Instructional Material Bureau Regulations & Policy
Instructional Material Law (22-15-1 to 22-15-14, NMSA 1978)
22-15-4. Bureau; duties.
Subject to the policies and regulations of the department, the bureau shall:
A. administer the provisions of the Instructional Material Law [22-15-1 NMSA 1978];
B. enforce rules for the handling, safekeeping and distribution of instructional material and instructional material funds and for inventory and accounting procedures to be followed by school districts, state institutions, private schools and adult basic education centers pursuant to the Instructional Material Law;
C. withdraw or withhold the privilege of participating in the free use of instructional material in case of any violation of or noncompliance with the provisions of the Instructional Material Law or any rules adopted pursuant to that law;
D. enforce rules relating to the use and operation of instructional material depositories in the instructional material distribution process; and
E. enforce rules that require local school boards to implement a process that ensures that parents and other community members are involved in the instructional material review process.
Instructional Material Law (22-15-7 B. C. NMSA 1978)
B. Instructional material shall be distributed to school districts, state institutions, private schools and adult basic education centers as agents for the benefit of students entitled to the free use of the instructional material.
C. Any school district, state institution, private school as agent or adult basic education center receiving instructional material pursuant to the Instructional Material Law [22-15-1 NMSA 1978] is responsible for distribution of the instructional material for use by eligible students and for the safekeeping of the instructional material
Instructional Material Law (22-15-8 B. C. NMSA 1978)
B. Pursuant to the provisions of the Instructional Material Law, each school district, state institution, private school as agent or adult basic education center may select instructional material for the use of its students from the multiple list adopted by the department. Local school boards shall give written notice to parents and other community members and shall invite parental involvement in the adoption process at the
district level. Local school boards shall also give public notice, which notice may include publication in a newspaper of general circulation in the school district.
Instructional Material Law (22-15-12 NMSA 1978)
As required in Public School Code, Annual Report requests that “annually, at a time specified by the Public Education Department, each local school board of a school district and each governing authority of a state institution, private school, or adult basic education center acquiring instructional material pursuant to the Instructional Material Law (22-15-1 to 22-15-14 NMSA 1978) shall file a report with the PED.”
Instructional Material Law (22-15-9 D, NMSA 1978):
Requires local school boards or local governing boards to provide textbooks to each student for each class that conforms to curriculum requirements and to also allow students to take those textbooks home. School districts and Charter schools are required to adopt a policy to allow students to have textbooks and to be able to take them home when necessary.
Instructional Material Law( 22-15-11, NMSA 1978):
Requires each school district, state institution, private school or adult basic education center to keep accurate records of all instructional material, including cost records, on forms and by procedures prescribed by the division.
Instructional Material Law( 22-15-14, NMSA 1978):
A. Annually, the department of education [public education department] shall submit a budget for the ensuing fiscal year to the department of finance and administration showing the expenditures for instructional material to be paid out of the instructional material fund, including reasonable transportation charges and emergency expenses.
B. Upon request, the department of education [public education department] shall make reports to the state board [department] concerning the administration and execution of the Instructional Material Law [22-15-1 NMSA 1978].
Regulation 126.96.36.199 D NMAC
Requires that districts/schools that have problems receiving their orders from the depositories on time and/or receiving free materials from publishers must contact IMB staff in writing (e-mail) to assist in receiving materials as contracted with the publishers.
Regulation 188.8.131.52 A NMAC
Requires districts to develop and implement a process for the selection of instructional materials and ensure that parents and other community members are involved.
Regulation 184.108.40.206 D NMAC
The department shall consider requests for waivers by the local superintendent for the use of funds allocated for the purpose of instructional material included on the multiple list.
INSTRUCTIONAL MATERIAL FUND WAIVER REQUEST PROCESS
The waiver request process was developed for districts to convert their instructional materials funds that have been allocated for the purchase of adopted core/basal instructional materials to be applied to the purchase of supplementary instructional materials that are or are not on the adopted multiple list. The approval of the request would allow districts to expend more than 50% of their total allocation on supplementary instructional materials. The deadline for an Instructional Material Fund Waiver request is January 1st of the school year.
The completed Instructional Material Fund Waiver Request Form (using the Waiver Request Form on the IMB web site) is submitted for approval to the New Mexico Public Education Department, Secretary of Education, Veronica Garcia, Ed.D., Jerry Apodaca Building, 300 Don Gaspar, Santa Fe, New Mexico 87501.
Regulation 220.127.116.11 J NMAC
Publishers are prohibited from conducting a pilot program in which schools receive free materials and professional development during the eighteen months previous to the official adoption of those materials
(August 1 for each cycle)
Regulation 18.104.22.168 NMAC
Responsibilities of Local School Boards or Governing Authorities, states that “Annually, at a time specified by the department, each local school board of a school district and each governing authority of a state institution, private school or adult basic education center acquiring instructional material pursuant to the Instructional Material Law [22-15-1 to 22-15-14 NMSA 1978] shall file a report with the department. The annual report shall include the total instructional material allocation received, the average per pupil cost, and year-end cash balances and other documentation as required by the department.”