New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.16 - RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division
				will analyze each renewal application according to the criteria established by
				the commission and the act and will prepare a preliminary renewal analysis. The
				preliminary renewal analysis shall include the division's preliminary
				recommendation to the commission whether to renew, renew with conditions, or to
				not renew.
B. The school seeking to
				renew its charter as a state charter school may provide a written response to
				the preliminary renewal analysis within 10 days of receipt. If the division
				agrees with the school's response, the division will modify the final renewal
				analysis before submitting it to the commission and provide an updated analysis
				to the state charter school. If the division disagrees with the school's
				response in whole or in part, it will provide reasons why it disagrees with the
				school's response in its final renewal analysis and include the school's
				response in the division's final renewal analysis submitted to the
				commission.
C. No later than 30
				days prior to the renewal hearing, for each renewing school seeking to renew
				its charter as a state charter school, the commission shall identify in writing
				preliminary issues of concern, an indication of possible non-renewal if
				identified by the commission, and request for further information to allow the
				school to prepare for the renewal hearing.
D. The division will submit its final renewal
				analysis as described in this section to the commission by no later than 10
				days prior to the commission hearings on the renewal applications.
E. Unless a non-renewal hearing is requested
				as set forth below, for each renewing charter, the commission shall hold a
				renewal hearing according to an approved renewal process, allow public input,
				and allow oral presentations by the division and the school. The commission
				will then be allowed to ask questions of the division and the school related to
				the renewal application and oral presentations prior to making a decision
				regarding renewal.
F. If the
				division provides a recommendation of non-renewal, if the commission has
				indicated to the school that it may consider non-renewal, or if the record of
				performance contains sufficient grounds for non-renewal, the school may request
				to invoke the non-renewal hearing procedure described in Subsection G of this
				section. A state charter school's request for the commission to follow the
				non-renewal hearing procedure shall be provided to the commission chair and
				division director by no later than 10 days after issuance of the division's
				preliminary renewal analysis.
G. If
				the school seeking to renew its charter as a state charter school timely
				requests that the commission follow the non-renewal hearing procedure, the
				commission shall provide the school with the following minimum process before
				voting on the division's recommendation for nonrenewal.
(1) Upon receipt of the school's request for
				the commission to follow the non-renewal hearing procedure, the commission
				shall provide notice of the date and time of the possible non-renewal hearing
				no later than 10 days prior to the hearing, or indicate that the commission
				will utilize the same date and time set previously identified for a renewal
				hearing for the school. The full record of performance, renewal application,
				and analysis by the division will be considered as part of the record without
				further evidentiary foundation needed. Within five days, the chairperson of the
				commission, with counsel, shall meet with the parties and their counsel to
				confirm anticipated witnesses and documents to be presented, including how to
				address any newPublic Education Department (PED) information that the parties
				may wish to present, and to memorialize the anticipated witnesses, documents,
				process and timelines as established in the meeting.
(2) If the commission has indicated to the
				school that it may consider non-renewal, the division or commission counsel may
				rely on the grounds provided to the school in the record of performance, the
				reasons provided in the division's final renewal analysis that were previously
				disclosed to the school through the process contemplated under this rule, or in
				the written letter of concern from the commission provided to the school during
				the charter contract term.
(3) The
				non-renewal hearing shall be conducted as follows:
(a) If the commission has indicated to the
				school that it may consider non-renewal, the division will have one hour in
				total to present its recommendation and supporting evidence to the commission,
				which may be through its counsel or commission counsel. The presenting party
				may present witness testimony or documentary evidence, and shall have the
				opportunity to question the state charter school representatives in appearance,
				excluding legal counsel.
(b) The
				school, through counsel if it elects to have counsel, shall then have one hour
				in total to present evidence to defend its application for renewal. The school
				may present witness testimony or documentary evidence and shall have the
				opportunity to question division representatives or other representatives in
				appearance about information used to support a recommendation of
				nonrenewal.
(c) Commission members
				may ask questions of the division, its attorney or witnesses, and the school
				representatives and witnesses, during the presentations, which shall not be
				subtracted from the division's or school's time, and may take up to one hour
				after the school and division finish their presentations to ask additional
				questions that are related to the renewal applications and the previously
				identified reasons given for possible nonrenewal.