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 6.32.2.16 - PROGRAM RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
Based on program monitoring and review of the annual report,
				  the department will determine whether the bilingual multicultural education
				  program is compliant pursuant to Section
				  22-23-1 NMSA 1978 and 6.32.2
				  NMAC.
A. If the department determines
				that a program is compliant, the public school district may continue the
				program as authorized in the approved application; districts providing a Native
				American language revitalization program, or other approved Native American
				bilingual multicultural education model, shall notify tribal councils or other
				appropriate tribal entities with authority to make educational decisions on
				behalf of Native American children of compliance and program
				continuation.
B. If the department
				determines that a program is not compliant, the department shall notify the
				district of such non-compliance, including specific areas of non-compliance.
(1) Upon receipt of a notice of
				non-compliance from the department, the district shall develop a program
				improvement plan, with technical assistance from the department, to address the
				non-compliance. This plan shall include provisions to adjust the curriculum,
				program components or method of instruction, as necessary. The plan notify the
				district. If the district remains non-compliant after the first year of
				implementation of the program improvement plan, the district will be required
				to re-evaluate the program improvement plan and make necessary adjustments. The
				district shall report the results of this evaluation and any revisions to the
				original program improvement plan to the department within 30 days, or, with
				prior written approval of the department, additional time not to exceed 90
				days, of receipt of the notice of non-compliance.
(2) A district in the process of implementing
				a program improvement plan shall submit its annual report to the department and
				will be evaluated by the department for compliance based on the standards
				articulated in
				6.32.2.15 NMAC, and not solely on
				the basis of whether they have fully implemented and complied with the program
				improvement plan.
(3) If upon
				review, after receipt of the annual report submitted by a district with a
				program improvement plan, the department determines that the district remains
				non-compliant; the department shall [so] notify the district. If the district
				remains non-compliant after the first year of implementation of the program
				improvement plan, the district will be required to re-evaluate the program
				improvement plan and make necessary adjustments. The district [must] shall
				report the results of this evaluation and any revisions to the original program
				improvement plan to the department within 30 days, or, with prior written
				approval of the department, additional time not to exceed 90 days, of receipt
				of the notice of non-compliance.
(4)
				If a program is determined to be non-compliant after receiving three
				consecutive notices of non-compliance, the department shall notify the district
				and shall discontinue the program at the end of the third school year unless
				the district can verify compliance to the satisfaction of the
				department.
(5) A district may not
				apply for approval for a bilingual multicultural education program for the
				school year immediately following a discontinuation by the
				department.
(6) Districts providing
				a Native American language revitalization program, or other approved Native
				American bilingual multicultural education model, shall notify tribal councils
				or other appropriate tribal entities with authority to make educational
				decisions on behalf of Native American children of non-compliance and provide
				evidence of tribal consultation in the development of a program improvement
				plan in accordance with the Indian Education Act, Sections
				22-23A-1 through
				22-23A-8 NMSA 1978 and the
				Bilingual Multicultural Education Act, Section
				22-23-1 NMSA 1978.
(7) All districts, regardless of any
				discontinuation by the department, shall submit the annual report to the
				department, for any year in which the district has provided assurances to the
				department.