New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 60 - SCHOOL PERSONNEL - GENERAL PROVISIONS › Part 5 - COMPETENCY TESTING FOR LICENSURE › Section 6.60.5.14 - LIMITED DISCOVERY RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The NMTA is the primary PED-approved teacher test for the
				  state of New Mexico. It was developed by the test administrator under contract
				  with the PED to help identify candidates for educator licensure who have
				  demonstrated the level of knowledge and skills necessary for performing the
				  duties of a teacher in New Mexico's public schools. The PED holds the exclusive
				  copyright on the NMTA. As such, the PED must safeguard not only the copyright
				  but also the confidentiality of the NMTA. Any testing applicant who timely
				  requests a meeting or a hearing as permitted by this rule shall have only
				  limited access to the questions and answers of the applicant's NMTA or related
				  materials.
A. Given the proprietary
				nature of the NMTA or related materials, under no circumstance shall a testing
				applicant's disputed or undisputed NMTA be released to a testing applicant,
				attorney, representative, or the general public.
B. Upon request made to the director, a
				testing applicant, and an attorney, or representative shall be given as much
				access to the applicant's disputed or undisputed NMTA or related materials as
				is deemed reasonably necessary by the director, or hearing officer as the case
				may be, to prepare for pending meeting or hearing.
C. Anyone given permission to view a testing
				applicant's disputed or undisputed NMTA or related materials, must sign a
				confidentiality agreement offered by the PED. An NMTA or related materials may
				only be viewed during routine office hours of the PED under supervision of a
				PED employee and on the PED premises. No NMTA or related materials may be
				written on, marked, electronically copied, hand-duplicated, or otherwise
				removed from the premises of the PED. The form, subject matter, substance and
				wording of any NMTA test question or answer may also not be removed from the
				premises of the PED nor may they be further disclosed in any other way. A
				person granted permission to review the materials covered by this section may
				not bring any manual or electronic copying devices to the location where the
				materials are offered. Such copying devices referred to in the preceding
				sentence shall include but not be limited to cameras, camcorders, tape
				recorders, writing utensils, hand-held computers, paper, briefcases, etc. The
				said confidentiality agreement shall accomplish this as well as other
				test-security goals. Anyone who enters the PED premises to review the materials
				covered by this section and who violates or attempts to violate any protected
				security measure may, at the discretion of the PED, be removed from the
				premises and be considered to have forfeited any additional access to an
				applicant's disputed or undisputed NMTA or related materials.
D. The original or copy of any NMTA or
				related materials used as evidence at any meeting or hearing shall also be
				subject to confidentiality by all attendees and participants. Accordingly, all
				such meetings or hearings shall be closed to the public.