As used in the Literacy For Children At Risk Act N.M. Stat. Ann. § 22-13-3.3 to 22-13-3.7:

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A. “child at risk” means a child who attends public school in New Mexico and whose reading, writing or math literacy level, as determined by his school district, falls in the forty-ninth percentile or lower; and

B. “department” means the state department of public education.