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

Universal Citation: 6 NM Admin Code 6.2.9.12

Current through Register Vol. 35, No. 18, September 24, 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.

C. Phase 1, phase 2 and final annual reports will be completed by the division according to the following procedures and deadlines:

(1) The division and state charter school may extend or revise deadlines in the process for phase 1 by documenting an agreement as to a new deadline in writing. If the school does not offer an appropriate deadline for purposes of providing the division with the missing information, the division director will impose a deadline with which the school shall comply.

(2) To create a phase 1 annual report, the division will include demographic and other information on the state charter school available to the division from the department and conduct an annual site visit.
(a) The division will provide at least 30 days prior written notice of each state charter school's annual site visit and include a copy of, or a hyperlink to, the approved site visit protocol in the notice. Site visits will not be scheduled if a state charter school notifies the division that critical testing is scheduled for the date of the proposed site visit. If the division does not provide 30 days advance notice, the annual site visit will be rescheduled upon written request of the state charter school. If the annual site visit needs to be rescheduled for any reason, it may be rescheduled at any time after the initial 30-day period, and an additional 30-day notice is not required.

(b) The division and the state charter school will conduct an exit meeting at the end of the annual site visit outlining the initial results of the division's findings. If the division determines that the state charter school did not provide information necessary for the division to complete its annual site visit evaluation, the parties will memorialize a list of missing information and the time frame for providing the information to the division during the exit meeting.

(c) Within 30 days following the exit meeting, the division will upload a phase 1 annual report based on the annual site visit findings to a data platform available for the state charter school to review at any time. The state charter school will provide missing information or correct the information to the division within the time frame agreed to by the division and the school.

(3) In order to complete the final annual report, the following actions will take place:
(a) No later than 45 days prior to a commission meeting to consider the final annual reports, the division will provide to the state charter school for review and comment a phase 2 annual report reflecting performance, including all information that has been made available. The division will identify in the phase 2 annual report unsatisfactory performance, uncorrected unsatisfactory performance, the facts in support of unsatisfactory performance, and the division's recommendation to the commission. The phase 2 annual report shall contain the division's initial assessment as to school's performance according to the rating set forth in each completed section of the performance framework, and may contain the division's recommendation to the commission regarding the commission's annual report notice, including the specific type of notice that the division is recommending be issued, its factual basis for that recommendation, and the recommended time frame for completion of the corrective action.

(b) The state charter school may provide a written response to the division's phase 2 annual report within 20 days of receipt from the division, including the state charter school's response to the division's assessment regarding correction of unsatisfactory performance if the state charter school received an annual report notice from the commission for the previous school year. The response shall include documents or other evidence to support the state charter school's response.

(c) The division will consider the state charter school response and create a final annual report or a final annual report completed in part and include all unresolved state charter school's responses, if any, to the phase 2 annual report. The division will provide the final annual report to the school and the commission seven days prior to the commission meeting at which the final annual report or the final annual report completed in part will be considered by the commission. The division may move presentation of an annual report to the next meeting of the commission if it needs more time to consider changes proposed by a state charter school.

(d) The division will present its final annual report or the final annual report completed in part to the commission at a public meeting, and the state charter school may attend the commission meeting at which the final annual report will be discussed.

(4) If a final report has been completed in part, when the reserved sections can be completed, the annual report may be reopened and those reserved sections may be completed using the phase 2 process set forth above related to the reserved sections; however no sections other than those reserved may be reopened.

D. The commission shall take the following steps after consideration of the final annual report or final annual report completed in part.

(1) The commission will:
(a) accept the final annual report or final annual report completed in part at a public meeting of the commission;

(b) issue an annual report notice; or

(c) if circumstances exist to support revocation, take action to start a revocation process pursuant to this rule.

(2) If the commission votes to issue an annual report notice other than notice of exemplary or satisfactory performance, or to commence action under the intervention ladder when the division recommended the issuance of a notice of exemplary or satisfactory performance, the commission's notice shall include a notice to the state charter school that it may, within 10 days of receipt of the notice, present a written response to the commission's action(s) to be included in the record of performance of the charter school. The state charter school may also request an opportunity to be heard at the next meeting of the commission and request reconsideration of the commission's decision to impose corrective action.

(3) Within 10 days after the commission meeting the commission shall provide a written notice to the school if the commission has accepted the final annual report or final annual report completed in part, identify the annual report notice issued by the commission, and reference the annual report which identifies the unsatisfactory performance requiring corrective action with sufficient specificity such that the state charter school can take appropriate measures to correct its performance.

(4) The final annual report or final annual report completed in part and the action of the commission shall be made part of the record of the state charter school performance. If a state charter school later corrects unsatisfactory performance, the final annual report or final annual report completed in part shall not be reopened and the rating changed; instead, the corrected unsatisfactory performance shall be noted in the final annual report for the next year or in the assessment of a renewal application, if the state charter school is submitting a renewal application that year.

(5) Any action to revoke or not renew a state charter school's charter contract will be in accordance with the state charter school's charter contract, and applicable laws and rules.

E. Acceptance of an annual report shall be by action taken by the commission at a public meeting that acknowledges receipt of an annual report from the division as part of the record of performance during the contract term.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.