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

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.