Bilingual Multicultural Education Programs (BMEPs) Frequently Asked Questions (FAQs)

State-funded BMEPs goals are for all students, including English Learners (ELs), to:

• become bilingual and biliterate in English and a Second Language (ESL), including Spanish, a Native American language, where a written form exists and there is tribal approval, or another language; and
• meet the state academic content standards and benchmarks in all subject areas.

[Bilingual Multicultural Education Act, Chapter 22, Article 23 NMSA 1978]

A list of BMEPs in New Mexico and other specific information about BMEPs is available in the Bilingual Multicultural Education Annual Reports under the BMEP reports sections of this website.

To be eligible for state funding for your school’s proposed BMEP, districts and charter schools must:

• Contact the School Budget Bureau and mark YES on the New Membership form in the fall of the prior school year.
• Complete initial application in the spring of the preceding school year.
• Have an approved State BMEP Funding Application on file with the Language and Culture Division (LCD) before the upcoming school year
• Comply with Bilingual Multicultural Education Act, Chapter 22, Article 23 NMSA 1978 and 6.32.2 NMAC.

BMEP Funding is based on the number of participating students for one school year. The funding generated by the bilingual cost differential is included in the State Equalization Guarantee (SEG) Distribution the next school year. Funding for an initial state-funded BMEP is based on 40th day student membership from the current school year as reported to Nova.

An English and Native American language BMEP may be provided with approval from a nation, tribe or pueblo. Evidence of tribal consultation must be provided pursuant to Subsection C of Section 11-18-1 NMSA 2009, 22-23-1 NMSA 1978 and 6.32.2 NMAC. Public schools providing a Native American language program must obtain approval from tribal councils or from other appropriate tribal entities with authority to make educational decisions on behalf of Native American children.

A Memorandum of Understanding (MOU) may be used as evidence of tribal consultation. A MOU is a document that expresses mutual accord on an issue between two or more parties. The sovereignty of Nations, tribes and pueblos must be recognized and respected and is the basis for government-to-government relations.

A MOU is generally recognized as binding, even if no legal claim could be based on the rights and obligations laid down in them. To be legally operative, a MOU must:

• identify the contracting parties.
• spell out the subject matter of the agreement and its objectives.
• summarize the essential terms of the agreement; and
• must be signed by the contracting parties.

Yes. However, to apply for a BMEP for grades 6-8, the school must have a BMEP in grades K-3.

According to program eligibility requirements, per 6.32.2.10 NMAC, to be eligible for financial support a BMEP must fund programs for culturally and linguistically different students in the state in grades kindergarten through three for which there is an identifiable need to improve the language capabilities of both English and the home language of these students before funding programs at higher grade levels.

Therefore, state BMEP funding applications that are submitted for grades 4-12 will not approved if the district or school does not serve K-3 in a state-funded BMEP.

Yes. A PAC provides advocacy, guidance, and support for child-centered policies and practices affecting family, school, business, and community engagement to local and state decision-makers. According to 6.32.2.10 NMAC, program eligibility, to be eligible for financial support a BMEP must establish a PAC, representative of the language and culture of the students, to assist and advise in the development, implementation, and evaluation of the program. The PAC must be program-specific and therefore locally based at the school. A districtwide PAC does not meet statutory or regulatory requirements.

Yes, all students participating in state-funded BMEPs must be assessed annually until proficiency is reached. According to regulation, 6.32.2 NMAC, “trained personnel shall administer state-approved language proficiency assessments in English and the home language annually until proficiency in each language is achieved.”

All students, not just ELs, participating in state-funded BMEPs must be annually assessed in the home or heritage language. To remain complaint with 6.32.2 NMAC and continue to receive state BMEP funding, assessing the home language proficiency of students participating in a state-funded BMEP is required.

All state-funded BMEPs must assess students’ home or heritage language proficiency. Public schools providing a Native American language program must work with nations, tribes or pueblos to develop and administer a locally designed assessment.

The following are state-approved assessments for testing students for Spanish language proficiency:

State law, 22-23-4 NMSA 1978, and regulation, 6.32.2.10 NMAC, require the LCD to issue rules for the development and implementation of BMEPs, administer and enforce the provisions of the Bilingual Multicultural Education Act [22-23-1 NMSA 1978], and assist school boards in developing and evaluating BMEPs.

The purpose of an onsite monitoring visit is to review data reported to the LCD, interview district staff and parents, visit the classrooms of teachers teaching in a BMEP, and provide technical assistance. The goal of this targeted visit is to review key areas and observe the program of instruction in action, as described in the state BMEP funding application and district annual progress report.

There are resources available on the LCD website that may be used to prepare for an onsite review:

The Guidelines for Implementing BMEPs are found in state regulation at 6.32.2 NMAC. The 5 models, guidelines and definitions are:

1. Dual language immersion: designed to develop proficiency in two languages.
2. Enrichment: designed to further develop the home language, as defined in subsection G of section 22-23-2 NMSA 1978, of fully English proficient students.
3. Heritage language: designed to support and revitalize a student’s heritage language and culture through oral and written communication; for Native American languages that are oral only, the literacy component shall be measured only in the skill areas or domains of, listening, speaking, and comprehension.
4. Maintenance: designed to develop and maintain proficiency and literacy in the home language while developing a student’s literacy and oral skills in English.
5. Transitional: designed to develop skills in the home language and culture while developing continued skills and proficiency in English.

BMEP model(s) must align with students’ academic and language learning needs. Student performance on the home or heritage language proficiency assessment provides useful information about a student’s language strengths and areas of need. For ELs, the analysis of English language proficiency assessment data (i.e. ACCESS for ELLs, Alternate WIDA ACCESS, WIDA Model) and academic assessment (e.g. math, science, language arts, etc.), should be considered.

Additionally, in the selection of BMEP model(s) districts and schools must consider local community needs and concerns. Decisions about BMEPs are to be reached locally with community stakeholder input. It is important to remember that all BMEP models can be successful in delivering on the promise of bilingualism and biliteracy to the extent that BMEPs are intentionally designed for the students they serve and are well-implemented.

BMEP funds are based on the bilingual education cost differential in the funding formula generated by each district. The bilingual education units are largely determined by the full-time equivalent (FTE) factor, which is driven by the reported student membership across program intensity (number of hours).

The student membership counts reported into the Student-Teacher Accountability Reporting System (STARS) at the 80th and 120th day from the previous year are averaged. The average of the FTE is multiplied by the bilingual education program factor (which is 0.5) and the unit value, which may change annually. In 2024-2025, the final unit value was $6,553.73. The approximate amount of funding for a BMEP student is:

Note: The funding amount generated depends on program intensity (number of hours) and not on the BMEP model or home or heritage language of instruction.

The required instructional hours for BMEPs are dependent on both the BMEP model and students’ language classification. All students may participate in a state-funded BMEP including students classified as initial fluent English proficient (IFEPs), ELs and reclassified fluent English proficient (RFEPs). See the complete BMEP models chart on the BMEP Resources page of this website.

Yes, state BMEP funding is non-categorical and is provided through the State Equalization Guarantee (SEG). However, the purpose of the bilingual cost differential is to meet statutory goals of bilingualism/biliteracy and academic proficiency. Regulation, 6.32.2 NMAC, outlines the requirements for professional development, parent advisory committees, and ensuring program effectiveness.

Teachers that serve in state-funded BMEPs must meet the licensure requirements in 6.61.1-6.61.12 NMAC, and Native American language instructors must hold a Native American Language and Culture (NALC) certification. Additionally, teachers must hold the appropriate endorsement(s) for the instructional hour and content area that they teach in the BMEP.

The most commonly required endorsements (either alone or in combination) are listed below.

Please see the complete list of endorsements required to teach in a state-funded BMEP, please review the BMEP Endorsement Requirements that can be found under the BMEP Resources section of this website.

Note: a new district or charter school may apply for a waiver to request a teacher be permitted to temporarily teach outside their credentialed subject-area. For more information on BMEP waivers, please contact the Language and Culture Division.

For a complete list of requirements to teach in a state-funded BMEP.

The Public Education Department and the Language and Culture Division do not provide guidelines on teacher stipends. Stipends are within the purview of the local school district.

BMEP teachers of record must hold the required endorsements for the instructional hour. Co-teaching is defined as shared responsibility for jointly teaching within the same classroom. A BMEP instructional hour with co-teaching is not eligible for state BMEP funding.

However, BMEP teachers may team teach. Team teaching is a collaborative situation in which two or more teachers share responsibility for the content area instruction of a group of students. That is, one BMEP teacher may teach one instructional hour or content area and another BMEP teacher may teach another instructional hour or content area.

For example, a teacher that holds the required Native American Language and Culture (NALC) certification may teach the 1st hour of BMEP instruction/content area (language arts in the home or heritage language) and another teacher that holds the required TESOL endorsement may teach the 2nd hour of BMEP instruction/content area English as a Second Language (ESL)/English Language Development (ELD).

In the case of a dual language program, one teacher may teach the home or heritage language instructional hours/content areas, and another teacher may teach the English language instructional hours/content areas.

The requirements for obtaining a NALC certificate are outlined in 6.63.14 NMAC. Licenses, endorsements, and certificates are issued by the New Mexico Public Education Department Professional Licensure Bureau (PLB). For more information, please visit the PLB website: https://webnew.ped.state.nm.us/bureaus/languageandculture/

The NALC (520) certificate allows an instructor to teach a language with approval from a nation, tribe or pueblo. It is important to consider that a NALC certificate is not a teaching license or endorsement. Within a state-funded BMEP, a NALC certified instructor may only provide instruction in the 1st hour of instruction in language arts in the home or heritage language.

A licensed teacher may hold a NALC certificate. Elementary teachers that hold a NALC certificate may provide instruction in various content areas in the home or heritage language. Middle and high school teachers that hold a NALC certificate may provide instruction in language arts in the home or heritage language and in other content areas if they hold the corresponding content area endorsement.

For a complete list of endorsements required to teach in a state-funded BMEP, please review the BMEP Endorsement Requirements that can be found under the BMEP Resources section of this website.

Teachers, who are the teacher of record for a content area (Math, Social Studies, Science or Fine Arts) in a state-funded BMEP must hold:

• Secondary teaching license (K-8, 5-9 or 7-12, specialty K-12 as applicable to the grade level they will teach) and
• Bilingual endorsement or NALC certificate (as applicable to the language they will teach) and
• Content area endorsement (as applicable to the content area they will teach)

For a complete list of endorsements required to teach in a state-funded BMEP, please review the BMEP Endorsement Requirements that can be found under the BMEP Resources section of this website.

Yes. Districts and schools may choose state-funded BMEPs to meet the federal obligation to serve ELs. Basic programs or services for ELs may be delivered through a BMEP that is aligned with the Bilingual Multicultural Education Act and 6.32.2 NMAC. When BMEPs are research-based programs based on sound education theory that support the development of English language proficiency, students are set up to achieve and be successful.

In addition to receiving instruction in the home or heritage language within a BMEP, ELs must also be provided instruction in a dedicated block of time that is designed to ensure that they:

1. develop academic English, so that English language proficiency is achieved within a reasonable length of time; and
2. meet the state’s academic standards in all areas.

State-funded BMEPs must ensure the English language proficiency of ELs and provide instruction in ELD. The instruction provided in ELD/ESL must be distinct from English Language Arts (ELA). However, depending on the language proficiency of an EL, ELD instruction may be integrated with ELA.

Another way to think about how BMEPs serve ELs is to consider the theory of action for state-funded BMEPs as outlined below.

An IFEP student (formerly known as never ELL) is a student whose:

• language usage survey (LUS) indicated that there is no influence of languages other than English in the student’s home (Native English speaker); or
• language usage survey (LUS) indicated that there is influence of languages other than English in the student’s home AND who scored proficient on the English language proficiency screener (W-APT).

An RFEP student (formerly known as exited ELL) is a student who has reached proficiency (composite score of 5.0) on the annual English language proficiency assessment (ACCESS for ELLs 2.0) and is no longer classified as an EL.

For additional information on students’ language classification, consult the Serving ELs Technical Assistance Manual. For additional information on proficiency scores, consult page 9.

For additional information on identification of ELs, consult the LUS Handbook.

At the elementary level, the only eligible course code is 1062 ESL/ELD and the instruction provided must be distinct from ELA and address the developmental, linguistic, and academic needs of ELs.

At the secondary level, the two eligible course codes are 1062 ESL/ELD and 1063 ELA-ELD. An EL’s English language proficiency level must be considered when determining if an EL should be provided instruction in course code 1062 or 1063. The instruction provided in 1062 ESL/ELD must be distinct from ELA and address the ELD of ELs. Course code 1063 ELA-ELD includes ELD instruction integrated with ELA that addresses the developmental, linguistic, and academic needs of ELs. The 2016-2017 STARS reference manual course descriptions are below.

ELs participating in BMEPs must be provided at least one hour of language arts instruction in the home or heritage language and one hour of ESL/ELD. An EL that only receives ESL/ELD instruction (either as course code 1062 or course code 1063, 1064, 1065, 1066, 1067 ELA-ELD) may not be counted for BMEP funding since the EL student does not also receive the first prerequisite hour of instruction in the home or heritage language (which would make it a BMEP).

ELs that are served in a state-funded BMEP must receive a minimum of 2 hours of instruction to include:

• 1^st hour of instruction – language arts in the home or heritage language
• 2^nd hour of instruction – ESL/ELD or ELA-ELD; ELA-ELD instruction is only allowable at the middle and high school level.