A. To be eligible for state financial support, a fine arts education program shall: (1)     provide for the educational needs of students in the areas of visual arts, music, theater or dance;

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(2)     integrate the fine arts into the curriculum;

(3)     use certified school instructors to supervise those who are teaching the program if those persons do not hold valid teaching licenses in one or more of the disciplines included in fine arts education; and

(4)     require background checks in accordance with Section 22-10-3.3 N.M. Stat. Ann. [recompiled].

B. A fine arts education program shall meet each requirement of Subsection A of this section and be approved by the department of education [public education department] to be eligible for state financial support.