New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 33 - EDUCATIONAL STANDARDS - VOCATIONAL EDUCATION › Part 3 - PRE-APPRENTICESHIP PROGRAM › Section 6.33.3.8 - MEMORANDUM OF AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pre-apprenticeship programs shall be provided in accordance with the terms and
				conditions of a uniform memorandum of agreement (
hereafter
"MOA"), which supersedes all previous agreements, versions and addenda. This
				agreement applies to public school districts, including a charter school or
				charter school district, a state supported educational institution and a
				state-chartered school (
hereafter
"district"), high school
				students who attend public school districts, and pre-apprenticeship providers
				(
hereafter
"providers") in New Mexico. School districts and
				charter schools may complete agreements with multiple providers.
B. The MOA shall include provisions stating
				the following: The primary purposes of the pre-apprenticeship program are to
				allow school districts to provide for industry taught or guided
				pre-apprenticeship programs for qualified high school students. The
				pre-apprenticeship program will allow for the local school board to approve
				providers and pre-apprenticeship programs, including courses of instruction and
				industry instructors that meet apprenticeship requirements of the state
				apprenticeship council or the apprenticeship requirements of an appropriate
				nationally recognized trade organization. Pre-apprenticeship programs shall
				meet department content and performance standards and shall be provided at no
				cost to students. The pre-apprenticeship program is designed so that
				pre-apprentices may earn elective credits toward high school graduation and
				meet requirements for apprenticeship-related supplemental instruction or
				post-secondary education course credits. The pre-apprenticeship program makes
				available licensure exemptions for the provider's industry instructor(s).
				Pre-apprenticeship programs may be offered during the school day whenever
				possible, may be conducted at industry locations, including union halls or
				other industry training facilities; at existing school facilities, if
				available; or at any other location approved by the local school
				board.
C. The MOA specifies the
				means by which the state will provide equal opportunities to all qualifed high
				school students who wish to participate in the pre-apprenticeship
				program.
D. This MOA shall provide
				the following duties and responsibilities of the pre-apprenticeship industry
				provider. The industry provider shall:
(1)
				provide an industry provider application form that addresses the name of
				pre-apprenticeship course of instruction or program offered by provider;
				program start date; name of course to include student teacher accountability
				reporting system (STARS) course code number, method of delivery, course
				alignment and if dual credit is offered; identification of tools needed for
				program; identification of supplies provided for program; identification of
				instructional materials provided for the program; evaluation process of
				program; method of grade reporting; method of attendance recording; how
				students are recruited; how students are accepted into program, retained and
				dismissed; circumstances under which the program may terminate; continuation
				plan for the pre-apprenticeship program that provides the student the
				opportunity to complete coursework that will bear the previously agreed upon
				semester credit; and identify an industry approved instructor;
(2) provide an industry instructor's
				application form to include the name of pre-apprenticeship course of
				instruction, or program; instructor's identifying information to include name,
				address, phone, gender, date of birth, approving industry entity, instructor
				resume and a completed character and fitness questionnaire to include the
				following:
(a) have you ever been disciplined,
				reprimanded, suspended or discharged, from any employment because of
				allegations of misconduct?
(b) have
				you ever resigned, entered into a settlement agreement, or otherwise left
				employment following an allegation of misconduct?
(c) is any action now pending against you for
				alleged misconduct, including application discrepancies?
(d) have you ever failed to fulfill the terms
				of a contract?
(e) do you currently
				have any outstanding criminal charges, warrants of arrest, or conditions of
				probation pending against you in New Mexico or in any other state?
(f) have you ever been fingerprinted as a
				result of any arrest or detainment for any crime or violation of the
				law?
(g) have you ever pled guilty
				to, or been convicted of, any crime or violation of law, including entering a
				plea of no contest or receiving a deferred or suspended sentence?
(h) are you currently delinquent in payment
				of court-ordered child support?
(i)
				have you ever had a court-ordered screening for alcohol or drug
				dependence?
(3) employ a
				method of qualifying the industry instructor that includes the following
				requirements:
(a) background checks:
(i) industry instructors shall be required to
				undergo a background check as provided for licensed school employees in Section
				22-10A-5
				NMSA 1978;
(ii) the school district
				or charter school may act on the information received from the background check
				and refuse to approve a person as an industry instructor; and
(iii) the district shall not allow persons
				who have not been vetted through the background check process to have
				unsupervised contact with students;
(b) licensure:
(i) licensure requirements shall not apply to
				industry instructors;
(ii) a
				complete resume demonstrating expert; verification by experience, license or
				certification may qualify as an industry instructor; and
(iii) a department licensed teacher may
				qualify as an industry instructor;
(c) adhere to the district confidentiality
				guidelines;
(4)
				designate a representative to review and sign the completed MOA with the
				understanding that only a MOA endorsed by all parties shall constitute a
				pre-apprenticeship program;
(5)
				determine, in collaboration with the district, the required academic standing
				of each student eligible to participate in the pre-apprenticeship
				program;
(6) employ a method of
				qualifying the student for pre-apprenticeship that demonstrates that the
				student has the appropriate skills and maturity to benefit from the instruction
				requested;
(7) provide information
				and orientation, in collaboration with the district, to the student and parent
				or guardian regarding the responsibilities of pre-apprenticeship including
				academic rigor, time commitments, and behavioral expectations associated with
				taking pre-apprenticeship courses and the importance of satisfactorily
				completing the pre-apprenticeship credits attempted in order for credit to be
				awarded;
(8) inform students of
				course requirement information which includes course content, grading policy,
				attendance requirements, course completion requirements, performance standards,
				and other related course information;
(9) evaluate progress of pre-apprenticeship
				students on the issue of academic performance and provide reports, as needed,
				to the district;
(10) retain the
				official grade report of the pre-apprenticeship student that records the term
				of enrollment, courses/credits attempted, courses/credits completed, grades and
				grade point average earned;
(11)
				provide final grades to the district for each pre-apprenticeship
				student;
(12) deliver final grades
				for all pre-apprenticeship students to the district with sufficient time to be
				included with final grades; this schedule shall be defined by the parties in
				the MOA and shall address the time frame appropriate for determining student
				graduation from high school;
(13)
				issue to student a certificate of completion acceptable to an apprenticeship
				training program; the certificate shall identify:
(a) coursework showing industry standards and
				benchmarks completed;
(b)
				competency level of skills attained; and
(c) certifying signature from district and
				instructor verifying student level of completion;
(14) comply with data collection and
				reporting.