New Mexico Statutes Chapter 22. Public Schools § 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 department shall adopt and promulgate regulations providing for:

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.