Current through Register Vol. 35, No. 18, September 24, 2024
Where the administrative authority has reason to believe a
student is enrolled under an invalid enrollment the administrative authority
shall take the following action:
A.
Preliminary notice of contemplated action of disenrollment. The administrative
authority shall give a preliminary notice of contemplated action of
disenrollment to the student, through his/her parent or guardian, of the
contemplated disenrollment and the reasons therefore. The preliminary notice
shall be in writing, and mailed to the student not later than ten (10) school
days before the notice of disenrollment is to be mailed. The preliminary notice
shall state that:
(1) the student has a right
to respond, either in writing or in person, to the administrative authority
before the date of the contemplated action of disenrollment, and
(2) the student may attempt to resolve the
matter informally by presenting adequate evidence to the administrative
authority to refute the alleged reasons for the contemplated action of
disenrollment.
B. Stay
of proceedings. Where the question of the student's enrollment is under review
by an administrative agency in the state of New Mexico or any court of
competent jurisdiction, and written documentation has been filed with the
administrative authority establishing the pendency of the action, all
proceedings under this rule shall be stayed pending final determination of the
question by that agency or court.
C. Notice of disenrollment. Where the student
has not presented satisfactory evidence to cure the invalid enrollment and has
been afforded notice as required by Subsection A of Section 6.10.4.9 NMAC
above, the administrative authority shall give written notice to the student,
through his/her parent or guardian, that the student will be disenrolled. The
notice of disenrollment shall be mailed ten (10) school days after the mailing
of the preliminary notice of contemplated action of disenrollment. The notice
of disenrollment must include a copy of this rule and must advise the student,
through his/her parent or guardian, of the following.
(1) Subject to the procedure in Subsection C,
Paragraph (2) of Section 6.10.4.9 below, if satisfactory evidence to refute the
alleged reasons for the contemplated action of disenrollment is not submitted
to the administrative authority within ten (10) school days from the date of
mailing of the notice of disenrollment, the student will be
disenrolled.
(2) The student may,
at any time within ten (10) school days after the date of mailing of the notice
of disenrollment, present the administrative authority with an oral or written
request for a hearing on the matter.
(a) The
hearing shall be held within five (5) school days after receipt of a request
for hearing.
(b) The student may
appear at the hearing, with or without counsel, to refute the alleged reasons
for the disenrollment.
(c) The
student may present witnesses or evidence at the hearing, as well as question
any witnesses supporting disenrollment.
(3) Within five (5) school days after the
hearing, the hearing officer shall issue and mail to the student, through
his/her guardian, the decision setting forth his/her decision and the reasons
therefore.
(4) If the hearing
officer decides in favor of the student, the matter shall be closed. If the
hearing officer decides against the student, the student shall be disenrolled
from school five (5) school days from the date of mailing of the
decision.
(5) If no request for a
hearing is received within the time provided, the student shall be disenrolled
from school and shall be permitted to re-enroll only when all legal
requirements for enrollment are met.
D. Hearing officer. The administrative
authority may designate one or more of its staff to act as hearing officer for
disenrollment matters; who, upon referral of the case from the administrative
authority, shall follow the procedures set forth herein to afford the student
and his/her parent or guardian due process.
E. Hearing procedure. The hearing shall be
set within five (5) school days after an oral or written request for hearing is
received by the administrative authority.
(1)
The administrative authority/hearing officer shall conduct the hearing
informally but with dignity, firmness and fairness appropriate to the
importance of the proceedings.
(2)
Written minutes of the proceedings shall be kept. A verbatim transcript shall
not be required.
(3) The hearing
shall be conducted to afford the student due process, and shall provide:
(a) an opportunity for the student and
his/her parent or guardian to respond at the hearing;
(b) the right to present evidence;
(c) the right to confront adverse
witnesses;
(d) the right of cross
examination;
(e) the right to be
represented by counsel;
(f) the
right to have a decision based solely on the applicable legal rules and the
evidence presented at the hearing.
(4) Within five (5) school days after the
hearing, the hearing officer shall prepare and mail to the student, through
his/her parent or guardian, a written decision and the reasons
therefore.
