2020 New Mexico Statutes
Chapter 22 - Public Schools
Article 23A - Indian Education
Section 22-23A-6 - Advisory council.

Universal Citation: NM Stat § 22-23A-6 (2020)

A. The "Indian education advisory council" is created and shall advise the secretaries of early childhood education and care and public education and the assistant secretaries for Native American early childhood education and care and for Indian education on implementation of the provisions of the Indian Education Act. The council consists of sixteen members as follows:

(1) four representatives from the Navajo Nation;

(2) two representatives, one from the Mescalero Apache Tribe and one from the Jicarilla Apache Nation;

(3) four representatives, two from the southern pueblos and two from the northern pueblos;

(4) three urban Indians representing urban areas, including Albuquerque, Gallup and Farmington; and

(5) three at-large representatives, one from the federal bureau of Indian affairs, one from a head start organization and one from the general public, at least one of whom shall be nontribal, but all of whom shall have knowledge of and involvement in the education of tribal students.

B. Members shall be appointed by the secretary with input from New Mexico tribes and organizations involved in the education of tribal students for staggered terms so that the terms of the at-large members and of one-half of each of the tribal representatives end on December 31, 2009 and the terms of the remaining members end on December 31, 2011. Thereafter, appointments shall be for terms of four years. The terms of existing members shall expire on June 15, 2007.

C. A majority of the members of the Indian education advisory council constitutes a quorum. The advisory council shall elect a chair from its membership.

D. On a semiannual basis, representatives from all New Mexico tribes, members of the commission, the office of the governor, the Indian affairs department, the legislature, the secretary, the assistant secretary and the Indian education advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to the education of tribal students.

E. Members of the Indian education advisory council may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

History: Laws 2003, ch. 151, § 6; 2007, ch. 295, § 5; 2007, ch. 296, § 5; 2019, ch. 48, § 15.

ANNOTATIONS

The 2019 amendment, effective July 1, 2020, required the Indian education advisory council to advise the secretaries of early childhood education and care and public education and the assistant secretaries for Native American early childhood education and care and for Indian education on the implementation of the provisions of the Indian Education Act; and in Subsection A, after "shall advise the", deleted "secretary" and added "secretaries of early childhood education and care and public education", and after "assistant", deleted "secretary" and added "secretaries for Native American early childhood education and care and for Indian education".

The 2007 amendment, effective June 15, 2007, required the council to advise the secretary and assistant secretary on implementation of the Indian Education Act; changed the number of members of the council to sixteen members; changed the number of urban Indian members to three; provided for three at-large representatives; and added Subsections B and C. Laws 2007, ch. 295, § 5 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 296, § 5. See 12-1-8 NMSA 1978.

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