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Frequently Asked Questions about the New Mexico Public Education Department


  • Does New Mexico mandate after-school programs in all New Mexico public school districts?

New Mexico does not mandate the implementation of after-school programs in the public schools. However, after-school programs are included in some salutatory language. In Chapter 22, Article 13 of the New Mexico Statutes, the Public School Code addresses "Courses of Instruction and School Programs." Within that statute, 22-13-26 provides the following:

22-13-26. Youth programs established.

The children, youth and families department, the state department of public education [public education department], the department of health, the human services department and the labor department shall each contract for programs, subject to appropriations provided for that purpose, funded through a public-private partnership, for community-based after-school and other prevention programs and services for youth. Each department shall ensure, prior to contracting for services, that private matching funding is available and committed for the purpose of the contract.

In addition, Article 2D of Chapter 22 sets forth Family and Youth Resources. This provides that a "family and youth resources program" may be created in any public school in the state. The program can "establish partnerships between the school and community organizations such as civic, business and professional groups and organizations; and recreational, social and after-school programs such as boys' and girls' clubs and boy and girl scouts," among others.

Please be reminded that in New Mexico, under 22-5-4 NMSA, a local school board has the power to set the school district's budget, which is approved by the Public Education Department

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