N.M. Stat. § 22-13-3
Early childhood education programs required.
A. In accordance with state board [department] regulations, every local school
board shall establish and conduct early childhood education programs.
B. The state board [department] shall adopt and promulgate regulations providing
for:
(1)
minimum standards for the conduct of early childhood education
programs; and
(2)
qualifications of any person teaching in those programs.
C. The cost of operating early childhood education programs shall be included in the
budget prepared for the school district.
D. As used in this section, "early childhood education programs" means
kindergarten programs for every child who has attained his fifth birthday prior to
September 1 of the school year, except for those children who are eligible for and
participating in federal headstart programs in any class B county with a population in
excess of ninety-five thousand, established by a local school board for the development
or enrichment of persons within the school district.
E. The provisions of this section shall be effective with the 1988-89 school year, and
waivers may be granted upon the request of the parent or legal guardian pursuant to
Section 22-12-2 NMSA 1978.