As used in the Literacy For Children At Risk Act [ 22-13-3.3 to 22-13-3.7 NMSA 1978]:
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.