reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish procedures for the
				  disenrollment of students who are not legally enrolled in
				  school.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule the following words, terms and phrases
				  shall have the meaning set forth in this paragraph:
A. "Administrative authority" means the local
				school district superintendent, a principal or the designee of such
				person.
B. "Disenrollment" means
				discontinuance of the student's attendance at school.
C. "Enrollment" means registration as a
				student on the rolls of the local school district.
D. "Invalid enrollment" refers to an enrolled
				student or a conditionally enrolled student who has not met the requirements of
				law for enrollment in school, either as to age, residence, immunization, or
				other reasons, or has not complied with conditional enrollment
				requirements.
E. "Mailed" means
				deposited in the mail or delivered for transmission by any other means of
				communication with postage or cost of transmission provided for and addressed
				to the latest address shown by school records.
F. "School" means public school.
G. "School day" means each day of the school
				year during which the membership of students is computed pursuant to the Public
				School Finance Act.
H. "Student"
				means a "qualified student" eligible to attend public school, as that term is
				defined in Section
				22-8-2,
				NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.8 - LIMITATION ON ENROLLMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Where a student is found to have an invalid enrollment the
				  student shall be disenrolled from school in accordance with the procedure set
				  forth in Section
				  6.10.4.9 NMAC
				  below.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.9 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
Where the administrative authority has reason to believe a
				  student is enrolled under an invalid enrollment the administrative authority
				  shall take the following action:
A.
				Preliminary notice of contemplated action of disenrollment. The administrative
				authority shall give a preliminary notice of contemplated action of
				disenrollment to the student, through his/her parent or guardian, of the
				contemplated disenrollment and the reasons therefore. The preliminary notice
				shall be in writing, and mailed to the student not later than ten (10) school
				days before the notice of disenrollment is to be mailed. The preliminary notice
				shall state that:
(1) the student has a right
				to respond, either in writing or in person, to the administrative authority
				before the date of the contemplated action of disenrollment, and
(2) the student may attempt to resolve the
				matter informally by presenting adequate evidence to the administrative
				authority to refute the alleged reasons for the contemplated action of
				disenrollment.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 5 - SCHOOL INSTRUCTIONAL TIME REQUIREMENTS › Section 6.10.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  22-2-8.1,
				  22-8-23.14,
				  22-13-1,
				  22-13-1.1,
				  22-13C-10, and
				  22-22-1 et seq. NMSA
				  1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 5 - SCHOOL INSTRUCTIONAL TIME REQUIREMENTS › Section 6.10.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 5 - SCHOOL INSTRUCTIONAL TIME REQUIREMENTS › Section 6.10.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes criteria for determining the length of
				  a school year and day, instructional hours for students, and professional work
				  hours for teachers; and for establishing a school calendar for the school
				  year.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 5 - SCHOOL INSTRUCTIONAL TIME REQUIREMENTS › Section 6.10.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"
Early college high school"
means a four-year high school that
				meets the qualifications outlined in
				6.30.13.9 NMAC.
B.
"Four-day calendar"
means a
				school calendar with all weeks having at most four instructional
				days.
C.
"Instructional
				day"
means a calendar day designated by the local board for
				instructional hours with students that meets the length of school day
				requirements in Subsection E of Section 8 of this rule. Two instructional days
				per year may be used for parent-teacher conferences.
D.
"Instructional hour"
is a
				period at school during which students receive instruction aligned to academic
				content and performance standards, except for those instructional hours
				designated as "professional work hours" according to Subsection J of Section 8
				of this rule, and may include:
(1) a school
				program set forth in Sections
				22-13-1 and
				22-13-1.1 NMSA 1978;
(2) enrichment programs that focus on problem
				solving and cognitive skills development;
(3) content that provides technical
				knowledge, skills, and competency-based applied learning;
(4) research- or evidence-based social,
				emotional, or academic interventions; and
(5) instruction that occurs at the same time
				breakfast is served or consumed in accordance with the breakfast after the bell
				program or federal requirements.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 5 - SCHOOL INSTRUCTIONAL TIME REQUIREMENTS › Section 6.10.5.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All students shall be in a minimum of 1,140 instructional
				  hours per school year, exclusive of lunch, lunch recess, and lunch passing
				  periods. Beginning in the 2024-2025 school year:
A. Secondary students shall attend a minimum
				of three and one-half instructional hours per instructional day, unless a
				secondary student provides evidence of participating for an equivalent amount
				of time in an apprenticeship, a work study program, a dual-credit program, in
				employment, in community service or other similar activities. Instructional
				hour requirements for students with individualized education programs (IEPs)
				shall follow the requirements of the IEPs.
B. All public schools that are not exempt
				shall have calendars with at least 180 instructional days.
C. Early college high schools shall be exempt
				from the minimum 180 instructional day requirement.
D. Reading, language arts is foundational to
				student achievement in core subject areas; school districts and charter schools
				will be exempt from the minimum 180 instructional day requirement if they meet
				certain proficiency and growth targets in reading, language arts as determined
				by the secretary.
E. The length of
				instructional days and school days shall be a minimum of five and one-half
				instructional hours per full day and a minimum of three and one-half
				instructional hours per half day. Instructional days shall be no longer than
				seven and one-half instructional hours.
F. Student lunch time shall be a minimum of
				30 minutes. Lunch recess and passing periods to and from lunch do not qualify
				as instructional hours.
G. Remote
				instruction may comprise no more than four instructional days, or 32 hours per
				school year, and at least fifty percent of remote instruction must be
				synchronous remote instruction, except for:
(1) hardships included in Subsection I of
				this section; or
(2) optional
				instructional programs, charter schools in accordance with the contract between
				the school and its chartering authority, or schools without attendance
				boundaries.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 5 - SCHOOL INSTRUCTIONAL TIME REQUIREMENTS › Section 6.10.5.9 - K-12 PLUS PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each school
				district or charter school with board-approved and PED-approved calendars
				longer than 180 school days for five-day school calendars and longer than 155
				school days for four-day school calendars shall be eligible to receive K-12
				plus program units for students in kindergarten through twelfth
				grade.
B. The number of K-12 plus
				program units for five-day calendars is determined by multiplying the
				membership in each eligible school by:
(1) the
				cost differential factor of 0.012 and then by the number of K-12 plus days
				between 181 and 190 days; and
(2)
				the cost differential factor of 0.016 and then by the number of K-12 plus days
				between 191 and 205 days.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to local school boards, local school
				  districts, and public schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Sections
				  22-2-1
				  and
				  22-21-2,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to define "legitimate educational
				  purposes" as required by Section
				  22-1-8,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Legitimate
				educational purposes" are defined as educational opportunities, services and/or
				information offered or provided by accredited educational entities,
				professional educational organizations, the armed forces of the United States
				or labor organizations defined in the New Mexico Public Employee Bargaining Act
				conducting lawful organization and collective bargaining activities.
B. "Personal identifying information" means
				the names, addresses, telephone numbers, social security numbers and other
				similar identifying information about students maintained by a public school or
				local school district.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 6 - PROHIBITION ON THE SALE OR USE OF LISTS IN DIRECT MARKETING; DEFINITION OF "LEGITIMATE EDUCATIONAL PURPOSES" › Section 6.10.6.8 - PROHIBITION

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall sell or use student, faculty or staff lists
				  with personal identifying information obtained from a public school or local
				  school district for the purpose of marketing goods or services directly to
				  students, faculty or staff or their families by means of telephone or mail. The
				  exceptions to this provision are when a parent or a student authorizes the
				  release of the students personal identifying information in writing to the
				  public school or local school district, or for "legitimate educational
				  purposes", as defined in Subsection A of Section
				  6.10.6.7 NMAC
				  above.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department, herein after the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
School districts, charter schools, state institutions, and
				  bureau of Indian education (BIE) schools, including virtual programs, that
				  administer standardized tests, as well as their employees or volunteers who
				  have access to those standardized tests.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2 and
				  22-2C-4 NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 27, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the roles, responsibilities, and
				  procedures required for the preparation, storing, handling, distribution,
				  security, and administration of standardized tests. The purpose of this rule is
				  to maintain standardization of procedures to ensure valid and reliable results,
				  equity of opportunity, and fairness to students.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"District
				or charter test coordinator"
or
"DTC"
means the licensed
				school instructor, counselor, student success advisor, or administrator in a
				school district, charter school, virtual program, state educational
				institution, or bureau of Indian education school (BIE) designated by the
				district superintendent, charter administrator, or governing authority of a
				state educational institution or BIE school with the overall responsibility
				for:
(1) handling, storing, and distributing
				standardized tests and test material, including student test tickets for online
				tests;
(2) recording standardized
				test distribution by booklet or answer sheet number;
(3) collecting and administering standardized
				tests;
(4) training school
				personnel in test security matters; and
(5) following proper test administration
				procedures.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.8 - RESPONSIBILITIES OF SUPERINTENDENTS AND CHARTER ADMINISTRATORS

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be the responsibility of each superintendent or
				  charter administrator to ensure that standardized tests are handled, stored,
				  prepared for, and administered in accordance with this rule and test manuals
				  provided by the department or testing vendors.
A. Superintendents and state charter
				administrators shall designate one DTC and may designate a secondary test
				coordinator for the purpose of delegating the duties necessary to comply with
				6.10.7 NMAC.
B. Test administration
				at district charters shall be the responsibility of the DTC designated by the
				district superintendent. District charters may submit documented requests to
				designate their own test coordinator. Requests shall be submitted to and
				approved by the superintendent at the start of the school year. Failure to meet
				any standardized test administration policies or practices will result in
				removal of the district charter test coordinator without appeal. Upon such
				determination, all test coordination responsibilities shall defer back to the
				authorizing district's test coordinator.
C. The designation of district, charter, and
				secondary test coordinators shall:
(1) be in
				writing; and
(2) identify the name,
				title, and contact information of the person(s) so delegated.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.9 - RESPONSIBILITIES OF DISTRICT OR CHARTER TEST COORDINATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The DTC shall attend all trainings
				indicated as mandatory by the department in their entirety. DTC attendance at
				mandatory trainings shall be subject to verification.
B. Once trained, the DTC shall provide
				training for all secondary test coordinators, school test coordinators, and all
				personnel involved in test administration, preparation, and security.
C. The DTC shall provide principals the same
				training as test administrators as well as additional training in the storing,
				handling, destruction, and administration of standardized test material.
				Assistant principals shall, at a minimum, be knowledgeable of the requirements
				for the administration of standardized tests set forth in Subsection C of
				6.10.7.12 NMAC.
D. The DTC shall inform all teachers,
				educational assistants, substitutes, volunteers, licensed and unlicensed office
				staff, and anyone else who is likely to come into contact with standardized
				testing material of the need to maintain strict standardized test security by:
(1) developing and disseminating handouts to
				these individuals;
(2) providing
				training to these individuals; and
(3) posting conspicuous signs near school
				copy machines prior to and during a standardized test that warn of department
				rules prohibiting the copying of any portion of a standardized test, including
				student responses and any other standardized testing
				material.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.10 - RESPONSIBILITIES OF SCHOOL TEST COORDINATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The school test coordinator(s) shall be
				trained by the DTC and shall provide training for all school personnel involved
				in test administration, preparation, and security, unless the DTC provides such
				training.
B. The school test
				coordinator(s) shall use the written district or charter policy or checklists
				and written procedures developed by the DTC to implement the procedures
				outlined in
				6.10.7.12
				NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.11 - RESPONSIBILITIES OF TEST ADMINISTRATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Test administrators shall be trained by
				the school test coordinator or the DTC.
B. Trainings shall inform test administrators
				of their duty to promptly report testing irregularities as soon as they are
				aware to the DTC.
C. Test
				administrators shall:
(1) review the
				standardized test administrator's manual so that administration procedures are
				understood;
(2) use test proctors
				stationed in the hallway to gather missing supplies or deal with medical
				situations;
(3) administer the
				standardized test according to the directions and specifications in the
				standardized test administrator's manual;
(4) only administer the standardized test
				during the designated test administration window;
(5) return the standardized tests to the
				school, district, or charter test coordinator after testing each day during the
				test administration window for secure overnight storage; and
(6) take immediate corrective action if a
				student is observed engaging in any prohibited conduct during a standardized
				test.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.12 - PROCEDURES FOR STANDARDIZED TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
All schools, including virtual programs, shall maintain a
				  chain of custody that identifies authorized staff members and tracks the
				  movement of secure test materials from one location to another.
A.
Storing and handling of standardized
				test material.
(1) Standardized test
				material, including student test tickets for online testing, shall be counted,
				inventoried, and stored in a secure, locked location with limited
				access.
(2) Space permitting,
				standardized test material shall be stored in sealed containers in a secure
				area.
(3) Standardized test
				materials, as directed by the department, shall be disposed of by either
				shredding or returning such materials to the test vendor.
(4) Virtual programs shall document a chain
				of custody that includes secure storage and handling of all test administration
				equipment and materials from the designated delivery of vendor materials to the
				designated testing locations of all students eligible for testing.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.13 - NONDISCLOSURE OF STANDARDIZED TEST MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All standardized tests in the NMSAP are
				the proprietary interest of the department and shall be safeguarded.
B. Any person permitted to review a
				standardized test that is part of the NMSAP or participating in a review
				associated with assessment development procedures shall sign a nondisclosure
				form offered by the department agreeing not to reveal any confidential
				materials, specific standardized test items, or specific concepts or skills to
				be measured on the standardized test to include verbal or written restatements
				of standardized test items, minor changes in settings or numbers, and specific
				vocabulary from standardized test directions or standardized test
				items.
C. Any person given
				permission to review an NMSAP assessment may only review the assessment on-site
				during department office hours with the supervision of a department employee,
				unless permission to follow alternative review procedures is granted by the
				department. No NMSAP assessment may be written on, marked, electronically
				copied, hand-duplicated, or otherwise removed from the premises of the
				department or a local education agency in possession of an NMSAP
				assessment.
D. Upon request, a
				person suspected of engaging in a testing irregularity shall be given as much
				access to an NMSAP assessment as is reasonably necessary to prepare for a
				pending meeting or hearing relating to the suspected testing irregularity. The
				original or copy of any NMSAP assessment used as evidence at any meeting or
				hearing shall also be subject to confidentiality by all attendees and
				participants.
E. With the
				permission of testing vendors, the department may choose to release select
				portions of standardized assessments for the purposes of training and
				professional development. Under no circumstance shall any part of a
				standardized test not previously released by the department be released by any
				unauthorized individual or organization.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.14 - REPORTING STANDARDIZED TESTING IRREGULARITIES

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure the integrity of standardized tests and their
				  results, the principles of test security shall be strictly followed.
				  Accordingly, material violations of this rule or breaches of test security
				  shall constitute good and just cause to suspend or revoke a person's department
				  licensure.
A. School personnel and
				proctors shall report suspected testing irregularities to the DTC within 24
				hours.
B. Districts and charters
				shall report by telephone or e-mail suspected testing irregularities to the
				department within three business days of being notified of a suspected testing
				irregularity.
C. The DTC shall
				submit a testing irregularity report within ten business days to the department
				assessment bureau that contains:
(1) the
				allegation(s);
(2) the findings
				from a completed investigation at the local level; and
(3) thecorrective action taken, if
				any.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 7 - STANDARDIZED TESTING PROCEDURES AND REQUIREMENTS › Section 6.10.7.15 - CORRECTIVE MEASURES FOR STANDARDIZED TESTING IRREGULARITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				reserves the right to investigate suspected testing irregularities and
				confiscate any materials deemed necessary to conclude the investigation at
				their discretion.
B. Any
				combination of the following corrective measures may be taken by the
				department:
(1) direct the district or
				charter or a named individual to cease and desist engaging in a particular
				testing irregularity or the administration of further standardized tests during
				the current school year;
(2) revoke
				access to standardized test materials to ensure test security;
(3) recommend any further action it deems
				reasonable and necessary to maintain test security;
(4) invalidate the standardized test results
				and inform the district or charter that the affected student will not receive
				scores on portions or all of a standardized assessment;
(5) refer the matter for possible suspension
				or revocation of a person's educator or administrator licensure or other
				department licensure pursuant to procedures set forth in 6.68.3 NMAC;
(6) refer the matter to other department
				divisions for appropriate action;
(7) take any other action authorized by state
				or federal law or regulation; or
(8) modify school, district, and charter
				accountability determinations.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department, hereinafter the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to public schools and public school
				  students.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is being promulgated pursuant to Sections
				  22-2-1,
				  22-2-2,
				  and
				  22-5-4.12
				  NMSA 1978 and
				  42 U.S.C.
				  11431 et seq., the McKinney-Vento
				  Homelessness Assistance Act.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 25, 2020, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide a comprehensive framework within which school
				  districts, local school boards, locally chartered charter schools,
				  state-chartered charter schools, and governing bodies of charter schools may
				  carry out their educational mission and exercise their authority and
				  responsibility to provide a safe environment for student learning and provide
				  students and parents with an understanding of the basic rights and requirements
				  necessary to effectively function in the educational
				  community.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Administrative authority"
means the school district
				superintendent, the head administrator of a state-chartered charter school, a
				principal, or their delegate to act officially in a matter involving school
				discipline or the maintenance of order. The term may include school security
				officers, but only to the extent of their authority as established under
				written local school board policies.
B.
"Child with a disability" or
				"student with a disability"
means a child who meets all requirements of
				34 CFR Sec. 300.8 and:
(1) is age three
				through 21 or who will turn age three at any time during the school
				year;
(2) has been evaluated in
				accordance with 34 CFR Secs. 300.304 through 300.311 and any additional
				requirements of these or other department rules and standards as having one or
				more of the disabilities specified in 34 CFR Sec. 300.8, including an
				intellectual disability; a hearing impairment, including deafness, speech or
				language impairment; a visual impairment, including blindness; emotional
				disturbance; orthopedic impairment; autism; traumatic brain injury; other
				health impairment; a specific learning disability; deaf-blindness; or being
				developmentally delayed as defined in Paragraph (4) of Subsection B of
				6.31.2.7 NMAC; and
				who has not received a high school diploma; and
(3) at the discretion of each local
				educational agency and subject to the additional requirements of Paragraph (2)
				of Subsection F of
				6.31.2.10
				NMAC, may include a child age three through nine who is evaluated as being
				developmentally delayed and who, because of that condition, needs special
				education and related services.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.9 - RULES OF CONDUCT FOR NEW MEXICO PUBLIC SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
The acts specified in Subsection A of 6.11.2.9 NMAC are
				  prohibited in all public schools in New Mexico. Within legal limits as defined
				  in Subsection L of
				  6.11.2.7 NMAC, local
				  school boards have discretion to develop rules of conduct governing all others
				  area of student and school activity.
A. Prohibited activities: The commission of
				or participation in the activities designated below is prohibited in all public
				schools and is prohibited for students whenever they are subject to school
				control. The following acts are prohibited by this rule:
(1) criminal or delinquent acts;
(2) committing, threatening to commit, or
				inciting others to commit or threaten to commit any act of violence, directly
				or indirectly, in person or through electronic means, against a public school,
				student, or school personnel or official;
(3) sexual harassment;
(4) disruptive conduct;
(5) refusal to identify self; and
(6) refusal to cooperate with school
				personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 11 - PUBLIC SCHOOL ADMINISTRATION - STUDENT RIGHTS AND RESPONSIBILITIES › Part 2 - RIGHTS AND RESPONSIBILITIES OF THE PUBLIC SCHOOLS AND PUBLIC SCHOOL STUDENTS › Section 6.11.2.11 - DISCIPLINARY REMOVALS OF STUDENTS WITH DISABILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General. The following rules shall apply
				when a student with a disability under IDEA violates a rule of conduct as set
				forth in this rule which may result in:
(1)
				long-term suspension or expulsion; or
(2) any other disciplinary change of the
				student's current educational placement as specified in the federal regulations
				implementing IDEA at 34 CFR Secs. 300.530 through 300.536 and these or other
				department rules and standards.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 2 - HEALTH SERVICES › Section 6.12.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to children attending public,
				  nonpublic, or home schools in New Mexico unless otherwise expressly
				  limited.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 2 - HEALTH SERVICES › Section 6.12.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Section
				  22-2-1
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 2 - HEALTH SERVICES › Section 6.12.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
11-15-05, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 2 - HEALTH SERVICES › Section 6.12.2.8 - REQUIREMENTS FOR IMMUNIZATION OF CHILDREN ATTENDING PUBLIC, NONPUBLIC, OR HOME SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following definitions apply to this section.
(1) "Active duty" means full-time duty status
				in the active uniformed service of the United States, including members of the
				national guard and reserve on active duty orders pursuant to
				10 U.S.C.
				Sections 1209 and
				1211.
(2) "Administrative authority" means the
				superintendent, principal or the designee of such person.
(3) "Children of military families" means
				children enrolled in kindergarten through twelfth grade in the household of an
				active duty member.
(4) "Public
				health division regulations" means those regulations adopted by the public
				health division of the department of health pursuant to the authority granted
				in Sections
				24-5-1
				to
				24-5-6, NMSA
				1978 and including the immunization schedule.
(5) "Licensed physician" means a physician
				licensed to practice medicine or osteopathic medicine in New Mexico, another
				state or territory.
(6) "Certified
				nurse practitioner" means an individual licensed as a certified nurse
				practitioner with prescriptive authority by the New Mexico board of nursing,
				another state or territory.
(7)
				"Required immunizations" means those immunizations against diseases deemed to
				be dangerous to the public health by the public health division and set forth
				in its immunization schedule effective at date of enrollment.
(8) "Satisfactory evidence of commencement
				and completion of immunization" means satisfactory evidence of a person having
				begun the process of immunizations in a statement, certificate or record signed
				by a duly licensed physician, certified nurse practitioner, or other recognized
				public or private health facility stating that the person has received at least
				the first in the series of required immunizations and is proceeding with the
				immunizations according to the prescribed schedule. Persons enrolling in
				schools who have begun the process of immunization shall have one month
				following the date of enrollment to complete the required immunizations and
				submit satisfactory evidence of completing the required immunizations or having
				continued the process of the required series.
(9) "Satisfactory evidence of immunization"
				means a statement, certificate or record signed by a duly licensed physician,
				certified nurse practitioner, or other recognized, licensed health facility
				stating that the required immunizations have been administered to the
				person.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 2 - HEALTH SERVICES › Section 6.12.2.9 - STUDENT'S RIGHT TO SELF ADMINISTER CERTAIN MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following definitions apply to this
				section.
(1) "Health care practitioner" means
				a person authorized under law in New Mexico to prescribe drugs for the
				treatment of asthma and anaphylaxis associated medical conditions.
(2) "Medication" means a drug as that term is
				defined in section 201 of the Federal Food, Drug, and Cosmetic Act (
				21 U.S.C.
				321 ) and includes inhaled bronchodilators,
				inhaled corticosteroids and auto-injectable epinephrine.
(3) "Self-administration" means a student's
				discretionary use of his or her prescribed asthma or anaphylaxis medication,
				pursuant to prescription or written direction from a health care
				practitioner.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 2 - HEALTH SERVICES › Section 6.12.2.10 - HUMAN IMMUNODEFICIENCY VIRUS (HIV)

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section applies to local school
				boards, local school districts, and charter schools and governs policies to be
				implemented by local school districts with regards to students and school
				employees infected with HIV, provides for appropriate curricula regarding HIV,
				and requires community involvement in the development of policies and the
				review of instructional materials.
B. Each school district shall implement a
				policy that will ensure that all students infected with HIV have appropriate
				access to public education and that their rights to privacy are protected and
				to further ensure that the rights to privacy of all school employees infected
				with HIV are protected.
C.
				Curricula:
(1) Each school district shall
				provide instruction about HIV and related issues in the curriculum of the
				required health education content area to all students in the elementary
				grades, in the middle/junior high school grades, and in the senior high school
				grades.
(2) Educational materials
				and grade levels of instruction shall be determined by the local school
				district and shall be appropriate to the age group being taught.
(3) The instructional program shall include,
				but not necessarily be limited to:
(a)
				definition of HIV and acquired immune deficiency syndrome (AIDS);
(b) the symptoms and prognosis of HIV and
				AIDS;
(c) how the virus is
				spread;
(d) how the virus is not
				spread;
(e) ways to reduce the
				risks of getting HIV/AIDS, stressing abstinence;
(f) societal implications for this
				disease;
(g) local resources for
				appropriate medical care; and
(h)
				ability to demonstrate refusal skills, overcome peer pressure, and use
				decision-making skills.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department, hereinafter the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to school districts, local school boards
				  and to state-chartered charter schools and governing bodies.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2 and
				  22-5-4.4 NMSA
				  1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 7, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to prohibit the use, possession
				  and distribution of commercial tobacco products, electronic tobacco delivery
				  devices, e-cigarettes and nicotine liquid containers, alcoholic beverages,
				  mood-altering substances and illicit drugs on school property and at off-campus
				  school-sponsored events by students, school personnel, and
				  visitors.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 4 - TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS › Section 6.12.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Administration"
means any person who has disciplinary and
				managerial authority to enforce school policies including but not limited to
				principals, vice-principals, and office personnel.
B.
"Alcoholic beverage"
means
				any beverage containing more than one-half percent alcohol by volume, and
				includes all distilled or rectified spirits, potable alcohol or any similar
				alcoholic beverages, including all fermented or blended beverages and dilutions
				or mixtures of one or more of these alcoholic beverages.
C.
"Charter school"
means a
				public school authorized by a chartering authority.
D.
"Commercial tobacco product":
(1) means any product containing, made of, or
				derived from tobacco or nicotine that is intended for human consumption or is
				likely to be consumed, whether inhaled, absorbed, or ingested by any other
				means, including but not limited to, a cigarette, a cigar, pipe tobacco,
				chewing tobacco, snuff, or snus;
(2) any electronic delivery device and any
				substances that may be aerosolized or vaporized by such device, whether or not
				the substance contains nicotine; or
(3) any component, part, or accessory of
				Paragraph (1) or Paragraph (2) of this subsection, whether or not any of these
				contain tobacco or nicotine, including but not limited to, filters, rolling
				papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes; and
(4) does not mean drugs, devices, or
				combination products authorized for sale by the U.S. Food and Drug
				Administration, as those terms are defined in the Federal Food, Drug, and
				Cosmetic Act.