reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.9 - PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. A post-secondary
				institution operating with a physical presence in New Mexico that intends to
				cease operations, cease program offerings that contain enrolled students, or
				make a substantial change to location must present a plan to the
				department.
B. Post-secondary
				institutions that are required to seek approval of such a plan by an
				accrediting body must submit the plan to the department within seven days of
				receiving approval by the accrediting body.
C. Post-secondary institutions that are not
				required to seek approval of a plan by an accrediting body must submit a plan
				to the department as soon as practical but in no case less than 90 days prior
				to closure, ceasing a program offering that contains enrolled students, or
				making substantial change to location.
D. The plan must include provisions for
				teach-out agreements, completion of programs by enrolled students, perpetual
				care and maintenance of student records, and identification and location of a
				responsible agent for the institution for a period of at least one year
				following closure.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.11 - RECORDS MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				post-secondary institution operating with a physical presence in the state of
				New Mexico upon submitting intent to close must ensure that records are in
				compliance with the functional records retention and disposition schedule in
				1.21.2 NMAC, the records retention schedule set by the department, regulations
				of any other authorizing agency, or laws, regulations and rules of any other
				authorizing jurisdiction or territory, whichever is longest in time. If another
				authorizing agency of the institution requires a longer period of retention
				than that of 1.21.2 NMAC, the longest retention period shall prevail.
B. If a post-secondary institution
				discontinues its operation, the manager shall file with the designated
				custodian of records, the original or legible true copies of all educational
				records required to be maintained as a condition of state authorization
				pursuant to 5.100.6 NMAC or 5.100.7 NMAC. For institutions granted express
				exemption by the department pursuant to Section
				21-23-4
				NMSA 1978 and 5.100.5 NMAC, the manager must file to the designated custodian
				of records the original or legible true copies of student records. The
				institution must maintain at a minimum, the student's enrollment agreement,
				student transcript, record indicating program completion (either certificate,
				diploma, degree, or other like proof of completion) and student financial aid
				records. Any institution that closes and has not operated lawfully pursuant to
				the Post-Secondary Educational Institution Act, must file to a designated
				custodian of records, the original or legible true copies of student records to
				include, the institution must maintain at a minimum, the student's enrollment
				agreement, student transcript, record indicating program completion (either
				certificate, diploma, degree, or other like proof of completion), and student
				financial aid records. A written detailed description for how records will be
				maintained following the closure shall be provided to the department in a plan
				for the perpetual care and maintenance of records. The written plan must
				include, but is not limited to the following:
(1) certification that the post-secondary
				institution is in compliance with the functional records retention and
				disposition schedule in 1.21.2 NMAC, the records retention schedule set by the
				department, and any other authorizing agencies laws, regulations and rules,
				whichever is longest in time;
(2)
				designation of a custodian of records;
(3) physical address of hard copy
				files;
(4) physical address of
				digital files; and
(5) process for
				obtaining transcripts or other records from the custodian of
				record.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.12 - FINAL EXECUTION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Before any post-secondary institution terminates its services
				  or sells, transfers or disposes of substantially all of its assets, it shall
				  submit to the department a summary of all actions taken pursuant to the
				  requirements set forth in all applicable Sections of 5.100.8 NMAC. The
				  post-secondary institution must also submit certification that it has met all
				  rules of the department pertaining to the termination of operations by
				  post-secondary educational institutions.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Education Department, hereinafter the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The department hereby creates the professional practices and
				  standards council (PPSC) whose purpose shall be to ensure that high standards
				  are maintained in the preparation and practice of professional educators and
				  support providers licensed by the department. The PPSC shall advise the
				  secretary of education (secretary) and the department on matters related to the
				  approval of educator preparatory programs, licensure, professional development,
				  and ethics of licensed school personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-2-2, and
				  9-24-8, NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 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 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of the PPSC is to ensure that high standards are
				  maintained in the preparation and practice of professional licensed school
				  personnel. The creation of the PPPSC recognizes that persons licensed by the
				  department comprise a profession, with all of the rights, responsibilities and
				  privileges accorded professions, having their first obligation to the public
				  they serve. The primary responsibilities of this profession are to educate the
				  children of this state and to improve the professional practices and ethical
				  conduct of the members of the profession.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.8 - RECOMMENDATIONS FOR APPROVAL OF EDUCATOR PREPARATION PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
Matters pertaining to educator preparation programs shall
				  include:
A. recommending standards to
				govern the approval of educator preparation programs; and
B. establishing procedures for assessing
				educator preparation programs in compliance with standards approved by the
				department; these procedures shall include provisions for a comprehensive
				evaluation of course content, an on-site visitation, and recommending the
				approval or disapproval of programs designed to prepare professional education
				personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.9 - LICENSURE OF SCHOOL PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
Matters pertaining to licensure of school personnel shall
				  include: recommending licensure standards for all professional and
				  paraprofessional school personnel.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.10 - PROFESSIONAL DEVELOPMENT OF SCHOOL PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
Matters pertaining to professional development of school
				  personnel shall include:
A.
				recommending professional development standards and framework for all
				professional and paraprofessional school personnel;
B. recommending approval of state funding for
				professional development providers and projects.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.11 - ETHICS OF LICENSED SCHOOL PERSONNEL AND RELATED MATTERS

Current through Register Vol. 35, No. 13, July 16, 2024
Matters pertaining to ethics shall include:
A. recommending to the department any changes
				to its code of ethics or standards of professional conduct for all licensed
				personnel; and
B. recommending to
				the department in cases in which it has been asked by the educator quality
				division of the department to perform a summary review, that a notice of
				contemplated action be issued seeking the reprimand of a licensed educator, or
				suspension or revocation of a license held by a licensed educator according to
				law for incompetency, immorality or for any good and just cause.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.12 - ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Composition of
				the council: The PPSC shall consist of 20 voting members appointed to four
				subcommittees by the secretary according to the following criteria:
(1) Five members shall be appointed to each
				of the following subcommittees of the council:
(a) the educator preparation
				committee;
(b) the licensure
				committee;
(c) the professional
				development committee; and
(d) the
				ethics committee.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.13 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Time and
				frequency: The full PPSC shall meet at the call of the chairperson or at the
				request of the secretary. Subcommittees shall meet as needed at the call of the
				chairperson of each subcommittee in collaboration with department staff.
				Notification of meetings will be given in accordance with the PPSC's open
				meeting policy pursuant to the Open Meeting Act, Section
				10-15-1 et sq. NMSA 1978 but at
				least 10 days prior to the day of the meeting. Eleven members shall constitute
				a quorum of the entire PPSC. Three members shall constitute a quorum of the
				subcommittees.
B. Rules and
				procedures: Meetings of the PPSC, subcommittees, and task forces shall be
				governed by the following rules.
(1) The
				chairperson and vice-chair or designee in their absence shall preside at all
				meetings.
(2) The presiding officer
				shall neither introduce nor second a motion.
(3) A motion shall require a simple majority
				of those present to pass.
(4) A
				motion shall be in order as long as no previous motion is on the
				floor.
(5) Minutes shall be taken
				at all open sessions of the PPSC and subcommittees. The minutes shall be made
				available to public inspection.
(6)
				The PPSC may develop rules of procedure consistent with the provisions of this
				rule.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.14 - REPORTS TO THE SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				PPSC or subcommittee chairperson will prepare a written or oral report after
				each meeting and will present it to the secretary. The decision of the
				secretary will be reported to the PPSC or its subcommittee(s) at the next
				meeting.
B. Recommendations to be
				submitted to the secretary for action shall require a simple majority approval
				by the PPSC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 8 - OPERATIONAL BYLAWS OF THE PROFESSIONAL PRACTICES AND STANDARDS COUNCIL › Section 6.2.8.15 - SUPPORT OF THE COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				educator quality division of the department shall serve as the staff office of
				the PPSC. All communications to the PPSC shall be addressed to: Professional
				Practices and Standards Council, c/o Educator Quality and Ethics, Public
				Education Department, Jerry Apodaca Education Building, Santa Fe, New Mexico
				87501-2786.
B. PPSC members may
				submit travel claims to the department under the provisions of the Per Diem and
				Mileage act Sections
				10-8-1 et Seq NMSA 1978. Such
				claims will be reviewed by the fiscal office of the department for compliance
				with the state statutes and department procedures. Under no condition shall a
				member claim mileage and per diem from the department when such a claim has
				been made to another agency.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Education Department, hereinafter the
				  department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule shall apply to all procedures, forms, and protocols
				  of the public education commission in relation to state-chartered charter
				  schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is being promulgated pursuant to Sections
				  9-24-8,
				  22-2-1,
				  22-2-2, and
				  22-8B-5.3 NMSA
				  1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 31, 2023, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The department promulgates this rule acted upon by the public
				  education commission for its procedures, forms, and protocols in relation to
				  state-chartered charter schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Act"
means the Charter Schools Act Sections
				22-8B-1 through
				22-8B-17.1 NMSA 1978, as may be
				amended
.
B.
"Annual report notice"
means any of the following notices, or
				combination thereof, issued by the commission that may result from a review of
				the annual report:
(1) Notice of exemplary
				performance;
(2) Notice of
				satisfactory performance;
(3)
				Notice of unsatisfactory performance;
(4) Notice of uncorrected unsatisfactory
				performance; or
(5) Notice of
				action to be initiated under the intervention ladder.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.8 - SCHEDULE FOR STATE CHARTER SCHOOL PROCEDURE-MAKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In support of high-stakes decisions made
				by the commission, the commission shall create procedures related to its
				ministerial responsibilities of oversight and monitoring state charter schools
				that will be used by the commission and division consistent with their
				authority under the act. The commission's procedures may be modified following
				the procedures adopted in this rule. The commission shall post all procedures
				in a central location on the commission's website or in an authorizing manual
				available to the public on the commission's website.
B. In adopting changes to procedures, the
				commission shall:
(1) provide public notice to
				those who request notice of commission action that procedure changes are being
				considered by the commission pursuant to this rule;
(2) provide written notice on commission
				meeting agendas of the two working sessions at which the commission will review
				each draft procedure and accept written and oral comments;
(3) accept public written comments up to the
				start of the second working session and in-person or virtual comments during
				the two working sessions;
(4)
				provide written notice on a commission meeting agenda indicating when the
				commission will consider adoption of each procedure; and
(5) post the adopted forms and procedures on
				the commission website where all procedures are located.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.9 - PROCEDURE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				procedures of the commissionare effective until amended or repealed; will only
				be revised as determined by the commission to be necessary, in a manner
				consistent with national best practices and conforming to legislative changes;
				will follow the schedule set forth here and are applicable
				prospectively.
B. Any new or
				revised commission procedures shall be effective as of July 1 of the following
				fiscal year unless the commission identifies an exceptional circumstance
				requiring an immediate change or implementation. If a new or revised renewal
				application form is approved effective as of July 1, it will be used by schools
				that are scheduled to submit a renewal application fourteen months or later
				from the effective date. Schools that will be submitting a renewal application
				the next September, or two months from the effective date of the new or revised
				renewal application form, will use the form that was in effect prior to July 1
				unless otherwise agreed to between the renewing schools and the
				commission.
C. A new procedure or
				revisions to an existing procedure may be proposed by a member of the
				commission, or the division director on behalf of the division or another
				division of the department. All procedure revisions contemplated by this
				section shall comply with the notice and comment procedures as set forth in
				6.2.9.8 NMAC.
D. This section does not apply to changes in
				scheduling dates, inclusion of legislative changes or the inclusion of minor
				changes that do not change the required provisions of the existing procedure
				such as corrective typographical errors or providing clarification. Such
				changes may be adopted by the commission at its discretion, with reasonable
				notice to those affected by the change(s) and posted to the website as set
				forth in 6.2.9.8 NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.10 - OUT-OF-CYCLE PROCEDURE-MAKING; EXCEPTIONAL CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Exceptional circumstances for implementing a procedure
				  immediately, or with an effective date other than those described in
				  6.2.9.9 NMAC shall be found when
				  needed to:
A. protect the immediate
				heath, welfare, or education of state charter school employees, students and
				others doing business at state charter schools;
B. address new case law affecting the
				commission or state charter schools;
C. address statutory changes;
D. address changes to public education
				department rules; or
E. address
				other exceptional or emergency circumstances as determined by the
				commission.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.11 - RECORD OF STATE CHARTER SCHOOL PERFORMANCE AND STATE CHARTER SCHOOL EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. During the term
				of the charter contract, the state charter school, commission, and division
				will develop a record of the state charter school performance. This will
				include:
(1) the charter contract between the
				commission and the state charter school;
(2) all final annual reports prepared by the
				division and accepted by the commission;
(3) all annual report notices issued by the
				commission;
(4) documentation
				provided by the state charter school to the division and commission or
				identified by the division of corrected or uncorrected unsatisfactory
				performance identified in a previous final annual report or commission
				notice;
(5) documentation of
				actions taken by the commission under the intervention ladder and the results
				of the corrective action imposed, including a return to good standing by the
				commission, if provided;
(6) the
				state charter school's complete initial or renewal application to the
				commission;
(7) the division's
				written analysis of the initial or renewal application, the division's
				recommendation regarding approval or renewal of the application to the
				commission, and the response of the applicant for a new charter school or an
				existing renewing state charter school to the division's analysis and
				recommendation(s); and
(8) other
				documents, notices, or recommendations that are created pursuant to the
				processes set forth in this rule and provided by the commission or division to
				the state charter school regarding school performance.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.12 - ANNUAL SITE VISIT AND ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division will conduct an annual site
				visit to provide technical assistance to the state charter school, and to
				evaluate the school's annual progress toward the performance framework goals
				and compliance with the charter contract. The division will prioritize
				completing the annual site visits and presentation of final annual reports for
				those state charter schools that have submitted a renewal application and those
				state charter schools that have an unresolved annual report notice showing
				unsatisfactory performance or a corrective action plan in place.
B. The division's site visit will include
				review of whether the state charter school is:
(1) complying with the terms of the charter
				contract, including any conditions;
(2) meeting the indicators and targets as set
				forth in the performance framework;
(3) correcting or has corrected
				unsatisfactory performance;
(4)
				correcting or has corrected uncorrected unsatisfactory performance identified
				in an annual report notice; and
(5)
				completing or has completed actions that cure intervention imposed by the
				commission pursuant to
				6.2.9.13 NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.13 - CORRECTIVE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following actions are to be taken regarding the unsatisfactory performance by
				the state charter school or in response to an annual report notice.
(1) If the performance framework reflects
				unsatisfactory performance on one or more indicator, but the commission did not
				find that an annual report notice for unsatisfactory performance or uncorrected
				unsatisfactory performance was warranted, the state charter school shall take
				action to improve its performance on the specific indicators and shall provide
				information to the division of improvements made no later than the next annual
				site visit unless otherwise indicated by the commission in the notification
				provided for in Subsection D of
				6.2.9.12 NMAC. The division will
				provide an assessment of the improvement during the next annual report cycle,
				or earlier if the division deems it necessary to recommend action under the
				intervention ladder.
(2) If an
				annual report notice for unsatisfactory performance or uncorrected
				unsatisfactory performance has been issued by the commission, the state charter
				school shall take action to correct unsatisfactory performance by providing
				information to the division of the corrected performance within the timeframe
				set in the commission's notice. The division will provide updates to the
				commission at intervals as set forth in the annual report notice, and report to
				the commission if the unsatisfactory performance has been corrected. The
				division may recommend that a notice of uncorrected unsatisfactory performance
				be issued on the next final annual report or recommend at any time that action
				be taken under the intervention ladder if there is a lack of progress by the
				state charter school as contemplated by the annual report notice.
(3) During the third or fourth year of the
				charter term, a governing body with renewal concerns based on unsatisfactory
				performance in the record of performance may request an informal pre-renewal
				review meeting. If the request is made, a group of the governing body for the
				state charter school making up less than a quorum of the governing body, staff
				from the state charter school, the division, and a group of commissioners
				making up less than a quorum of the commission identified by the executive
				committee of the commission will meet to provide input to the state charter
				school on suggested areas of improvement before submitting the renewal
				application. The meetings and discussions will be considered technical
				assistance and will not be made part of the record of performance.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.14 - TRIBAL CONSULTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				state charter school applicant wants to open a charter school on tribal land,
				it shall negotiate with and receive the tribal government's approval for the
				public school before the commission acts on the application. The applicant
				shall adhere to requirements for tribal consultation in Section
				22-8B-12.2 NMSA 1978.
B. When the commission is contemplating
				closing a state charter school located on tribal land, for any reason,
				suspension, revocation, or non-renewal, it shall consult with tribal leaders
				and members and families of students attending the charter school, and shall
				adhere to the requirements of Section
				22-8B-12.2 NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.15 - NEW SCHOOL APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The division will analyze each new state charter school application, consider
				information and analysis provided in accordance with the act, and prepare a
				preliminary renewal analysis. The preliminary renewal analysis may include the
				division's preliminary recommendation to the commission whether to approve,
				approve with conditions, or to not approve the school's charter contract in
				addition to other information as directed by the commission.
B. The applicant may provide a written
				response to the preliminary renewal analysis within 10 days of receipt of the
				analysis. If the division agrees with the applicant's response, the division
				will modify the final analysis before submitting it to the commission and
				provide an updated analysis to the applicant. If the division disagrees with
				the applicant's response in whole or in part, it will provide reasons why it
				disagrees with the applicant's response in its final analysis and include the
				applicant's response in the division's final analysis submitted to the
				commission.
C. No later than 30
				days prior to the new application hearing, the commission shall identify in
				writing for each applicant preliminary issues of concerns or requests for
				further information to allow the applicant to prepare for the
				hearing.
D. The division will
				submit its final analysis as described in this section to the commission, seven
				days prior to the new application hearing.
E. The commission shall determine if an
				application is approved, approved with conditions, or not approved in
				accordance with law and this rule.
F. An applicant may appeal the decision to
				the secretary in accordance with Section
				22-8B-7 NMSA 1978 and provisions
				of 6.80.4.13 NMAC.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 2 - PUBLIC EDUCATION DEPARTMENT - COMMISSIONS AND ADVISORY BOARDS › Part 9 - PUBLIC EDUCATION COMMISSION STATE CHARTER SCHOOL PROCEDURES › Section 6.2.9.17 - REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission
				may revoke the school's charter contract if legal grounds exist pursuant to the
				act. If immediate revocation is warranted, or if the state charter school does
				not provide a corrective action plan accepted by commission, or if the state
				charter school fails to timely cure the violation as contemplated in the
				corrective action plan, the commission may vote to proceed with
				revocation.
B. The commission shall
				provide the school with a notice of intent to revoke that includes the legal
				basis for revocation as contemplated in the act and a date, time, and place for
				a revocation hearing. The hearing shall be in Santa Fe or the county in which
				the school is located, as agreed upon between the parties. Unless a need for
				emergency revocation or suspension is identified, the hearing shall be held not
				more than 60 nor less than 30 days from the date of service of said notice. The
				full record of performance, including any transcripts or commission meetings
				relating to discussion of unsatisfactory performance, will be considered as
				part of the record without further evidentiary foundation needed. Within five
				days, the chairperson of the commission, with counsel, will meet with the
				parties and counsel to confirm anticipated witnesses and documents to be
				presented, including how to address any new information that the parties may
				wish to present, and memorialize the anticipated witnesses, documents, process,
				and timelines as established in the meeting.
C. The revocation hearing shall be conducted
				as follows:
(1) Counsel presenting the case
				for revocation shall have one hour to present evidence for revocation to the
				commission. The counsel presenting the case for revocation may present witness
				testimony or documentary evidence, and may question the school representatives
				in appearance, excluding legal counsel.
(2) After the commission's counsel's
				presentation, the school shall have one hour to present evidence to defend
				against the recommended revocation. The school may present witness testimony or
				documentary evidence, and may present witness testimony or documentary
				evidence, and may question the division representative in appearance or other
				representatives in appearance to defend against the revocation.
(3) Commission members may ask questions of
				the division, the commission's counsel or witnesses, the school, its attorney,
				and the school's witnesses during the presentations and may take up to one hour
				after the commission's counsel and the state charter school's presentations to
				ask additional questions related to grounds for revocation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 2 - UNITED STATES FLAG AND THE PLEDGE OF ALLEGIANCE › Section 6.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Sections
				  22-2-9
				  and
				  22-5-4.5,
				  NMSA, 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 2 - UNITED STATES FLAG AND THE PLEDGE OF ALLEGIANCE › Section 6.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To require the proper display of the United States flag and
				  the recitation of the pledge of allegiance.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 2 - UNITED STATES FLAG AND THE PLEDGE OF ALLEGIANCE › Section 6.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Flag," "stars
				and stripes," and "national flag" means the United States of America
				flag.
B. "Union" means the blue
				filled with stars.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 2 - UNITED STATES FLAG AND THE PLEDGE OF ALLEGIANCE › Section 6.10.2.8 - GOVERNING THE UNITED STATES FLAG AND PLEDGE OF ALLEGIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The United States flag shall be displayed
				and flown at all public schools throughout the state from sunrise to sunset on
				all days school is in session. Should another flag be flown or displayed during
				such period, it shall not be flown or displayed at a height greater than the
				height at which the United States flag is flown or displayed. No flag shall be
				flown or displayed in lieu of the United States flag on said property when the
				United States flag is not being flown or displayed.
B. The pledge of allegiance shall be recited
				each day in each public school within the state.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Public education department, local educational agencies,
				  charter schools, public agencies, or consortia of agencies.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-2-2,
				  and
				  22-9-3
				  NMSA 1978; 20 US Code Sections 1681 et seq; 42 US Code Section 11432(g)(1)(c),
				  34 Code of Federal Regulations Parts 106 and 299.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.5 - 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 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes written procedures for:
A. receiving and resolving a complaint from
				an individual or organization that the public education department or an agency
				or consortium of agencies is violating a federal statute or regulation that
				applies to an applicable or covered program;
B. reviewing an appeal from a decision of an
				agency or consortium of agencies with respect to a complaint;
C. conducting an independent on-site
				investigation of a complaint if the public education department determines that
				an on-site investigation is necessary;
D. resolving complaints of discrimination
				based on sex regarding educational programs of the public education department
				that are alleged to be a violation of Title IX of the Education Amendments of
				1972; and
E. resolving complaints
				brought pursuant to the McKinney-Vento Education for Homeless Children and
				Youth Act (
				42
				USC Section 11432 (g)(1)(c) ).
[Complaints alleging violations of statutes or regulations
				  governing special education and related services for children with disabilities
				  are covered under Subsection H of 6.31.2.13 NMAC.]
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Applicable
				program" means any of the following Elementary and Secondary Education Act (
				20
				U.S.C. 2701 et. seq.) programs:
(1) Part A of Title I (Improving Basic
				Programs Operated by Local Educational Agencies);
(2) Part B of Title I (Student Reading Skills
				Improvement Grants);
(3) Part C of
				Title I (Education of Migratory Children);
(4) Part D of Title I (Prevention and
				Intervention Programs for Children and Youth Who are Neglected, Delinquent, or
				At-Risk);
(5) Title II (Preparing,
				Training, and Recruiting High Quality Teachers and Principals);
(6) Language Instruction for Limited English
				Proficient and Immigrant Students;
(7) Title IV (21st Century Schools (other
				than Subpart 2 of Part A, National Programs);
(8) Title V (Promoting Informed Parental
				Choice and Innovative Programs) (other than Subpart 8 and Subpart 12);
				and
(9) Part A of Title VII
				(Indian, Native Hawaiian, and Alaska Native Education).
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.8 - FILING A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department will accept and investigate complaints from organizations or
				individuals with respect to applicable or covered programs. The complaint must:
(1) be written;
(2) be signed by the complaining party or his
				or her designated representative;
(3) contain a statement that the department
				or an agency or consortium of agencies has violated a requirement of a federal
				statute or regulation that applies to the program;
(4) contain a statement of the facts on which
				the complaint is based and the specific requirement alleged to have been
				violated; and
(5) in the case of
				Title IX, must contain a statement that the department or any of its employees,
				has discriminated against the complainant on the basis of sex in regard to an
				education program or activity operated or managed by the department given that
				the department is a recipient of federal financial assistance.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.9 - COMPLAINTS AGAINST AN AGENCY OR CONSORTIUM OF AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Impartial review. Upon receipt of a
				complaint which meets the requirements of Section 6.10.3.8 of this rule, the
				department will:
(1) acknowledge receipt of
				the complaint in writing;
(2)
				provide written notice to the agency or consortium of agencies against which
				the violation has been alleged;
(3)
				conduct an impartial investigation which shall include a review of all relevant
				documentation presented and may include an independent on-site investigation,
				if determined necessary by the department;
(4) give the complainant the opportunity to
				submit additional information, either orally or in writing, about the
				allegations in the complaint; and
(5) review all relevant information and make
				an independent determination as to whether the agency or consortium of agencies
				is violating a requirement of an applicable federal statute or
				regulation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.10 - COMPLAINTS AGAINST THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the complaint concerns a violation by
				the department and meets the applicable requirements of 6.10.3.8 NMAC, the
				secretary of education or designee will appoint an impartial person or
				impartial persons to conduct an investigation.
B. Investigation. The person or persons
				appointed pursuant to this section will:
(1)
				acknowledge receipt of the complaint in writing;
(2) undertake an impartial investigation
				which shall include a review of all relevant documentation presented and may
				include an independent on-site investigation, if necessary;
(3) give the complainant the opportunity to
				submit additional information, either orally or in writing, about the
				allegations in the complaint; and
(4) review all relevant information and make
				an independent determination as to whether the department is violating a
				requirement of an applicable federal statute or regulation.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.11 - EXTENSION OF TIME LIMIT

Current through Register Vol. 35, No. 13, July 16, 2024
An extension of the time limit under
				  6.10.3.9
				  NMAC and
				  6.10.3.10
				  NMAC of this rule will be permitted by the secretary of education or designee
				  only if exceptional circumstances exist with respect to a particular
				  complaint.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.12 - NOTICE TO PARENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Public school districts, charter schools and agencies will
				  disseminate, free of charge, adequate information about the complaint
				  procedures to parents of students, and appropriate private school officials or
				  representatives.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 3 - COMPLAINT PROCEDURE › Section 6.10.3.13 - CONFLICTS

Current through Register Vol. 35, No. 13, July 16, 2024
If any statute or regulation governing any federal program
				  subject to this rule affords procedural rights to a complainant exceeding those
				  set forth in this rule, such statutory or regulatory right(s) shall be afforded
				  to the complainant. In acknowledging receipt of the complaint in such a case,
				  the secretary of education or designee shall identify the procedures applicable
				  to that complaint.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.1 - 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 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to local school boards and school
				  districts.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 10 - PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS › Part 4 - DISENROLLMENT WHEN A STUDENT IS NOT LEAGALLY ENROLLED IN SCHOOL › Section 6.10.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Sections
				  22-2-1
				  and
				  22-2-2,
				  NMSA 1978.