reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 67 - SCHOOL PERSONNEL - HIRING AND TERMINATION › Part 3 - TERMINATION OR DISCHARGE OF LICENSED SCHOOL PERSONNEL WHEN REDUCTION IN PERSONNEL IS REQUIRED › Section 6.67.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to local school boards, governing bodies of
				  charter schools, and licensed school personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 67 - SCHOOL PERSONNEL - HIRING AND TERMINATION › Part 3 - TERMINATION OR DISCHARGE OF LICENSED SCHOOL PERSONNEL WHEN REDUCTION IN PERSONNEL IS REQUIRED › Section 6.67.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Sections
				  22-2-1
									22-2-2,
				  and
				  22-10A-21,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 67 - SCHOOL PERSONNEL - HIRING AND TERMINATION › Part 3 - TERMINATION OR DISCHARGE OF LICENSED SCHOOL PERSONNEL WHEN REDUCTION IN PERSONNEL IS REQUIRED › Section 6.67.3.5 - 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 67 - SCHOOL PERSONNEL - HIRING AND TERMINATION › Part 3 - TERMINATION OR DISCHARGE OF LICENSED SCHOOL PERSONNEL WHEN REDUCTION IN PERSONNEL IS REQUIRED › Section 6.67.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes requirements for the termination or
				  discharge of licensed school personnel when a reduction in personnel is
				  required.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 67 - SCHOOL PERSONNEL - HIRING AND TERMINATION › Part 3 - TERMINATION OR DISCHARGE OF LICENSED SCHOOL PERSONNEL WHEN REDUCTION IN PERSONNEL IS REQUIRED › Section 6.67.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the public education department (PED).
B. "Discharge" means the act of severing the
				employment relationship prior to the expiration of the current employment
				contract.
C. "Local school board"
				or "board" means the governing body of a school district or charter
				school.
D. "School district" means
				an area of land established as a political subdivision of the state for the
				administration of public schools and segregated geographically for taxation and
				bonding purposes.
E. "Terminate"
				means, in the case of a licensed school employee, the act of reemploying an
				employee for the ensuing school year.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 67 - SCHOOL PERSONNEL - HIRING AND TERMINATION › Part 3 - TERMINATION OR DISCHARGE OF LICENSED SCHOOL PERSONNEL WHEN REDUCTION IN PERSONNEL IS REQUIRED › Section 6.67.3.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Local school boards shall have the right to discharge or
				  terminate licensed school personnel when a reduction in school personnel is
				  required as a result of decreased enrollment or a decrease or revision of
				  educational programs or insufficient legislative appropriation or authorization
				  being made by the state and/or federal government, provided that:
A. local school boards have a reduction in
				personnel policy in place and comply with those procedures;
B. the discharge or termination is made in
				accordance with the School Personnel Act (Chapter 22, Article 10A NMSA 1978),
				any applicable rules and regulations of the department and local board of
				education, and any applicable collective bargaining agreements; and
C. a local school board has considered
				placement of the licensed school employee in another position, and there is no
				other position for which that individual is qualified, consistent with the
				academic necessities of the district.
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 6.68.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department (PED)
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 6.68.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the denial of applications for licenses and
				  certificates for school personnel enumerated in Section
				  22-10A-3
				  A NMSA 1978.
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 6.68.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1
				  B, NMSA 1978;
				  22-2-2
				  J, K, NMSA 1978;
				  22-10A-31,
				  NMSA 1978; and
				  61-1-1 et
				  seq., NMSA 1978.
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 6.68.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 2005, unless a later date is cited at the end of
				  a section.
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 6.68.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule, adopted by the PED, governs the application
				  process for initial issuance or continuing licensure of all types of licenses
				  and certificates issued by the PED, as well as the denial of such applications.
				  Applicants must also meet all requirements prescribed in PED rules governing
				  each type and level of license or certificate sought.
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 6.68.2.8 - APPLICATIONS FOR LICENSURE-COMPLETION OF FILE AND REAPPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The professional
				licensure bureau, PLB of the PED shall prescribe the form(s) for applications
				for initial and continuing licensure of school personnel in New
				Mexico.
B. All applicants for
				initial or continuing licensure shall meet the requirements of PED rules
				governing the type(s) and level(s) of license(s) sought that are in effect on
				the date an application on the prescribed form is received by the PLB
				regardless of the expiration date on any existing license they may
				hold.
C. Individuals requesting
				continuing licensure must submit a request in writing on the current form
				prescribed by the PLB by the June 30 expiration date of such license(s).
				However, a licensed individual shall have a one-year grace period from the date
				of expiration to apply for continuing licensure. Notwithstanding the foregoing,
				an individual whose license has expired on June 30 and is employed for the
				coming school year must have submitted a properly made application within 90
				days of commencing their school employment duties for that year in accordance
				with Subsection C of Section
				22-10A-3
				NMSA 1978. Moreover, in no event shall the application for continuing licensure
				be submitted sooner than January 1 of the expiration year.
D. An application for initial or continuing
				licensure shall be valid for one year from receipt, during which time the
				applicant must ensure that the PLB has a properly made application with all the
				information necessary to determine their qualifications for the license(s) and
				level(s) sought therein. When the PLB reviews an application and determines
				that it is improperly made, it shall notify the applicant regarding what is
				required for the application to be properly made. If an application remains
				improperly made for one year from the date of receipt, the application shall
				expire without any further action required by the PED.
E. Once an application for initial or
				continuing licensure expires, the applicant seeking licensure shall be required
				to file a new application for licensure for the license(s) and level(s) sought
				and to pay the initial application fee. Such individual must qualify under
				existing PED rules as of the date of the new application. However, this
				subsection does not affect individuals filing for continuing licensure during
				the one-year grace period granted in Subsection C of 6.68.2.8 NMAC.
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 6.68.2.9 - FAILURE TO SATISFY LICENSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The PLB shall deny any properly made
				application for initial or continuing licensure as defined in Subsection F of
				6.68.2.7, where an applicant has failed to satisfy all testing or competency
				requirements specified in PED rules governing the type(s) and level(s) of
				licensure sought.
B. An aggrieved
				applicant may request that the secretary review the denial of a license or
				continuing licensure for failure to satisfy prescribed continuing education or
				academic requirements. The secretary shall have sixty (60) days from the date
				of the request to review the denial and render a decision. The secretary's
				decision on review shall be final.
C. An applicant for initial or continuing
				licensure who has taken all required examinations and whose properly made
				application has been denied shall be afforded all the procedural and
				substantive due process rights contained in this rule, 6.68.2 NMAC and the ULA,
				Section
				61-1-1
				NMSA 1978, except applications denied for the following reasons:
(1) failure to pass a required
				examination;
(2) failure to pay the
				required application fee;
(3)
				failure to meet continuing education requirements as defined in Subsection B of
				6.68.2.7 NMAC; or
(4) issuance of a
				temporary license extension if authorized by the School Personnel Act, Section
				22-10A-1,
				NMSA 1978.
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 6.68.2.10 - DENIAL OF APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Other
				grounds for denial of applications: Subject to the procedures set forth below,
				the educator ethics bureau (EEB), or the PLB may deny an application for
				initial or continuing licensure for incompetency, immorality or for any other
				good and just cause. "Other good and just cause" may include but shall not be
				limited to any of the following:
(1) a
				material misstatement of fact by an applicant in connection with the initial
				licensure application process or the continuing licensure application process;
				or
(2) the denial of an application
				for licensure or the suspension or revocation of an applicant's educational or
				other relevant professional certificate(s) or license(s) by the certification
				or licensing authorities of this or any other state or by a national licensing
				board or bureau; or
(3) material
				noncompliance with any provision(s) of PED rules prescribing the terms and
				conditions of employment contracts for licensed school personnel in New Mexico
				at a time when the person charged was subject to those rules; or
(4) a willful violation of any PED rule
				prescribing standards of conduct for licensed school personnel at a time when
				the person charged was subject to such requirement; or
(5) a conviction of any felony or a
				misdemeanor involving moral turpitude, subject to the provisions of the
				Criminal Offender Employment Act, Section
				28-2-1, et
				seq., NMSA 1978; or
(6) a failure
				to comply with a judgment and order for support pursuant to the Parental
				Responsibility Act, Section
				40-5A-1,
				NMSA 1978; or
(7) the intentional
				alteration of any college transcripts or any license issued by the PED in
				connection with any private or public employment or in any dealings with the
				PED; or
(8) the failure or refusal
				by an applicant for licensure with a criminal history to timely provide
				documents requested by the PED evidencing applicant's rehabilitation,
				satisfaction of court orders or successful termination of probation;
				or
(9) failing to meet the
				continuing education requirements for level 2 competencies where a local
				superintendent recommends to the secretary that the teacher's level 2 license
				be suspended in accordance with 6.69.4 NMAC.
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 6.68.2.11 - PROCEDURES REQUIRED OF A LOCAL SCHOOL BOARD OR GOVERNING AUTHORITY BEFORE GIVING NOTICE TO THE DIRECTOR OF THE PROFESSIONAL LICENSURE BUREAU THAT AN APPLICANT HAS NOT SATISFACTORILY DEMONSTRATED THE COMPETENCIES REQUIRED FOR THE LEVEL OF LICENSURE SOUGHT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Before notice is given to the director of the PLB that an applicant has not
				satisfactorily demonstrated the competencies required for the level of
				licensure sought, the following procedures must be followed:
(1) two (2) or more conferences shall have
				been held with the licensed school person prior to the serving of such notice,
				and
(2) at least one (1) conference
				shall be held with the individual's most recent performance evaluator, or
				immediate supervisor if the most recent performance evaluator is unavailable to
				confer with the individual, and another conference shall be held with the
				superintendent of the local school district or with the superintendent's
				designee who shall be someone other than the first person with whom the
				licensed individual has conferred, and
(3) at least ninety (90) school days shall
				have elapsed between the conferences to allow the individual sufficient time to
				satisfactorily demonstrate the required competencies.
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 6.68.2.12 - PROCEDURES FOR DENYING APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following procedures shall govern the denial of properly
				  made applications for initial or continuing licensure on any ground specified
				  in Subsection A of
				  6.68.2.10
				  NMAC except for those applications noted in Subsection B of
				  6.68.2.9
				  NMAC and Paragraphs (1) through (4) of Subsection C of
				  6.68.2.9
				  NMAC.
A. Notice: The director of the
				EEB, or the director of the PLB, on behalf of the PED shall prepare and serve
				upon the applicant a written notice of contemplated action.
B. Service of notices: Any notice required to
				be served by this rule, including notice of final decision, may be served
				either personally or by certified mail, return-receipt-requested, directed to
				the applicant at their last known address as shown by the records of the
				licensure bureau or to the applicant's attorney of record. Service must be no
				later than two (2) years after the discovery of the conduct that would be the
				basis of the contemplated action, except that the time limitation shall be
				tolled by any civil or criminal litigation in which the applicant is a party
				arising from substantially the same facts, conduct or transaction that would be
				the basis for the PED's action. If the notice or decision is served personally,
				service shall be made in the same manner as is provided for service by the
				rules of civil procedure for the district courts. Where the notice or decision
				is served by certified mail, it shall be deemed to have been served on the date
				borne by the return receipt showing delivery or the last attempted delivery of
				the notice or decision to the addressee or refusal of the addressee to accept
				delivery.
C. Contents: The notice
				shall contain:
(1) the grounds, including in
				what respects the applicant has failed to satisfy the PED, believed to be
				sufficient for denying the application;
(2) instructions for requesting a hearing
				before the PED in accordance with Subsection A of 6.68.2.13 below;
(3) a statement that the PED's contemplated
				action will be taken and shall become final unless the charged individual
				requests a hearing according to the procedure and within the time specified,
				and that such action would not be subject to judicial review; and
(4) a statement calling the applicant's
				attention to their rights under this rule and the ULA, Section
				61-1-8,
				NMSA 1978 copies of which shall be provided with the written notice.
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 6.68.2.14 - RIGHTS OF AN APPLICANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant shall have the right to be represented by counsel or by a licensed
				member of his own profession or occupation, or both at no expense to the PED;
				to present all relevant evidence by means of witnesses and books papers,
				documents and other evidence; to examine all opposing witnesses who appear on
				any matter relevant to the issues; and to have subpoenas and subpoenas duces
				tecum issued as of right prior to the commencement of the hearing to compel
				discovery and the attendance of witnesses and the production of relevant books,
				papers, documents and other evidence upon making written request therefore to
				the hearing officer. The issuance of such subpoenas after the commencement of
				the hearing rests in the discretion of the hearing officer.
B. An applicant shall have the right to
				excuse the hearing officer in accordance with ULA Section
				61-1-7,
				NMSA 1978.
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 6.68.2.17 - DECISION OF THE SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				secretary shall review the report of the hearing officer together with any
				briefs or proposed findings/conclusions/orders timely submitted by the parties.
				The secretary shall render a final decision and order based on a preponderance
				of the evidence. The secretary's decision must include a statement informing
				the applicant of their right to judicial review and the time within which such
				review must be sought. The secretary shall either:
(1) adopt the hearing officer's proposed
				findings of fact, conclusions of law and order;
(2) modify said findings of fact and
				conclusions of law and order and render a decision;
(3) reopen the case to receive additional
				evidence or for other cause on request from the applicant or on the secretary's
				own motion; and where a request to reopen the case comes from the applicant,
				the secretary shall serve upon the applicant within fifteen (15) days after
				receipt of said request, a decision to grant or refuse said request; and where
				the case is reopened, notice of the hearing shall be served on the applicant
				within fifteen (15) days after service of the decision to reopen with the
				hearing being held within forty-five (45) days after the service of said notice
				and the decision from the hearing being served on the applicant within thirty
				(30) days after the hearing; or
(4)
				reject any action against the applicant's licensure application on the grounds
				alleged and order the individual's application review to go forward to
				determine if the applicant is otherwise qualified for licensure or continuing
				licensure; if the secretary decides to hear additional evidence, a transcript
				of the proceedings shall be made by a qualified court reporter or a tape
				recording.
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 6.68.2.18 - WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Time limits: The
				time limits specified in this rule may be waived by the applicant if done in
				writing.
B. Hearing: No hearing
				need be held by the PED if the applicant waives in writing their right to the
				hearing.
C. Voluntary denial: Prior
				to service of notice on an individual applying for initial or continuing
				licensure, that individual may voluntarily agree to a denial of their
				application, provided that any such voluntary denial is accomplished by writing
				where the individual has an opportunity to consult with and retain an attorney.
				A voluntary denial is not a voluntary withdrawal of an application but is an
				actual denial of a licensure application. A voluntary denial may be achieved
				only with the approval of the secretary, so long as the individual knowingly
				submits to the jurisdiction of the PED and waives in writing their right to a
				hearing and the other procedures set forth in this rule. A voluntary denial is
				not subject to judicial review and its effect is binding on the parties to the
				agreement accomplishing the denial.
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 6.68.2.19 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A final decision
				by the secretary after the hearing officer has made the required
				recommendations may be appealed to the district court by an applicant within
				thirty (30) days of the date of filing of the decision in accordance with
				Section
				39-3-1.1,
				NMSA 1978. ("Appeal of final decisions by agencies to district
				court--application--scope of review--review of district court
				decisions")
B. The applicant may
				apply to the secretary for a stay of the decision pending the outcome of the
				review of the decision in district court.
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 6.68.2.20 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any part of this rule found by adjudication before a
				  competent tribunal to be contrary to law shall be stricken without effect to
				  the remainder.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.1 - 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 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs suspension, revocation or other
				  disciplinary action regarding a license held by a licensed school instructor,
				  administrator or any other of the individuals enumerated in Section
				  22-10A-3
				  A NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1;
				  22-2-2;
				  22-10A-5,
				  31; and
				  61-1-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 2005, unless a later date is specified at the
				  end of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted by the public education department
				  (hereinafter the "department") for the purpose of establishing hearing
				  procedures for suspension, revocation or other disciplinary actions regarding a
				  license or certificate issued by the department to a school instructor,
				  administrator or any other of the individuals enumerated in Section
				  22-10A-3
				  A, NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.10 - RIGHTS OF A LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				licensee shall have the right to be represented by counsel or by a licensed
				member of his own profession or occupation, or both at no expense to the
				department; to present all relevant evidence by means of witnesses and books
				papers, documents and other evidence; to examine all opposing witnesses who
				appear on any matter relevant to the issues; and to have subpoenas and
				subpoenas duces tecum issued as of right prior to the commencement of the
				hearing to compel discovery and the attendance of witnesses and the production
				of relevant books, papers, documents and other evidence upon making written
				request therefore to the hearing officer. The issuance of such subpoenas after
				the commencement of the hearing rests in the discretion of the hearing
				officer.
B. A licensee shall have
				the right to excuse the hearing officer in accordance with ULA Section
				61-1-7,
				NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.13 - DECISION OF THE SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				secretary shall review the report of the hearing officer together with any
				briefs or proposed findings/conclusions/orders timely submitted by the parties.
				The secretary shall render a final decision and order based on a preponderance
				of the evidence. The secretary's decision must include a statement informing
				the licensee of his/her right to judicial review and the time within which such
				review must be sought. The secretary shall either:
(1) adopt the hearing officer's proposed
				findings of fact, conclusions of law and order; or
(2) modify said findings of fact and
				conclusions of law and order and render a decision; or
(3) reopen the case to receive additional
				evidence or for other cause on request from the licensee or on the secretary's
				own motion; and where a request to reopen the case comes from the licensee, the
				secretary shall serve upon the licensee within fifteen days after receipt of
				said request, a decision to grant or refuse said request; and where the case is
				reopened, notice of the hearing shall be served on the licensee within fifteen
				days after service of the decision to reopen with the hearing being held within
				forty-five days after the service of said notice and the decision from the
				hearing being served on the licensee within thirty days after the hearing;
				or
(4) reject any action against
				the licensee's licensure on the grounds alleged and order the said license(s)
				to remain in full force and effect. If the secretary decides to hear additional
				evidence a transcript of the proceedings shall be made by a qualified court
				reporter or a tape recording.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.14 - WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Time limits: The
				time limits specified in this rule may be waived by the licensee if done in
				writing.
B. Hearing: No hearing
				need be held by the department if the licensee waives in writing his or her
				right to the hearing.
C. Voluntary
				surrender: Prior to service of notice on a licensed individual, that individual
				may voluntarily surrender his/her license(s) in a manner tantamount to
				revocation or suspension of his/her license, provided that any such voluntary
				surrender is accomplished by a writing where the individual has an opportunity
				to consult with and retain an attorney. A voluntary surrender may be achieved
				only with the approval of the secretary, so long as the licensed individual
				knowingly submits to the jurisdiction of the department and waives in writing
				his or her right to a hearing and the other procedures set forth in this rule.
				A voluntary surrender is not subject to judicial review and its effect is
				binding on the parties to the agreement accomplishing the surrender.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.15 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A final decision
				by the secretary after the hearing officer has made his or her recommendations
				may be appealed to the district court by an applicant within thirty days of the
				date of filing of the decision in accordance with Section
				39-3-1.1,
				NMSA 1978. ("Appeal of final decisions by agencies to district
				court--application--scope of review--review of district court
				decisions")
B. The applicant may
				apply to the secretary for a stay of his or her decision pending the outcome of
				the review of the decision in district court.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any part of this rule found by adjudication before a
				  competent tribunal to be contrary to law shall be stricken without effect to
				  the remainder.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 2 - UNSATISFACTORY WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL PERSONNEL › Section 6.69.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to local school boards, governing
				  authorities of state agencies and certified (licensed) school
				  personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 2 - UNSATISFACTORY WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL PERSONNEL › Section 6.69.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Section
				  22-10A-19,
				  22-10A-27
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 2 - UNSATISFACTORY WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL PERSONNEL › Section 6.69.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 2017 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 2 - UNSATISFACTORY WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL PERSONNEL › Section 6.69.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation establishes procedures for supervising and
				  correcting "unsatisfactory work performance" of licensed school personnel
				  before notice of intent to discharge or notice of termination is served upon
				  them or before requesting the secretary to suspend a level three teaching
				  license for unsatisfactory work performance at level three licensure, and
				  further to distinguish between the terms "unsatisfactory work performance" and
				  "insubordination".
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 2 - UNSATISFACTORY WORK PERFORMANCE OF CERTIFIED (LICENSED) SCHOOL PERSONNEL › Section 6.69.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Administrative authority"
means the superintendent, principal or
				a person acting under the authority of such superintendent or
				principal.
B.
"Insubordination"
means actual or implied willful refusal to
				follow written policies, regulations, rules, or procedures established by the
				department, the local school board, or administrative authorities; or the
				lawful written or oral orders, requests, or instructions of administrative
				authorities.
C.
"Secretary"
means the secretary of education department.
D.
"Uncorrected unsatisfactory work
				performance"
means unsatisfactory work performance which the licensed
				school personnel has failed to correct pursuant to the provisions in this
				regulation; provided, however, that if unsatisfactory work performance is
				uncorrectable through the evaluation and supervision process, as determined by
				the local school board policy, the provisions in this regulation shall not
				apply.
E.
"Unsatisfactory
				work performance"
means the failure by licensed school personnel to
				satisfactorily perform those tasks which are evaluated by the employee's
				supervisors, pursuant to the school district's approved plans for evaluation
				and supervision of its licensed employees. For the purpose of this regulation
				unsatisfactory work performance does not include insubordination or conduct
				deemed to be outside the normal scope of duties of licensed school
				personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 3 - PERFORMANCE EVALUATION REQUIREMENTS FOR ADMINISTRATORS › Section 6.69.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Chapter 69, Part 3, governs performance evaluation
				  requirements for administrators other than principals or assistant principals
				  in a public school district or charter school.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 3 - PERFORMANCE EVALUATION REQUIREMENTS FOR ADMINISTRATORS › Section 6.69.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-2-2,
				  and
				  22-10A-19,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 3 - PERFORMANCE EVALUATION REQUIREMENTS FOR ADMINISTRATORS › Section 6.69.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 3 - PERFORMANCE EVALUATION REQUIREMENTS FOR ADMINISTRATORS › Section 6.69.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the requirements for the performance
				  evaluation system for administrators other than principals, grades Pre K-12.
				  This rule identifies the specific evaluation/supervision competencies and
				  indicators for administrators other than principals.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 3 - PERFORMANCE EVALUATION REQUIREMENTS FOR ADMINISTRATORS › Section 6.69.3.8 - EVALUATIONS OF ADMINISTRATOR PERFORMANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning July 1, 2008 each school
				district shall implement a system of administrator performance evaluation which
				meets the requirements of this rule.
B. Prior to implementing the system of
				administrator performance evaluation, each school district shall involve all
				administrators in the development of evaluation criteria and data collection
				procedures.
C. Each school district
				shall include the following competencies and indicators as part of the
				evaluation criteria.
(1) The administrator
				demonstrates foresight, examines issues, and takes initiatives to improve the
				quality of education in the community:
(a)
				enables staff, students, parents, and community to build a common
				vision;
(b) articulates a vision
				and is able to make that vision concrete to others;
(c) provides a learning environment and
				climate where creativity, risk taking, and experimentation are shared by all
				stakeholders;
(d) understands,
				facilitates, and manages change in self, others, and the
				organization.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.3 - 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, and
				  22-10A-3 NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 18, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the requirements for a
				  department-approved educator evaluation system for teachers. This rule
				  identifies the specific evaluation and supervision standards and indicators and
				  requirements for a competency-based evaluation system for
				  teachers.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Advancement program level I - level II"
or
"APLI-II"
means a series of five microcredentials, aligned with the department-approved
				educator evaluation system, that a teacher with a level 1 license shall
				successfully complete and demonstrate mastery in before progressing to a level
				2 license.
B.
"Advancement
				program level II - level III"
or
"APLII-III"
means a series
				of five micro credentials, aligned with the department-approved educator
				evaluation system, that a teacher with a level 2 teaching license shall
				successfully complete and demonstrate mastery in before progressing to a level
				3-A teaching license.
C.
"Core academic subjects"
means English, language arts, reading,
				mathematics, science, the arts -including music and visual arts - and social
				studies - including civics, government, economics, history, and geography - and
				modern and classical languages, Native American languages, and cultures of New
				Mexico tribes and pueblos.
D.
"Full school year"
means a minimum of 1080 instructional hours in
				a school year for teachers of students in seventh through 12th grades, 990
				hours for teachers of students in full-day kindergarten through fifth grade, or
				450 hours for teachers of students in half-day kindergarten, during which the
				teacher is the teacher of record or serves as an instructional coach or
				resource teacher in at least one class each school year while holding a
				standard teaching license. An equivalent number of instructional hours may be
				accepted for those teachers who do not teach every day. Instructional hours may
				include teaching in summer school, extended learning time programs, or similar
				educational settings.
F.
"Micro-credential"
means a competency-based process made up of
				several courses, each focused on a discrete skill or area aligned with the
				educator evaluation system.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The school
				district shall ensure, through proper annual teaching assignment and
				professional development plans and evaluations, that all teachers are certified
				and endorsed to teach core academic subjects.
B. Every public school teacher shall have an
				annual performance evaluation based on a professional development plan that
				meets the requirements of the department-approved evaluation system.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.9 - IMPLEMENTATION OF THE EDUCATOR EVALUATION SYSTEM-FOR DEMONSTRATING COMPETENCE IN THE CORE ACADEMIC SUBJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A teacher of the core academic subjects employed as a general
				  education teacher in a school district that qualifies as a rural school
				  district under the current authorization of the Elementary and Secondary
				  Education Act of 1965 (20) U.S.C. 6301, may fulfill the requirements in
				  Subsections A and B of
				  6.69.4.9 NMAC and either the
				  requirement of Paragraphs (2)-(3) of Subsection C or Paragraphs (2)-(3) of
				  Subsection D of
				  6.69.4.9 NMAC within three full
				  school years of the date of hire as long as the teacher is certified and
				  endorsed in at least one core academic subject when hired in a qualifying rural
				  school district. A new to the profession special education teacher employed in
				  any school district may fulfill the requirements in Paragraphs (2)-(3) of
				  Subsection C or Paragraphs (2)-(3) of Subsection D of
				  6.69.4.9 NMAC within two full
				  school years of initial employment in any school district if the teacher is
				  certified and endorsed in either language arts, mathematics, or science when
				  hired. The candidate shall:
A. have
				successful annual evaluations for two full school years prior to the
				evaluation; and
B. have two
				complete school years of successful teaching and either;
C. complete credit hours at a regionally
				accredited college or university in the core academic subject in which the
				candidate is seeking to demonstrate competence, as follows:
(1) for K-8 elementary licensed teachers or
				pre K-12 special education licensed teachers teaching in a self-contained
				elementary classroom, 24 lower or upper division credit hours across the
				elementary education core academic subjects of language arts, social studies,
				mathematics, and science, with at least six credit hours in each core
				area;
(2) for K-8 elementary
				licensed teachers teaching in a middle school, and pre K-12 special education
				licensed teachers teaching in a middle or high school, 18 lower or upper
				division credit hours in each core academic subject the teacher
				teaches;
(3) for 7-12 secondary,
				5-9 middle level, and pre K-12 specialty area licensed teachers teaching in a
				middle school, junior high school, or high school, 18 credit hours, 12 of which
				must be upper division in each core academic subject the teacher teaches;
				or
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 69 - SCHOOL PERSONNEL - PERFORMANCE › Part 4 - PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS › Section 6.69.4.10 - IMPLEMENTATION OF THE ANNUAL EDUCATOR EVALUATION SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each school district shall adopt policies,
				guidelines, and procedures for annual teacher performance evaluation. The
				annual evaluation plan will be combined with the evaluation plan for licensure
				advancement provided in Subsection A of
				6.69.4.11 NMAC to form an overall
				system for teacher evaluation and support.
B. No later than 40 school days after the
				first day of school of each school year, each teacher and their school
				principal shall establish a professional development plan for the teacher, with
				measurable objectives, for the coming year based on, among other things:
(1) the department's teaching competencies
				and indicators for teachers; and
(2) the previous year's annual evaluation, if
				applicable; and
(3) assurance that
				the teacher is certified and endorsed in the core academic subject(s) the
				teacher teaches and that the school district has appropriately assigned the
				teacher to teach in the subject(s) in which the teacher is certified and
				endorsed.