comply with the licensed school employee criminal history record check as provided in Section 22-10A-5 STATUTES AND RULES--REQUIREMENTS FOR A STATE-TRIBAL EDUCATION COMPACT SCHOOL
Subsection D specifies that a state-tribal education compact school shall not engage in sectarian practices in the school's educational program, admissions or employment policies or operations. 
Subsection E provides that nothing in the Act may limit or restrict any enrollment or school choice options provided for by law.
SECTION 5 adds a new section of Public School Code specifying state-tribal education compact schools shall:
- not charge tuition; 
- not deny admission as specified in Subsection B;
- allow prioritization of tribal members and siblings of students who are already enrolled in the state-tribal education compact school. 
SECTION 6 adds a new section of Public School Code to provide reporting requirements and school funding a for state-tribal education compact school as follows:
- shall report student enrollment to the department as is required of school districts. The reporting requirements in this subsection are required for a school to receive state or federal funding that is allocated based on student enrollment and demographics.
- shall be funded as determined by the public school funding formula provided in the Public School Finance Act, including salary amounts as specified in Subsection B. A state-tribal education compact school is eligible to apply for state grants on the same basis as a school district. 
- shall retain money received by a state-tribal education compact school from any source that remains in the school's accounts at the end of any budget year for use by the school during subsequent fiscal years. 
SECTION 7 adds a new section of Public School Code to provide for employment preference to tribal members and to prioritize the admission of tribal members as specified.
SECTION 8 adds a new section of Public School Code regarding the Open Meeting Act: all actions, negotiations and business of the department and an Indian nation, tribe or pueblo entering into a state-tribal education compact shall be conducted pursuant to the provisions of the Open Meetings Act.
SECTION 9 amends definitions in the Public Schools Section 22-24-3 NMSA 1978 (being Laws 1975, Chapter 235, Section 3, as amended) as to insert state-tribal education compact schools in Subsection J. The definition of state-tribal education compact schools is inserted as Subsection M.
SECTION 10 makes the Act effective July 1, 2025.

 

Current Law:

 Public Schools Section 22-24-3 NMSA 1978 (being Laws 1975, Chapter 235, Section 3, as amended) does not not have any definitions that include state-tribal education compact schools.
 

Amendments:

 Senate Bill 13 is amended by the House Appropriations and Finance Committee (HAFC) as follows:
In Section 3, which authorizes the department to enter into state-tribal education compacts is amended in Subsection A to specify five pilot state-tribal education compacts.
Subsection B is inserted to specify that the eligibility requirements for each compact shall prioritize specific language groups, as follows:
Eligibility requirements for each state-tribal education compact application shall prioritize the distinct language groups of New Mexico, including Tiwa, Tewa, Towa, Keresan, Apache, Zuni and Dine.
In Section 6, which requires reports, has a new Subsection B inserted as follows:
B. Each state-tribal education compact school shall report its status and progress to the legislative education study committee and the legislative finance committee by November 1 of each year.
Section 6 is relettered.