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
Universal Citation: 6 NM Admin Code 6.2.9.13
Current through Register Vol. 35, No. 18, September 24, 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.
B. Throughout the term of the charter contract, the commission may take action when appropriate under the intervention ladder.
(1) If the division is
the entity that identifies an intervention concern:
(a) the division will notify the school.
Information establishing unsatisfactory performance giving rise to possible
action under the intervention ladder may be obtained from sources such as other
divisions and bureaus of the department or other state or federal
agencies.
(b) unless the division
finds that the unsatisfactory performance requires immediate action by the
commission, the division will provide the state charter school with an
opportunity to remedy the unsatisfactory performance without commission
intervention under the intervention ladder.
(c) if the division determines that the
intervention concern may require immediate intervention by the commission or
that the state charter school has failed to remedy the intervention concern
after notice from the division, the division will present information of the
intervention concern to the commission at a public meeting.
(2) If the commission decides to
issue a notice of intent to commence action under intervention ladder, whether
the intervention concern is presented by the division or the commission
determines that it will commence action based on an intervention concern
presented at a commission meeting, the commission will provide written notice
to the state charter school's representatives of the date and time of the
meeting at which the commission will consider whether to impose interventions
pursuant to this section. The meeting shall be scheduled for the next regular
meeting, no sooner than 10 days from the date of the commission's notice to the
state charter school, except in exigent circumstances implicating health,
safety, or financial impropriety, that could jeopardize the ongoing operations
of the state charter school.
(3) At
the commission meeting where it will consider commencing action under the
intervention ladder, the division will present information supporting the
position that commission intervention pursuant to this section is warranted.
The state charter school may present written and oral rebuttal information to
the commission prior to a commission decision to impose
interventions.
(4) The commission
may decide whether to impose appropriate interventions, after considering the
information provided by the division and the state charter school.
(5) The commission may impose the following
interventions related to an intervention concern:
(a) issue a notice of concern identifying the
uncorrected unsatisfactory performance that includes expected outcomes and
deadlines for addressing all issues and a deadline by which the school shall
present the division with a corrective action plan to address the identified
issues;
(b) issue a notice of
breach of the state charter school's charter contract for a state charter
school's failure to correct a notice of concern according to its terms if said
failure constitutes a breach of contract, or for violating any material terms
of the contract that are serious enough to justify a heightened response by the
commission. If the commission issues a notice of breach, the written notice of
breach shall include the specific contract sections the commission alleges have
been violated, the evidence upon which the commission contends a breach of the
charter contract has occurred, and a deadline by which the school shall present
the division with a corrective action plan to address the identified contract
violations; or
(c) issue a notice
of potential non-renewalor potential renewal with conditions, if the state
charter school is in the last two years of its charter term and the commission
finds that the facts warrant the issuance of the notice. The commission shall
identify the legal basis for the possible nonrenewal or renewal with
conditions, and shall include in its notice of possible non-renewal or renewal
with conditions, a summary of the evidence supporting that conclusion; the
required action by the state charter school to remedy the unsatisfactory
performance giving rise to the notice of potential non-renewal or potential
renewal with conditions; and the timeline for satisfying the
requirements.
(6) Any
corrective action plan required by this section shall be created and
implemented as follows:
(a) The state charter
school shall develop a corrective action plan by the date specified in the
notice that addresses the identified intervention concern and that aligns with
the expected outcomes and deadlines set forth in the notice and provide the
document to the division for comments and suggested clarifications. The plan
shall be due no sooner than 10 days from the state charter school's receipt of
the notice of concern. An approved corrective action plan shall contain the
following elements:
(i) name of state charter
school representative responsible for ensuring completion of the corrective
action plan and reporting to the division and commission;
(ii) specific actions to be taken by the
state charter school and the staff positions anticipated to complete the
actions to address the unsatisfactory performance; and
(iii) date(s) by which the state charter
school is to submit report(s) to the commission and division on progress of or
completion of the actions identified in the corrective action plan.
(b) The division, as part of its
recommendation to the commission, will present its assessment of the adequacy
of the plan and provide the division's plan to monitor the school's compliance.
The division will create a corrective action monitoring tool to monitor and
provide written progress reports periodically to the commission and state
charter school and to be provided to the commission as part of the
commission-approved corrective action plan.
(c) The commission, or a subcommittee of the
commission if designated by the commission, shall consider the state charter
school's proposed corrective action plan by a date specified in the notice of
concern and, if the plan is found to be inadequate, may require the state
charter school to improve the corrective action plan or take further action
under the intervention ladder.
(d)
The time for completing an accepted corrective action plan shall commence from
the date the commission approves the plan.
(e) The state charter school may request
amendment of the corrective action plan by providing notice to the division of
the proposed changes. Non-substantive, minor changes to the commission-approved
plan may be approved by the division in writing. Substantive changes shall be
approved by the commission at a public meeting.
C. Nothing herein shall preclude the commission from commencing revocation proceedings as set forth in 6.2.9.17 NMAC if ongoing monitoring activities reveal circumstances that warrant revocation.
D. The commission shall vote to reinstate a state charter school's good standing upon the division providing information that the state charter school has corrected the concerns that gave rise to a notice of concern or notice of breach. Reinstatement of the school's good standing shall be evidenced in writing, made a part of the record of performance for the state charter school, and the state charter school's corrective actions may be used to support renewal or renewal with conditions.
E. Action taken by the commission pursuant to this section shall be made part of the record of the state charter school performance.
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