New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS › Part 10 - FINAL COURSE AND OTHER STUDENT GRADE CHANGES › Section 6.30.10.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Nothing in this
				rule is intended to prevent a school district or charter school from permitting
				a teacher who has issued a course grade from changing or directing the changing
				of that grade due to clear mistake or clerical error. Such grade changes
				involving corrections of clerical errors should be authorized, documented and
				conducted in the manner determined by the district or charter school in a duly
				adopted written policy.
B. Except
				as provided in Subsection A of Section 6.30.10.8 NMAC, no school district or
				charter school shall permit the changing of a student's final course grade
				until a course grade change policy is adopted or amended by the local school
				board or governing authority of a charter school as set forth below. A local
				school board or governing authority of a charter school that permits or seeks
				to permit the changing of a student's final course grade shall adopt a policy
				that includes the following minimum components:
(1) the policy permits a course grade change
				upon receipt of a signed written request from a student's parent(s) or legal
				guardian or student of legal age that states the reasons for the requested
				grade change;
(2) the policy
				requires a written response to the grade change request by a set deadline that
				states, among other things, whether the request is denied or allowed and the
				grade entered if allowed;
(3) a
				grade change is based on articulated reasons that are stated in the response
				such as extenuating circumstances, additional graded work submitted by the
				student, additional or make-up testing, or any other meaningful criteria that
				can be verified;
(4) a grade change
				is equally available to all students who are similarly situated;
(5) the policy requires strict adherence to
				FERPA;
(6) the policy requires a
				good faith attempt to obtain the written input of the student's classroom
				teacher who issued the grade in dispute, who shall state reasons to support or
				oppose the requested grade change and shall not be pressured into or retaliated
				against for making a certain recommendation;
(7) the policy requires the final written
				response to be made and signed in each case by a clearly designated person or
				group of persons who approve(s) a final course grade change and shall bear
				responsibility for ensuring that the local school board or governing
				authority's policy was followed;
(8) the policy requires, unless a student is
				still enrolled in the school district or charter at the time of the grade
				change request, the request to be within a reasonable period of time after the
				student has exited the school unless extenuating circumstances permit
				consideration of a longer time;
(9)
				determines if course grade change documents are to be maintained in a student's
				permanent record or maintained in a separate file that is destroyed after the
				student graduates, transfers from, or otherwise leaves the school;
				and
(10) in no way limits or
				eliminates the rights afforded to parents under federal regulations
				34 CFR Sections
				300.618 through
				300.621 under
				the Individuals with Disabilities Education Act, and
				34
				CFR Sections 99.20 through
				99.22
				under FERPA, both as they relate to amendment of a student's educational
				records.