N.M. Stat. § 22-13-1.7
Elementary physical education.
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.