New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 2 - DENIAL OF APPLICATIONS FOR LICENSES FOR SCHOOL PERSONNEL › Section 6.68.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Continuing
				education requirements" when used in regards to teachers means meeting the high
				objective uniform statewide standard of evaluation for the type and level of
				licensure for which an applicant has applied as set forth in 6.69.4.11 NMAC and
				required under Subsection B of
				22-10A-10
				NMSA or Subsection B of
				22-10A-11.3
				NMSA 1978, depending upon the license held. When used in regard to school
				administrators, the term means meeting the high objective uniform statewide
				standard of evaluation under Subsection E of
				22-10A-11
				NMSA 1978, or all of the requirements for provisional licensure for school
				principals in
				22-10A-11.3
				NMSA 1978, depending upon the license held.
B. "Criminal history" means convictions of
				any felonies or misdemeanors of moral turpitude, or other information
				concerning a person's arrests, indictments, other formal criminal charges and
				any dispositions arising therefrom, including convictions, dismissals,
				acquittals, sentencing and correctional supervision, collected by criminal
				justice agencies and stored in the computerized databases of the FBI, the
				national law enforcement telecommunications system, the New Mexico department
				of public safety (NMDPS), or the repositories of criminal history information
				of other states.
C. "Denial of
				application" means the PED's rejection of an individual's properly made
				application for initial or continuing licensure due to incompetency,
				immorality, failure to satisfy the PED's licensure requirements, failure to
				demonstrate the competencies required for the level of licensure sought, or for
				any other good and just cause including, but not limited to, any of the grounds
				set forth in this rule.
D. "Ex
				parte communications" means any oral, written or electronic communications
				between one party (or their attorney) and the hearing officer, or as between
				one party (or their attorney) and the secretary of the PED, (secretary), that
				occur out of the presence or without the consent of the opposing party (or
				their attorney). Communications included in this definition, in addition to
				direct communications, include indirect communications as where a party
				requests or suggests to a non-party to contact the hearing officer or the
				secretary on any matter and for any reason related to a pending licensure case
				where a notice of contemplated action has been served on an applicant for
				licensure pursuant to this rule. Ex parte communications also occur when
				individuals sympathetic to one party make oral, written or electronic
				communications to the hearing officer or the secretary that occur out of the
				presence or without the consent of the opposing party (or their attorney) in
				any matter and for any reason related to a pending licensure case where a
				notice has been served on an applicant for licensure pursuant to this
				rule.
E. "Licensure" means a
				license issued by the PED authorizing a person to teach, supervise an
				instructional program, counsel, provide special instructional services, coach,
				provide health care, administer medication, perform medical procedures, or
				administer in the public schools of the state. A certificate and license issued
				by the PED are one and the same.
F.
				"Properly made application" means an application for initial licensure or
				continuing licensure that has been filled out in full and for which all the
				required fees and documentation, including but not limited to background
				information and official transcripts, have been submitted. In addition, a
				properly made application means the applicant must have fulfilled all academic
				requirements for the type and level of licensure sought.
G. "Superintendent" means the chief licensed
				administrator of a public school district and in the case of a state agency or
				private school, the governing authority of that agency or private
				school.
H. "Transcript of the
				hearing" means a verbatim copy of the statements made by anyone during hearings
				held under 6.68.2.15 NMAC of this rule and the Uniform Licensing Act, NMSA
				1978,
				6-1-1
				et seq. (hereinafter, "ULA"). A transcript may be either stenographically
				recorded or tape recorded.