reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 13 - EARLY COLLEGE HIGH SCHOOL › Section 6.30.13.12 - RENEWAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Once an
				ECHS has received initial approval from the department, the ECHS will not be
				required to submit a new application for the following year.
B. The department shall review the data
				listed in Subsection A of
				6.30.13.11 NMAC to determine
				continued compliance of the ECHS. Based on this review, the department will
				determine whether the ECHS will be renewed without further conditions for the
				following year, or if the ECHS will be designated as on probation for
				non-compliance.
C. If an ECHS is
				determined by the department to be unable to demonstrate full compliance, the
				department shall issue a notice of non-compliance.
D. The department shall notify the ECHS of
				their status, whether renewed or non-compliant, no later than August
				1.
E. Schools receiving a notice of
				non-compliance shall maintain their status as a department-approved ECHS and be
				placed on a one-year probation. Schools shall use the probation year to make
				any changes required to be in full compliance.
(1) Upon receipt of a notice of
				non-compliance from the department, schools shall submit an improvement plan
				addressing non-compliance issues to the department within 30 business
				days.
(2) The department shall
				offer technical assistance to schools during the implementation of the
				improvement plan.
(3) Schools may
				apply for an extension of their probationary period. The decision to grant or
				deny such extension shall be at the discretion of the department secretary or
				his or her designated authority.
(4) Schools granted an extended probation may
				be re-granted designation upon demonstrating compliance.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 13 - EARLY COLLEGE HIGH SCHOOL › Section 6.30.13.13 - WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A qualifying ECHS shall submit any waiver requests with
				  their initial application in the format requested by the department. Any waiver
				  granted shall remain in effect for the duration of the school's approval as a
				  department-approved ECHS. Schools that are non-renewed and not in their
				  probationary year shall have all active waivers terminated. Schools may request
				  waivers of, but not limited to, the following:
A. individual class load and teaching
				load;
B. length of school day in
				compliance with Section
				22-2-8 -1 NMSA
				1978;
C. staffing
				patterns;
D. subject
				areas;
E. purchase of instructional
				materials; and
F. course work
				requirements.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  and
				  22-32-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 10, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule provides criteria for the development and
				  implementation of the community schools act. Development and implementation
				  includes establishing a set of research- and evidence-based strategies and best
				  practices that support students and their families by making schools centers of
				  the community that reflect local needs, assets, and
				  priorities.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.8 - COMMUNITY SCHOOLS INITIATIVE AND COMMUNITY SCHOOL FRAMEWORK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The community
				schools initiative shall include:
(1) a lead
				partner agency;
(2) an annual asset
				mapping process conducted by the community school coordinator and informed by
				the site-based leadership team; and
(3) a community school framework.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.9 - COMMUNITY SCHOOL PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				duties of a community school coordinator, at a minimum, shall include:
(1) implementing the community school
				framework;
(2) leading the asset
				mapping process;
(3) facilitating
				communication between partners through a stakeholder and community-driven
				approach to problem solving;
(4)
				guiding data-informed continuous improvement;
(5) managing data collection for the
				community school;
(6) aligning,
				leveraging, and coordinating resources for student and family success;
				and
(7) collaborating with school
				site leadership and staff.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.10 - COMMUNITY SCHOOLS INITIATIVES GRANT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligible applicants may apply for funding
				to implement the community schools initiative.
B. A school district is responsible for any
				indirect costs associated with the establishment and implementation of a
				community school within the school district.
C. An eligible applicant that receives funds
				to transform a public school into a community school shall:
(1) use a rigorous, transparent, equitable,
				and evidence-based evaluation system to measure the effectiveness of the
				implementation of the community schools initiative;
(2) provide ongoing, high-quality
				professional development for staff that:
(a)
				aligns with the community school's core instructional program;
(b) facilitates and supports effective
				teaching and learning; and
(c)
				supports the implementation of school reform strategies and evidence-based
				interventions, programs, and practices;
(3) give the community school sufficient
				operational flexibility in evidence-based programming, curriculum, staffing,
				budgeting, and scheduling to implement a comprehensive community school
				framework focused on improving:
(a) community
				school culture and climate;
(b)
				student academic achievement;
(c)
				student attendance;
(d) student
				behavior, including through the provision of positive discipline practices,
				restorative practices, and other positive behavioral supports and interventions
				for students;
(e) quality family
				engagement; and
(f) for high
				schools, graduation rates and readiness for college or career;
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.11 - GRANT APPLICATION REQUIREMENTS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department is authorized to provide
				planning, implementation, and renewal grants to eligible applicants for the
				creation of a community schools initiative. The department shall prioritize
				awards for schools identified as needing comprehensive support and improvement
				and targeted support and improvement under the Every Student Succeeds
				Act.
B. Planning grants are a
				one-year, one-time award of up to $50,000 for each eligible public school,
				which shall use the grant to:
(1) conduct an
				initial school and community asset map;
(2) identify community supports and services
				through asset mapping; and
(3)
				establish a site-based leadership team.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.12 - DATA COLLECTION AND SUBMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 calendar days after the state
				fiscal year ends, awardees of an implementation grant shall submit data to the
				department in the format required by the department.
B. Uniform data collections measures and
				instruments are required to meet department guidelines.
C. Awardees are required to collect and
				submit data to the department in the following focus areas:
(1) community school culture and
				climate;
(2) student academic
				achievement;
(3) student
				attendance;
(4) student
				behavior;
(5) quality family
				engagement; and
(6) for high
				schools, graduation rates and readiness for college or career.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 15 - COMMUNITY SCHOOLS › Section 6.30.15.13 - COALITION FOR COMMUNITY SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department shall appoint a coalition for community schools that is a
				statewide coalition of community school stakeholders, which shall include:
(1) local community school content experts
				representing the northern, central and southern regions of the state;
(2) culturally and linguistically responsive
				content experts;
(3) tribal leaders
				representing the nations and pueblos of New Mexico;
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.1 - 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 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all school districts and
				  state-chartered charter schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-2,
				  and
				  22-13-32
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 14, 2020, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule provides criteria for improving literacy outcomes
				  for all students through the development and implementation of structured
				  literacy instruction and structured literacy interventions for students
				  displaying difficulties in reading or characteristics of dyslexia, leading to a
				  higher number of students achieving reading proficiency.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department-approved screener"
means a tool, approved by the
				department, used to identify characteristics of dyslexia.
B.
"First standardized reporting
				date"
means the 40th day count, or the second Wednesday of
				October.
C.
"Licensed and
				accredited or credentialed teacher preparation provider"
means a
				licensed and accredited professional development provider who specializes in
				providing evidence-based training in structured literacy.
D.
"Multi-layered system of
				supports"
means a coordinated and comprehensive framework that uses
				increasingly intensive evidence-based academic and behavioral supports that
				address student needs as evidenced by student data.
E.
"Student assistance team"
or
"SAT"
means the student assistance team, which is a school-based
				group of people whose purpose is to provide additional educational support to
				students who are experiencing difficulties that are preventing them from
				benefiting from general education.
F.
"Structured literacy"
means
				systematic, cumulative, explicit, diagnostic, and multisensory instruction that
				includes deep content knowledge and specific teaching expertise that focuses on
				the elements of phonological awareness, word recognition, phonics and decoding,
				spelling, and syntax at the sentence and paragraph levels for the prevention of
				reading deficits.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.8 - PARENT OR LEGAL GUARDIAN NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
At the beginning of a school year, school districts and
				  charter schools shall notify parents or legal guardians that entering first
				  grade students shall be screened for characteristics of dyslexia. If a student
				  is determined to display characteristics of dyslexia per the
				  department-approved screener, school districts and charter schools shall notify
				  parents of the results of the screening and the structured literacy
				  interventions that are taking place in response to the results. School
				  districts and charter schools shall decide the method by which to inform
				  parents or legal guardians of the results and interventions.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.9 - REQUIREMENTS FOR SCREENING, EVALUATION, AND INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Using a department-approved screener,
				elementary schools shall screen all entering first grade students, in
				accordance with PED guidance, for dyslexia by the first standardized reporting
				date.
B. A student whose screening
				demonstrates characteristics of dyslexia shall receive targeted structured
				literacy interventions with progress monitoring to determine if the student is
				making adequate progress, pursuant to 22-13-32 NMSA 1978, or be referred to a
				student assistance team.
C.
				Consideration shall be given to ensure the student is not demonstrating
				characteristics of dyslexia solely due to a lack of appropriate English
				language program or services.
D.
				Pursuant to 22-13-32 NMSA 1978, if a student does not make adequate progress
				with targeted structured literacy interventions, a school shall convene a
				student assistance team to prescribe more frequent and intensive structured
				literacy interventions with progress monitoring to determine the student's
				level of progress. The structured literacy interventions prescribed by the
				student assistance team shall be in accordance with the department's
				multi-layered system of supports.
E. At no time should a student identified as
				demonstrating characteristics of dyslexia stop receiving targeted structured
				literacy interventions.
F. Pursuant
				to 22-13-32 NMSA 1978, a parent or legal guardian of a student referred to a
				student assistance team shall be informed of the parent's right to request an
				initial special education evaluation at any time. If the school district or
				charter school agrees that the student may have a disability, the student
				assistance team shall refer the child for an evaluation without undue delay,
				and, shall document attempts at obtaining informed consent from the student's
				parent(s) or legal guardian(s). The student shall be evaluated within 60 days
				of receiving the parental consent for an initial evaluation. If the school
				district or charter school refuses the parent's request for an initial
				evaluation, the school district or charter school shall provide written notice
				of the refusal to the parent, including notice of the parent's right to
				challenge the school district's or charter school's decision as provided in
				state and federal law and rules.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.10 - REQUIREMENTS FOR DOCUMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
School districts and charter schools shall submit data in
				  accordance with PED guidance.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 17 - STRUCTURED LITERACY INSTRUCTION, INTERVENTIONS, AND PROFESSIONAL DEVELOPMENT › Section 6.30.17.11 - REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to 22-13-32 NMSA 1978, every
				school district and charter school shall develop and implement a literacy
				professional development plan that includes a detailed framework for the
				following:
(1) professional development in
				structured literacy by a licensed and accredited or credentialed teacher
				preparation provider for all elementary school teachers, including English
				language development teachers or teachers of English as a second language;
				and
(2) professional development in
				evidence-based reading interventions for reading interventionists and special
				education teachers working with students demonstrating characteristics of
				dyslexia or diagnosed with dyslexia.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.1 - 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 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall apply to all public schools in New
				  Mexico.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  and
				  22-12A-14
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 29, 2020, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish the parameters for
				  awarding partial credits to students identified as adjudicated or mobile and
				  who experience classroom disruption.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Adjudicated student"
means a student identified as one of the
				following:
(1) neglected or abused as
				determined by the children, youth and families department pursuant to the Abuse
				and Neglect Act;
(2) part of a
				family in need of court-ordered services; or
(3) delinquent if the parent wishes to
				disclose the adjudication of delinquency.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.8 - SENDING SCHOOL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sending
				schools shall award partial credit for work completed to students identified as
				adjudicated or mobile as defined in 6.30.18.7 NMAC.
B. Sending schools shall provide the
				transferring student's records, including a department-approved partial credit
				form, within two business days of receiving a request from the receiving
				school.
C. Sending schools shall
				certify that the school district, charter school, or institution has
				implemented a student information system to track student credit accrual and
				facilitate accurate and timely transfer of student academic credit.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.9 - RECEIVING SCHOOL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Receiving schools shall request the transferring students records from the
				sending school within two business days.
B. Receiving schools shall apply all partial
				credits to the same or equivalent course and prioritize the adjudicated or
				mobile students placement in courses required for graduation within two
				business days of receiving the partial credit form.
C. Receiving schools shall certify that the
				school district, charter school, or institution has implemented a student
				information system to track student credit accrual and facilitate accurate and
				timely transfer of student academic credit.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 18 - PARTIAL CREDIT FOR ADJUDICATED OR MOBILE STUDENTS › Section 6.30.18.10 - DETERMINATION OF PARTIAL CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
An adjudicated or mobile student shall receive credit for any
				  work completed prior to the transfer.
A. Public schools shall award up to a maximum
				of one credit as follows for courses:
(1) 0.25
				credit when a student was enrolled anywhere between ten and twenty-five percent
				of the total course;
(2) 0.50
				credit when a student was enrolled anywhere between twenty-six and fifty
				percent of the total course;
(3)
				0.75 credit when a student was enrolled anywhere between fifty-one and
				seventy-five percent of the total course; or
(4) one credit when a student was enrolled
				anywhere between seventy-six and one hundred percent of the total
				course.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of these rules are binding on each New
				  Mexico public agency that has direct or delegated authority to provide special
				  education and related services, regardless of whether that public agency is
				  receiving funds under the federal Individuals with Disabilities Education
				  Improvement Act of 2004 and regardless of whether it provides special education
				  and related services directly, by contract, or through other arrangements such
				  as referrals by the public agency to private schools or facilities. Each public
				  agency is responsible for ensuring that all rights and protections under these
				  rules are afforded to children referred to or placed in private schools or
				  facilities, including residential treatment centers, day treatment centers,
				  hospitals, or mental health institutions by that public
				  agency.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.3 - 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,
				  22-13-5 and
				  22-13-6.1
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2020, unless a later date is specified at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The following rule is promulgated to assist New Mexico public
				  agencies in appropriately identifying and providing educational services for
				  children with disabilities. The purposes of this rule are to ensure that all
				  children with disabilities have available a free appropriate public education
				  which includes special education and related services to meet their unique
				  needs; to ensure that the rights of children with disabilities and their
				  parents are protected; to assist public agencies to provide for the education
				  of all children with disabilities; and to evaluate and ensure the effectiveness
				  of efforts to educate those children.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms defined by
				federal laws and rules. All terms defined in the following federal laws and
				rules and any other federally defined terms that are incorporated there by
				reference are incorporated here for purposes of these rules.
(1) The federal Individuals with Disabilities
				Education Improvement Act of 2004 (IDEA),
				20 USC Sec.
				1400 et seq.
(2) The IDEA rules,
				34 CFR Parts
				300 and
				301.
(3) Pursuant to the paperwork reduction
				provisions of IDEA, 20 USC
				Sec. 1408, all definitions, with the
				exception of those found in Subsection B of
				6.31.2.7 NMAC, contained in IDEA
				Parts 300 and 301 at 34 CFR
				Secs. 300.1 through
				300.45, will be adopted by
				reference.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.8 - RIGHT TO A FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

Current through Register Vol. 35, No. 13, July 16, 2024
A. All children with disabilities aged three
				through 21 or who will turn three at any time during the school year who reside
				in New Mexico, including children with disabilities who have been suspended or
				expelled from school, have the right to a FAPE that is made available by one or
				more public agencies in compliance with all applicable requirements of 34 CFR
				Secs. 300.101 and 300.120 and these or other department rules and standards.
				Children with disabilities who are enrolled in private schools have the rights
				provided by 34 CFR Secs. 300.129-300.148 and Subsection L of
				6.31.2.11
				NMAC.
B. Only children who meet the
				criteria in these rules may be included in calculating special education
				program units for state funding and counted as eligible children for federal
				flow-through funds under Part B of IDEA.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.10 - IDENTIFICATION, EVALUATIONS, AND ELIGIBILITY DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Child find. Each public agency shall adopt
				and implement policies and procedures to ensure that all children with
				disabilities who reside within the public agency's educational jurisdiction,
				including children with disabilities attending private schools or facilities
				such as residential treatment centers, day treatment centers, hospitals, mental
				health institutions, detention and correctional facilities, children who are
				schooled at home, highly mobile children, children who reside on Indian
				reservations, and children who are advancing from grade to grade, regardless of
				the severity of their disability, and who are in need of special education and
				related services, are located, evaluated, and identified in compliance with all
				applicable requirements of 34 CFR Secs. 300.111,
				300.131,
				300.301 through
				300.306, and these or other
				department rules and standards. For preschool children, child find screenings
				shall serve as interventions under Subsection B of
				6.31.2.10 NMAC.
B. The public agency shall follow the
				multi-layered system of supports as a proactive system for early intervention
				for students who demonstrate a need for educational support for learning as set
				forth in Subsection D of
				6.29.1.9 NMAC. This support shall
				be provided regardless of whether a student has been referred for a full and
				individual evaluation for special education and related services or has been
				identified as eligible for special education.
(1) A student's participation in the
				multi-layered system of supports does not prevent the full and individual
				evaluation for special education of the student.
(2) A student may receive a full and
				individual evaluation for special education and related services at any time
				before, during, or after the implementation of the multi-layered system of
				supports. A parent may request a full and individual evaluation or special
				education and related services at any time.
(3) If the student is suspected of having a
				disability and demonstrates an obvious need for special education or related
				services by reason thereof, then the student shall be referred for a full and
				individual evaluation for special education without undue
				delay.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.14 - RULES OF CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. U.S.
				department of education interpretations. The U.S. department of education's
				(USDE) interpretations of the provisions of 34 CFR Part 300 as set forth in its
				Analysis of Comments and Changes to Part 300 at 71 Federal Register 46547-46753
				(August 14, 2006), and other interpretations that are published or announced by
				the USDE in the federal register are recognized as the federal government's
				official positions regarding the requirements of IDEA. Such interpretations
				shall be followed by the department to the extent that they do not conflict
				with express provisions of IDEA or case law from the federal courts.
B. Uniform Statute and Rule Construction Act.
				The Uniform Statute and Rule Construction Act, Sections
				12-2A-1
				through
				12-2A-20
				NMSA 1978, applies to the interpretation of 6.31.2 NMAC except to the extent
				that these rules incorporate permissible variations under the New Mexico
				version of the Uniform Statute and Rule Construction Act. References in 6.31.2
				NMAC to state or federal laws or rules are intended to incorporate future
				amendments unless a provision in these rules is irreconcilable with a future
				amendment under the standards of the Uniform Statute and Rule Construction
				Act.
C. Conflicts with state or
				federal laws or rules. If any state law or a state rule adopted by the
				department or a federal law or regulation grants greater rights to an
				individual or public agency than these rules provide, the provision(s) granting
				greater rights shall control to the extent necessary to avoid a
				conflict.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of these rules are binding on each New
				  Mexico public agency that has direct or delegated authority to provide gifted
				  education and related services, regardless of whether it provides gifted
				  education and related services directly, by contract, or through other
				  arrangements.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-24-8,
				  22-2-1,
				  22-2-2,
				  22-13-6 and
				  22-13-6.1 NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 31, 2023, unless a later date is specified at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated to assist New Mexico public agencies
				  in appropriately identifying and providing educational services for gifted
				  students. The purposes of this rule are to ensure all gifted students have
				  gifted education and related services to meet their individual needs; ensure
				  that the rights of gifted students and their parents are protected; assist
				  public agencies to provide for the education of all gifted students; and
				  evaluate and ensure the effectiveness of efforts to educate those
				  students.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Aptitude"
means capacity to acquire competence, skill, or
				behaviors that can be monitored, evaluated, or observed.
B.
"Articulation"
means the
				communication and planning about student educational needs that occurs as
				students are promoted through the school system grade by grade.
C.
"Artistic ability"
means
				having exceptional capability or potential in visual art, theater, music, or
				dance. Artistic ability is demonstrated by achieving at an advanced level on a
				performance assessment or scoring in the ninety-fifth percentile or above on
				standardized arts assessments.
D.
"Commensurate growth"
means the academic and affective progress
				that can be measured and should be expected of a gifted student given the
				student's level of achievement, learning needs, and abilities matched with the
				appropriate instructional level.
E.
"Creative or divergent thinking"
means having exceptional
				capability or potential to solve a problem or reach a decision using strategies
				that deviate from commonly used or previously taught strategies, which is
				demonstrated by achieving an advanced level on performance assessments or
				scoring in the ninety-fifth percentile or above on standardized tests of
				creative or divergent thinking.
F.
"General intellectual ability"
means having exceptional capability
				or potential recognized through cognitive processes, such as memory, reasoning,
				rate of learning, spatial reasoning, ability to find and solve problems,
				ability to manipulate abstract ideas, and ability to make connections, which is
				demonstrated by scoring in the ninety-fifth percentile or above on standardized
				cognitive ability tests.
G.
"Gifted individualized education program"
or
"GIEP"
means a written statement for a gifted student that is developed, reviewed, and
				revised to deliver appropriate educational services to meet the needs of gifted
				students.
H.
"Gifted
				individualized education program team" or "GIEP team"
means a
				multidisciplinary team that includes:
(1) the
				parents or guardians of the gifted student;
(2) if the gifted student is participating in
				the general education environment, at least one of the gifted student's general
				education teachers;
(3) at least
				one of the gifted student's gifted education teachers, and if appropriate, at
				least one of twice-exceptional student's special education providers;
(4) an LEA representative who is:
(a) qualified to provide or supervise the
				provision of specially designed instruction to meet the unique needs of gifted
				students;
(b) knowledgeable of the
				general education curriculum; and
(c) knowledgeable of the availability of
				resources of the department;
(5) other individuals who have knowledge or
				special expertise regarding the student, including related services personnel
				as appropriate; and
(6) whenever
				appropriate, the gifted student.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.8 - ADVISORY COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				LEA shall create a gifted advisory committee of parents, community members,
				students, and school staff members. A school district may create as many
				advisory committees as there are high schools in the school district or may
				create a district-wide advisory committee.
B. The membership of each advisory committee
				shall reflect the cultural diversity of the enrollment of the LEA or the
				schools which the advisory committee represents. Representation from all
				schools the committee is advising is required.
C. The advisory committee shall:
(1) regularly review the goals and priorities
				of the gifted program, including the operational plans for student evaluation,
				identification, placement, and service delivery;
(2) demonstrate support for the gifted
				program;
(3) provide information to
				the department about the impact that cultural background, linguistic
				background, socioeconomic status, and disability conditions within the
				community may have on the student identification process and service
				delivery;
(4) advocate for students
				of underrepresented groups due to cultural or linguistic background,
				socioeconomic status, or disability conditions, in order to ensure that these
				students have equal opportunities to benefit from services for gifted
				students;
(5) meet three or more
				times per year at regular intervals; and
(6) work with the LEA administration to
				complete an annual report of the LEA's gifted programming. The LEA shall submit
				the report to the department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.10 - GIFTED FUNDING EDUCATION PLAN REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
LEA shall report annually the revenue and expenditure details
				  regarding gifted education funds received through the state equalization
				  guarantee formula, and gifted expenditures from Title I and Title II funds in
				  the Education Plan pursuant to 6.29.1 NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.11 - EVALUATION PROCEDURES FOR GIFTED STUDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Areas of need. Student needs for
				individualized gifted education shall be based on evidence of:
(1) general intellectual ability;
(2) creative or divergent thinking;
(3) problem solving or critical
				thinking;
(4) specific aptitude or
				achievement;
(5) artistic ability,
				creativity, problem solving, or achievement; or
(6) leadership ability, creativity, problem
				solving, or achievement.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.12 - GIFTED INDIVIDUAL EDUCATION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. To ensure the individual needs of each
				gifted student are met, the GIEP team shall create and update annually a GIEP
				document. A GIEP shall include but not be limited to the following information:
(1) student demographic
				information;
(2) area(s) of
				original qualification;
(3)
				qualification data used to determine gifted eligibility;
(4) educational needs for growth in area(s)
				of strength;
(5) educational needs
				for growth in other area(s);
(6)
				short term goals to address areas of need;
(7) long term goals to address areas of
				need;
(8) teacher and parent
				input;
(9) student input;
(10) planned course of study;
(11) accommodations and
				modifications;
(12) schedule of
				services;
(13) transition
				information; and
(14) prior written
				notice of actions proposed and either accepted or rejected by the LEA with
				rationale for acceptance or rejection.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.13 - GIFTED CASELOAD REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure the specific needs of each gifted student are met,
				  LEAs shall follow the caseload requirements found in Subsection I of
				  6.29.1.9 NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.14 - GIFTED DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				ensure the specific needs of each gifted student are met, LEAs shall:
(1) Provide a copy of dispute resolution
				processes to parents and legal guardians at least once a year and when the
				following occurs:
(a) the first time in a
				school year that an annual GIEP meeting is scheduled; or
(b) a parent or legal guardian makes a
				request for a copy of the dispute resolution processes;
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 3 - GIFTED AND TALENTED STUDENTS › Section 6.31.3.15 - ENFORCEMENT OF GIFTED RULE

Current through Register Vol. 35, No. 13, July 16, 2024
If an LEA fails or refuses to comply with the applicable law
				  or rules, and if the noncompliance or refusal to comply cannot be corrected or
				  avoided by informal means, compliance may be effected by the department or the
				  student's parent or guardian by any means authorized by state or federal laws
				  or rules.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 32 - EDUCATIONAL STANDARDS - BILINGUAL MULTICULTURAL EDUCATION › Part 2 - GUIDELINES FOR IMPLEMENTING BILINGUAL MULTICULTURAL EDUCATION PROGRAMS › Section 6.32.2.1 - 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 32 - EDUCATIONAL STANDARDS - BILINGUAL MULTICULTURAL EDUCATION › Part 2 - GUIDELINES FOR IMPLEMENTING BILINGUAL MULTICULTURAL EDUCATION PROGRAMS › Section 6.32.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to public schools receiving bilingual
				  state funding, K-12.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 32 - EDUCATIONAL STANDARDS - BILINGUAL MULTICULTURAL EDUCATION › Part 2 - GUIDELINES FOR IMPLEMENTING BILINGUAL MULTICULTURAL EDUCATION PROGRAMS › Section 6.32.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Sections
				  9-24-8,
				  22-2-1,
				  22-2-2, and
				  22-23-1 through
				  22-23-6 NMSA
				  1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 32 - EDUCATIONAL STANDARDS - BILINGUAL MULTICULTURAL EDUCATION › Part 2 - GUIDELINES FOR IMPLEMENTING BILINGUAL MULTICULTURAL EDUCATION PROGRAMS › Section 6.32.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 32 - EDUCATIONAL STANDARDS - BILINGUAL MULTICULTURAL EDUCATION › Part 2 - GUIDELINES FOR IMPLEMENTING BILINGUAL MULTICULTURAL EDUCATION PROGRAMS › Section 6.32.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation provides requirements for developing and
				  implementing bilingual multicultural education and language revitalization
				  programs and supports the state of New Mexico's long-standing policy in
				  furthering bilingual multicultural education.