New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 29 - STANDARDS FOR EXCELLENCE
Part 1 - GENERAL PROVISIONS
Section 6.29.1.9 - PROCEDURAL REQUIREMENTS
Universal Citation: 6 NM Admin Code 6.29.1.9
Current through Register Vol. 35, No. 6, March 26, 2024
A. Duties and powers of the local board of education or charter school governing body. The local board of education or charter school governing body shall:
(1) review, approve, and support each school
site-level department-approved NM School DASH and MLSS
Self-assessment for each school site in improvement status;
(2) employ and evaluate the local
superintendent or charter school administrator;
(3) develop a planned program of training
annually, in which each member of the board participates, to assist in the
performance of specified duties; this planned program shall align with the
LEA's Education Plan; training shall include the following requirements and
procedures.
(a) All local school board members
shall receive a total of five hours of annual training provided by the New
Mexico school boards association (NMSBA) and shall include a minimum of one
hour of training during each term in office on equity and culturally and
linguistically responsive practices.
(b) Newly elected or appointed local school
board members, who are in office for less than a year, shall receive three of
the five hours from attending a training course developed by the department and
sponsored by the NMSBA. The additional two hours of annual training for new
board members shall consist of sessions sponsored by the NMSBA and approved by
the department.
(c) All local
school board members who have been in office for one or more years shall attend
five hours of annual training sponsored by the NMSBA and approved by the
department.
(d) In order to be
credited with attendance at these courses, each attendee shall comply with
written attendance procedures established by the department. Prior to September
1 of each year, the NMSBA shall provide each local superintendent with a list
of training hours earned annually by each local school board member. The school
district's accountability report shall include the names of those local school
board members who failed to attend annual mandatory training (see Subsection E
of Section
22-2C-11 NMSA
1978);
(4) delegate
administrative and supervisory functions to the local superintendent or charter
school administrator;
(5) refrain
from involvement in delegated administrative functions;
(6) review district or charter school
policies on an annual basis and revise as needed;
(7) award high school graduation diplomas to
students who have successfully completed graduation requirements;
(8) ensure the alignment of district or
charter school curricula with New Mexico content standards with benchmarks and
performance standards;
(9) ensure
that district or charter school funds are appropriately managed and disbursed
in accordance with laws, regulations and terms of grants;
(10) approve the annual district or charter
school budget;
(11) be responsible
for oversight of revenue and expenditures within the district or charter school
budget; and
(12) coordinate with
the district's superintendent to establish the procedures for discharging and
terminating school employees pursuant to Section
22-5-4 NMSA 1978 and the School
Personnel Act (Chapter 22, Article 10-A NMSA 1978).
B. Duties and powers of the governing body of a charter school. In addition to the powers and duties set out in Section 22-5-4 NMSA 1978 and Section 22-1-1 et seq. NMSA 1978 of the Public School Code, the governing body of a charter school shall:
(1) review, approve and support the
district's department-approved improvement plan and each school site-level
MLSS Self-assessment and department approved improvement plan,
or the charter school's department approved improvement plan;
(2) employ and evaluate thew local
superintendent or charter school administrator;
(3) develop a planned program of training
annually, in which each member of the governing body participates, to assist in
the performance of specified duties; this planned program shall align with all
requirements of statute and any other department regulations;
(4) delegate administrative and supervisory
functions to the local superintendent or charter school
administrator;
(5) refrain from
involvement in delegated administrative functions;
(6) review district or charter school
policies on an annual basis and revise as needed;
(7) award high school graduation diplomas to
students who have successfully completed graduation requirements;
(8) ensure the alignment of district or
charter school curricula with New Mexico content standards with benchmarks and
performance standards;
(9) ensure
that district or charter school funds are appropriately managed and disbursed
in accordance with laws, regulations and terms of grants;
(10) approve the annual district or charter
school budget;
(11) be responsible
for oversight of revenue and expenditures within the district or charter school
budget; and
(12) coordinate with
the district's superintendent to establish the procedures for discharging and
terminating school employees pursuant to the School Personnel Act (Chapter 22,
Article 10-A NMSA 1978).
C. Duties and powers of the district superintendent or the administrator of a charter school. In addition to the powers and duties set out in Section 22-5-14 NMSA 1978 of the Public School Code, the local superintendent (or charter school administrator, where relevant) shall:
(1) administer local board's
(or governing body of a charter school's) policies, state and federal
requirements and applicable laws, including the Public School Code;
(2) be accountable for student achievement;
budget management; expenditure of funds; dissemination of information; district
or charter school communications; development, implementation and evaluation of
the Education Plan and all other district or charter school business;
(3) review, approve and support the district
Education Plan and each school site-level MLSS Self-assessment
and NM School DASH or the charter school's MLSS
Self-assessment and NM School DASH;
(4) attend all local board or governing body
of a charter school's meetings or, when necessary, designate a licensed
administrator to attend;
(5) ensure
that school patrons and the public are informed and involved in the
acquisition, planning and development of school facilities and that students
are provided with adequate facilities which conform to state and federal
mandates;
(6) be accountable for
student safety (see 6.12.6 NMAC - School District Wellness
Policy):
(a) ensure that all students
are supervised while on school property and while attending or traveling to
school events or activities on school-provided transportation;
(b) ensure that all buildings, grounds and
facilities provide a safe and orderly environment for public use (see
Subsection P of
6.29.1.9 NMAC - School
Facilities and Grounds; Paragraph (8) of Subsection D of
6.12.6.8 NMAC - School
District Wellness Policy and 6.19.3 NMAC - Unsafe School
Choice Option);
(7) administer and implement the district's
or charter school's approved staff accountability plan and
procedures;
(8) ensure that a
process is in place to identify, train, assign and support the use of
unlicensed content-area experts as resources in classrooms, team teaching,
online instruction, curriculum development and other purposes as determined by
the superintendent, which shall include, but not be limited to, the following:
(a) establish the specific expertise of the
person;
(b) obtain a background
check and fingerprint records;
(c)
provide the person with a three-hour training, prior to entering a classroom,
about how the school operates, appropriate teaching methods and expectations of
principal and assigned teacher;
(d)
establish a start date and ending date for the person;
(e) ensure that the person is under the
direct supervision of the teacher assigned when students are present;
and
(f) provide for an evaluation
of services upon completion of the assignment;
(9) shall issue the following notifications
in accordance with Section
22-10A-16 NMSA 1978, in addition
to any other parental notification requirements contained in the federal
Elementary and Secondary Education Act of 1965, as amended; a school district
or charter school shall issue these notifications in English and, to the extent
possible, in the language of the parent or guardian (if it is known that the
parent or guardian's home or heritage language is not English); the district or
charter school shall retain a copy of all notifications and shall ensure that
information required under this paragraph is available to the public upon
request.
(a) Within 60 calendar days from the
beginning of each school year, a school district or charter school shall issue
a notice to parents informing them that they may obtain written information
regarding:
(i) the professional qualifications
of their child's teachers, instructional support providers and school
principals or charter school administrators;
(ii) other descriptive information, such as
whether their teacher has met all qualifications for licensure for the grade
level and subjects being taught;
(iii) whether their child's teacher is
teaching under a teaching or assignment waiver;
(iv) the teacher's degree major and any other
license or graduate degree held by the teacher;
(v) the qualifications of any instructional
support providers that serve their child.
(b) When, by the end of a consecutive
four-week period, a child is still being taught by a substitute teacher or a
teacher not holding the requisite licensure or licensure endorsement, the
school district or charter school shall provide written notice to the parent or
guardian that the child is being taught by a substitute teacher or a teacher
not holding the requisite licensure or licensure endorsement.
(c) No class may be taught by a substitute
teacher, in lieu of a licensed teacher under contract, for more than 45 school
days during a school year.
(d) The
secretary shall consider deviations from the requirements of Subparagraph (c)
of Paragraph (9) of Subsection C of
6.29.1.9 NMAC when a written
request by a local superintendent or charter school administrator is submitted.
The request shall include:
(i) the size of the
school district;
(ii) the
geographic location of the district;
(iii) demonstrated efforts to employ an
appropriately licensed person in the area(s) of need;
(iv) the historical use of substitutes in the
district; and
(v) an estimation of
the number of days that a substitute will be utilized that exceed the 45 day
limit.
D. Licensed staff and administrators.
(1) The licensed staff shall exercise duties
specified in law and those assigned by the local district or charter
school.
(2) As required by state
and federal law, all licensed staff and administrators shall be evaluated on an
annual basis.
(3) The detection and
reporting of child abuse or neglect is required by both the Children's Code
(Section 32A-4-3 NMSA 1978) and the Public
School Code (Section
22-5-4.2 NMSA 1978). Abuse of a
child under the Children's Code refers to the physical, sexual, emotional or
psychological abuse of a child by a parent, guardian or custodian. According to
the Children's Code, failure to report abuse or neglect of a child is a
misdemeanor. The terms "abuse" and "neglect" are defined in detail in Section
32A-4-2 NMSA 1978 of the
Children's Code. There is also the crime of child abuse, which consists of
anyone who knowingly, intentionally, negligently or without cause, causes or
permits a child to be placed in a situation of endangerment to the child's life
or health, torturing or cruelly confining a child, or exposing a child to the
inclemency of weather. To address the detection and reporting of child abuse or
neglect in public schools:
(a) school
districts and charter schools shall adopt written policies that establish a
process for the coordination and internal tracking of child abuse or neglect
reports made by district personnel;
(b) school districts and charter schools
shall include in their policies a requirement that all personnel shall
immediately report suspected child abuse or neglect to either a law enforcement
agency, the New Mexico children, youth and families department, or a tribal law
enforcement or social services agency for any Indian child residing on tribal
land;
(c) school districts and
charter schools shall not require their personnel to first report to or notify
designated school personnel or go through their chain of command before making
the mandatory report described in Subparagraph (a) of Paragraph (3) of
Subsection D of
6.29.1.9 NMAC;
(d) no school district or charter school
shall adopt a policy that relieves any personnel of their duty to report
suspected child abuse or neglect;
(e) school personnel detecting suspected
child abuse or neglect, including the suspected crime of child abuse, shall
immediately - i.e., the same day - report their observations to one of the
offices designated in Subparagraph (b) of Paragraph (3) of Subsection D of
6.29.1.9 NMAC;
(f) all licensed school personnel, including
substitute teachers, educational assistants, school nurses, school counselors,
school psychologists and other instructional service providers shall complete
training provided by the department in the detection and reporting of child
abuse or neglect, within their first year of employment by, or providing
services to, a school district or charter school;
(g) all persons who have never received
training required under Subparagraph (f) of Paragraph (3) of Subsection D of
6.29.1.9 NMAC shall make
arrangements to receive training before the end of their current school
year;
(h) the department shall
develop a training program to detect child abuse or neglect, in coordination
with the New Mexico human services department and the New Mexico department of
health. This program shall be made available to all colleges, school districts
and charter schools in the state offering teacher preparation
courses;
(i) nothing in Paragraph
(3) of Subsection D of
6.29.1.9 NMAC shall be interpreted
as preventing a school district or charter school from developing and providing
its own training for all staff to detect and report suspected child abuse or
neglect, in addition to the training offered by the department.
E. Student intervention system. The school and school district shall follow the multi-layered system of supports (MLSS), which is a three-layer model of student intervention as a proactive system for early intervention for students who demonstrate a need for educational support for learning or behavior or for students who demonstrate a need for advanced instruction. All students shall have access to layer-1, -2, and -3 interventions without a need to convene a SAT team or a referral to special education or related services. At any layer, a parent may request initial evaluation to determine whether a student is a child with a disability requiring special education and related service, in accordance with 6.31.2.10 NMAC. There are no additional documentation requirements under the MLSS outside of what is already required for education professionals.
(1) In
layer 1, the school and school district shall ensure that adequate universal
screening in the areas of general health and well-being, language proficiency
status, and academic levels of proficiency has been completed for each student
enrolled. If data from universal screening and progress monitoring suggests
that a particular student is in need of additional behavioral and academic
supports, then teacher teams shall make a determination on whether or not the
student would benefit from layer-2 interventions. Teacher teams, when making a
determination for moving a student up or down a layer may consult with
non-teacher staff such as counselors, paraprofessionals, administrators, and
ancillary personnel to inform the teacher team on how to plan and implement
relevant learner interventions in the general education environment.
(2) In layer 2, a properly constituted
teacher team shall conduct the student study process and consider, implement,
and document the effectiveness of appropriate evidence-based interventions
utilizing curriculum-based measures. As part of this process, the teacher team
shall address culture and acculturation, socioeconomic status, possible lack of
appropriate instruction in reading or math, teaching and learning styles and
instructional delivery mechanisms in order to rule out other possible causes of
the student's educational difficulties.
(3) In layer 3, students are provided with
intensive academic and behavioral supports that are progress-monitored on a
bi-weekly basis. At the end of each progress monitoring cycle, the teacher team
shall evaluate the efficacy of the supports provided using all available data.
At that time, the teacher team may decide whether to continue with the current
support, change the intensity, or nature of support. If progress monitoring
data suggests that the learner has benefited from provided layer-3 supports and
does not show concern for regression, then the teacher team may decide to move
the student out of receiving layer-3 supports.
(4) All students shall have access to the
MLSS layers of screening and support. Nothing in this section prevents a school
district from evaluating a student during the provision of any layer of MLSS to
determine whether the student is a child with a disability requiring special
education and related services. A parent may request an initial special
education evaluation at any time during the public agency's implementation of
MLSS, and a school or school district may determine a referral to special
education is necessary at any time during the implementation of MLSS if the
student is suspected of having a disability. If a school district rejects a
request for initial special education evaluation, the parent may use the IDEA
procedural safeguards in 34
CFR Secs. 300.506 through
5007 to dispute the rejection of
the request to evaluate.
(5) The
department's manual, Multi-layered System of Supports, shall
be the guiding document for schools and districts to use in implementing the
student intervention system.
(6)
Schools shall complete the MLSS Self-assessment
annually.
(7) Schools shall include
a report on intervention systems in NM School DASH.
(8) Schools shall provide time embedded
within the regular school schedule for all students to access targeted and
intensive learner interventions or advanced instruction described as follows:
(a) in small group settings;
(b) aligned with New Mexico standard;
and
(c) not to exceed twenty-five
percent of instructional hours.
(9) Student placement in embedded
intervention or advanced instruction shall be reviewed each quarter and
students shall be moved in or out of embedded intervention or advanced
instruction based on quantitative and qualitative MLSS data.
(10) Embedded intervention or advanced
instruction time shall be provided to students without forgoing instruction in
art, music, theater, dance, computer science, physical education, library, or
other enrichment or experiential learning activities or courses.
(11) Equitable access. Students in any layer
shall have access to grade-appropriate, standards-aligned instruction
seventy-five percent or more of their instructional hours unless instructional
time is allocated differently in an IEP of a student receiving special
education or gifted education services.
F. Records and reports.
(1) Each district and charter school shall
maintain and treat all personally identifiable educational records in
accordance with the Family Educational Rights and Privacy Act (FERPA), the
implementing regulations set forth at 34 Code of Federal Regulations, Part 99
and Inspection of Public Records Act, Sections
14-2-1 through
14-2-12 NMSA 1978.
(2) All records shall be safe from fire and
theft and stored in a retrievable manner. All student records, including
disciplinary and grading records, shall be retained and disposed of pursuant to
1.20.2 NMAC.
(3) Transcripts and
copies of pertinent records of students transferring from one school to
another, including disciplinary records with respect to suspension and
expulsion, shall be forwarded promptly upon written request by the receiving
school.
(4) Local school boards and
governing bodies of charter schools shall establish policies providing for
inspection of education records by students and parents.
(5) After the administration of the high
school system of assessments, school districts and charter schools are required
to record test results on each student's official transcript. The information
recorded shall include the following:
(a)
district and high school administering the examination;
(b) date of examination
administration;
(c) results of the
examination for each subject area tested; and
(d) reports of the results in a format and
language that is understandable to parents.
G. Organization of grade levels and establishing/closing schools. Any change in a school district or charter school's organizational pattern, including the establishment or closing of a school, shall have the secretary's approval prior to implementation. Requests for change shall be submitted using the department's organization of grade levels and establishing/closing school waiver request form. This form shall include: name of superintendent; district/school; mailing address; phone; fax; email address; name of a secondary contact person including the same information; date of submission; local board policy requirement and approval, if required; date of board approval; statement of applicable district or charter school policy and rationale for request. The waiver request shall outline the expected educational benefits.
H. Class loads. Class loads shall be in compliance with the most current class load requirements in Section 22-10A-20 NMSA 1978 and Section 22-5-15 NMSA 1978.
(1) The individual class load for elementary
school teachers shall not exceed 20 students for kindergarten, provided that
any teacher in kindergarten with a class load of 15 to 20 students shall be
entitled to the assistance of an educational assistant.
(2) The average class load for elementary
school teachers at an individual school shall not exceed 22 students when
averaged among grades one, two and three, provided that any teacher in grade
one with a class load of 21 or more shall be entitled to the full-time
assistance of an educational assistant.
(3) The average class load for an elementary
school teacher at an individual school shall not exceed 24 students when
averaged among grades four, five and six.
(4) The daily teaching load per teacher for
grades seven through 12 shall not exceed 160 students, except the daily
teaching load for teachers of required English courses in grades seven and
eight shall not exceed 135, with a maximum of 27 students per class; and the
daily teaching load for teachers of required English courses in grades nine
through 12 shall not exceed 150 students, with a maximum of 30 students per
class. The teaching load for teachers assigned to laboratories and shops shall
adhere to the current workplace safety codes of the industry.
(5) Students receiving special education
services integrated into a regular classroom for any part of the day shall be
counted in the calculation of class load averages. Students receiving special
education services not integrated into the regular classroom shall not be
counted in the calculation of class load averages. Only classroom teachers
charged with responsibility for the regular classroom instructional program
shall be counted in determining average class loads. In elementary schools
offering only one grade level, average class loads may be calculated by
averaging appropriate grade levels between schools in the school
district.
(6) The secretary may
waive the individual school class load requirements established in this
section. Waivers shall be applied for annually, and a waiver shall not be
granted for more than two consecutive years. Requests for class load waivers
shall be submitted using the department's class size waiver request
form. This form shall include: name of superintendent;
district/school; mailing address; phone; fax; email address; name of a
secondary contact person including the same information; date of submission;
local board policy requirement and approval, if required; date of board
approval; statement of applicable district or charter school policy and
rationale for request. Waivers may only be granted if a school district or
charter school demonstrates:
(a) no portable
classrooms are available;
(b) no
other available sources of funding exist to meet the need for additional
classrooms;
(c) the district or
charter school is planning alternatives to increase building capacity for
implementation within one year; and
(d) the parents of all children affected by
the waiver have been notified in writing of the statutory class load
requirements; that the school district or charter school has made a decision to
deviate from these class load requirements; and of the school district's or
charter school's plan to achieve compliance with the class load
requirements.
(7) If a
waiver is granted pursuant to Paragraph (6) of Subsection H of
6.29.1.9 NMAC to an individual
school, the average class load for elementary school teachers at that school
shall not exceed 20 students in kindergarten and grade one, and shall not
exceed 25 students when averaged among grades two, three, four, five and
six.
(8) Each school district or
charter school shall report to the department the size and composition of
classes subsequent to the 40th day report and the December 1 count. Failure to
meet class load requirements within two years shall be justification for the
disapproval of the school district's or charter school's budget by the
secretary.
(9) The department shall
report to the legislative education study committee by November 30 of each year
regarding each school district's or charter school's ability to meet class load
requirements imposed by law.
(10)
Notwithstanding the provisions of Paragraph (6) of Subsection H of
6.29.1.9 NMAC, the secretary may
waive the individual class load and teaching load requirements established in
this section upon demonstration of a viable alternative curricular plan and a
finding by the department that the plan is in the best interest of the school
district or charter school; and that, on an annual basis, the plan has been
presented to and is supported by the affected teaching staff. The department
shall evaluate the impact of each alternative curricular plan annually. Annual
reports shall be made to the legislative education study committee. Requests
for alternative curricular plans shall be submitted using the department's
collaborative school improvement programs waiver request form.
This form shall include: name of superintendent; district/school; mailing
address; phone; fax; email address; name of a secondary contact person
including the same information; date of submission; local board policy
requirement and approval, if required; date of board approval; statement of
applicable district or charter school policy and rationale for
request.
I. Student/staff caseloads in gifted and special education.
(1) The student/staff caseload shall not
exceed 35:1 for a special education teacher and 60:1 for a speech-language
pathologist for special education services or speech-only services, in which
properly licensed special education teachers or speech-language pathologists
travel from class to class or school to school, providing services to students
with disabilities whose individualized education programs (IEPs) require a
minimal amount of special education. (A minimal amount of special education
services shall not exceed ten percent of the school day/week.)
(2) The student/staff caseload shall not
exceed 24:1 for a special education teacher and 35:1 for a speech-language
pathologist for special education services or speech-only services which
properly licensed special education teachers or speech-language pathologists
provide to students with disabilities whose IEPs require a moderate amount of
special education. (A moderate amount of special education services shall be
less than fifty percent of the school day.)
(3) The student/staff caseload shall not
exceed 15:1 for special education services in which properly licensed special
education teachers provide services to students with disabilities whose IEPs
require an extensive amount of special education for a portion of the school
day as appropriate to implement the plan. (An extensive amount of special
education services shall be provided fifty percent or more of the school
day.)
(4) The student/staff
caseload shall not exceed 8:1 for special education services in which a
properly licensed professional provides services to students with disabilities
whose IEPs require a maximum amount of special education. (A maximum amount of
special education services shall be provided in an amount approaching a full
school day.)
(5) The student/adult
caseload shall not exceed 4:1 for center-based special education services in
which one of the adults in the program is a properly licensed professional
providing three- and four-year old children with the amount of special
education needed to implement each child's IEP.
(6) The student/adult caseload shall not
exceed 2:1 for center-based special education services in which three- and
four-year old children have profound educational needs.
(7) Adequate student/staff caseloads shall be
provided to appropriately address needs identified in the IEPs.
Paraprofessionals and assistants who are appropriately trained and supervised
in accordance with applicable department licensure rules or written department
policy may be used to assist in the provision of special education and related
services to students with disabilities under Part B of IDEA.
(8) If the student/staff caseload ratio
exceeds the standards provided above, a request for waiver shall be submitted
to the department for review and approval by the secretary.
J. Graduation requirements.
(1) The New Mexico high school system of
assessments. The district or charter school shall be in compliance with
requirements as specified in Section
22-13-1.1 NMSA 1978 and Subsection
L of Section
66-7-506 NMSA 1978 (offering
driver education, service learning and financial literacy as electives). The
department specifies that students shall meet all graduation requirements to be
eligible to receive a diploma. This includes the requirement of passing the
high school system of assessments.
(2) The next step plan. Each student shall
complete a next step plan for each high school year. For students with
individualized education programs (IEPs), the transition plan substitutes for
the next step plan. The next step plan requires that:
(a) each grade-level next step plan shall be
completed within the last 60 school days of the preceding school year (for
example, the 9th grade interim next step plan shall be made before the end of
the 8th grade year);
(b) only one
grade-level next step plan shall be completed for a student each
year;
(c) the development of the
next step plan shall include the student, the student's parent or guardian and
the advisor, but may include additional relevant parties;
(d) to write the next step plan, the advisor
shall consult with the student and the student's parent or guardian on academic
choices that target the student's interests and meet graduation
requirements;
(e) the next step
plan shall address career clusters in career and technical education, academic
support and study skills, extracurricular experiences and out-of-school
activities, exposure to post-secondary education and career options, family and
social supports, assessments, credentials and any other relevant information;
as part of the next step plan, the advisor shall disseminate and share
information concerning advanced placement, honors, dual-credit and distance
learning programs;
(f) the next
step plan determines whether or not the student is on track with graduation
requirements; the plan ensures that gaps in courses and test-taking are
filled;
(g) the next step plan may
be made in large-group, small-group or individual student settings;
(h) the advisor has the responsibility to see
that the student is reasonably informed about curricular and course options,
opportunities available that lead to broader post-high school options, and
alternative opportunities available if the student does not finish a planned
curriculum;
(i) the next step plan
shall be signed by the student, the student's parent or guardian and the
advisor;
(j) the completed next
step plan shall be filed with the school principal or charter school
administrator and only the final next step plan shall be filed in the student's
cumulative file upon graduation;
(k) during the development of the student's
next step plan for the eleventh grade, a plan allowing the student to complete
a fourth mathematics course other than algebra 2 may be developed using data
from the student's high school short-cycle assessments, the student's most
recent system of assessments score in mathematics, other relevant assessment
scores and coursework grades and educational career plans recorded in the
student's next step plan;
(l) for
the student to take four mathematics courses that contain a lesser content than
that recommended for inclusion in algebra 2 or its equivalent, the student's
parent shall provide written, signed permission on the student's next step
plan; parental signature on the next step plan for the eleventh grade
indicating the mathematics courses the student will take shall serve as the
required signed permission.
(3) Transfer of credits. For students
enrolling or re-enrolling in public schools, local school boards or governing
bodies of charter schools will establish policies as follows.
(a) Credits shall be transferable with no
loss of value between schools that are accredited by a state board of education
in the United States, United States territories, Puerto Rico, the freely
associated states and outlying areas of the United States, department of
defense schools or other authorized body.
(b) Policies of the local school board or the
governing body of a charter school, for students transferring from home
schools, private schools, or foreign schools to the public schools, will be in
accordance with Subsection D of Section
22-1-4 NMSA 1978.
(c) Acceptance of credits earned through
correspondence extension study, foreign study, home study courses or
non-department accredited, non-public schools is determined by the policy of
the local school board or the governing body of a charter school.
(4) Correspondence courses. For
students currently enrolled in public schools, local school boards or governing
bodies of charter schools will establish policies addressing the use of
correspondence courses to meet graduation requirements.
(a) Policies should be based on the following
circumstances:
(i) when road conditions or
distance from access to school transportation prohibit regular daily
attendance;
(ii) when a student
cannot attend school due to prolonged illness or recovery from injury, as part
of the individual plan to address the student's educational needs developed in
accordance with applicable state and federal regulations governing the
education of students with disabilities;
(iii) when the occupation of the parent or
student requires prolonged periods of time away from the school
district;
(iv) when a student is
housed in a long-term residential facility; or
(v) to enhance or supplement graduation
requirements based on a student's individual need(s).
(b) Schools counting credit for
correspondence courses for enrolled students shall ensure that such courses are
part of the student's individual plan for graduation. If applicable, such
courses are part of the IEP developed in accordance with applicable state and
federal regulations governing the education of students with disabilities, and
schools shall ensure that assistance is available to students as needed to
complete the correspondence courses.
(c) Correspondence courses used to provide
graduation credit to currently enrolled students shall be provided by:
(i) a school accredited by the state board of
education of the state in which the school is located, or
(ii) a college or university with regional
accreditation to perform such function.
(5) Dual credit program. "Dual credit
program" means a program that allows high school students to enroll in
college-level courses offered by public post-secondary educational institutions
that may be academic or career-technical in nature, but may not be remedial or
developmental, and through which students can simultaneously earn credit toward
high school graduation and a post-secondary degree or certificate. (Refer to
6.30.7.6 NMAC.)
(6) Distance learning courses. "Distance
learning" means the technology and the educational process used to provide
instruction for credit or for a grade when the course provider and the
distance-learning student are not necessarily physically present at the same
time or place. Distance learning does not include educational software that
utilizes only on-site teaching. Any program involving distance learning shall
be governed by the department's distance learning rule, found at 6.30.8
NMAC.
(7) Standardized grading
system. A standardized grading system is required to be implemented by each
district and charter school. The system shall include the following components:
(a) a written report to parents regarding the
performance of their children tested with the New Mexico standards-based
assessments;
(b) for grades 3-12, a
standardized alphabetic grading system, based on the 4.0 scale (i.e., a minimum
of 4.0 or higher=A, 3.0=B, 2.0=C, 1.0=D); certain courses may be assigned a
weighted score according to local policy;
(c) alignment of all district and school
curriculum to the New Mexico content standards with benchmarks and performance
standards; and
(d) all school
report cards shall include the results of standards-based assessments and may
augment the standardized grading system with a narrative or other method that
measures a student's academic, social, behavioral or other skills.
(8) Final examination. A final
examination shall be administered to all students in all courses offered for
credit.
(9) Credit. Credit cannot
be earned twice for the same course.
(10) Other elective credit. Elective credit
courses shall meet all New Mexico content standards with benchmarks and
performance standards, and shall:
(a) include
a written, sequential curriculum;
(b) be taught by an instructor who is
appropriately licensed and endorsed to teach the course;
(c) include a final examination;
and
(d) be reviewed and approved by
the local board of education or governing body of a charter school.
(11) Alternative credit. Local
districts, charter schools or state educational institutions may design
elective courses, known as alternative credit courses, to satisfy any of the
specified credits required for graduation.
(a)
The process includes:
(i) review of the
licensure and endorsements of affected staff;
(ii) review of required course content
standards with benchmarks and performance standards with the proposed elective
course, and summary of alignment between the two courses;
(iii) determination of the amount of credit
that will be generated;
(iv)
publication of information regarding what course is available for alternative
credit and identification of course number;
(v) inclusion of the availability of
alternative credit in all next-step plans;
(vi) note on the student transcript that the
graduation requirement course was completed using the named alternative credit
course;
(vii) review and
preliminary approval by the local board of education or governing body of a
charter school.
(b) Once
the process has been completed, the district superintendent or administrator of
a charter school or state educational institution shall submit a written
request, with appropriate documentation, to the secretary for
approval.
(12) Excuses
from physical education. The physical education graduation requirement may be
waived by the secretary, based upon a request by the local superintendent or
charter school administrator with documentation from a licensed medical doctor,
osteopath, certified nurse practitioner with prescriptive authority or
chiropractor, that the student has a permanent or chronic condition that does
not permit physical activity. Such requests shall be submitted using the
department's physical education waiver request form. This form
shall include: name of superintendent; district/school; mailing address; phone;
fax; email address; name of a secondary contact person including the same
information; date of submission; local board policy requirement and approval,
if required; date of board approval; statement of applicable district or
charter school policy and, for each student for whom the waiver is requested:
name, school and year of student graduation, district affirmation that it
possesses required medical documentation, name and email address of school
principal and rationale for the request. A student receiving special education
supports and services pursuant to the IDEA or Section 504 of the federal
Rehabilitation Act may also be eligible to request this waiver, when
appropriate medical documentation is provided in the IEP.
(13) Graduation requirements for issuance of
a conditional certificate of transition or a diploma for students with an IEP.
The development of a program of study and the granting of a diploma, or use of
a conditional certificate of transition in the form of a continuing or
transition individualized educational program (IEP) for students receiving
special education services, includes the following governing principles:
(a) The IEP team is responsible for
determining whether the student has completed a planned program of study based
on the student's strengths, interests, preferences, identified educational and
functional needs and long-term educational or occupational goals, making the
student eligible to receive either a diploma or a conditional certificate of
transition. A conditional certificate of transition allows the student to
participate in graduation activities. If a student receives a conditional
certificate of transition, the student shall then return to the program
specified in the IEP to complete the student's secondary program and meet the
requirements for a diploma. Receipt of a conditional certificate of transition
shall not end a student's right to FAPE. In addition, all IEPs shall provide a
description of how the student's progress toward meeting annual goals and
graduation requirements will be measured, and at what intervals progress will
be reported to parents or guardians. A student shall be awarded a diploma upon
completion of a planned program of study that meets the requirements of
Paragraph (b).
(b) A student may be
awarded a diploma (Section
22-13-1.1 NMSA 1978) through the
following programs of study described in Items (i) through (iii). All IEP team
discussion points and decisions identified herein, including the identification
of the student's program of study and any student or parent proposals accepted
or rejected by the IEP team (if the student has not reached the age of
majority), shall be documented on the student's IEP and in the prior written
notice (PWN) of proposed action.
(i) A
standard program of study is based upon meeting or exceeding all requirements
for graduation based on the New Mexico standards for excellence (Subsection J
of 6.29.1.9 NMAC) with or without
reasonable accommodations of delivery and assessment methods. In addition, a
student shall pass all sections of the current state graduation examination(s)
administered pursuant to Subsection I of Section
22-13-1.1 NMSA 1978 under standard
administration or with state-approved accommodations and shall meet all other
standard graduation requirements of the district. A diploma obtained through
the standard program of study is considered a "regular high school diploma" as
defined in 34 C.F.R. §
300.102(a)(3)(iv). Pursuant
to 34 C.F.R. §
300.102(a)(3)(i), students
with disabilities who graduate from high school with a regular diploma through
the standard program of study are no longer entitled to FAPE or continued
receipt of special education and related services.
(ii) A modified program of study is developed
to provide relevance and is based on a student's career interest as it relates
to one of the career clusters, with or without reasonable accommodations of
delivery and assessment methods. In addition, a student shall take the current
state standards-based assessments required for high school students, under
standard administration or with state-approved accommodations as determined by
the SEA. Once the student has attempted the state standards-based assessments
required for high school students, under standard administration or with
state-approved accommodations, or the state-approved alternate assessment. Once
the student has participated in the state-required high school assessments, the
student shall achieve a level of competency pre-determined by the student's IEP
team on the current state-approved demonstration of competency options for
graduation and meet all other graduation requirements established by the IEP
team. A diploma obtained through the ability program of study is not considered
a "regular high school diploma" as defined in
34 C.F.R. §
300.102(a)(3)(iv). Pursuant
to 34 C.F.R. §
300.102(a)(3)(ii), a
student's right to FAPE does not end upon obtaining a diploma through the
ability program of study and a student may continue to receive special
education and related services until student either meets the requirements to
obtain a diploma through the standard program of study or until the end of the
academic year in which the student becomes 22 years of age.
(iii) An ability program of study was
developed for students who have a significant cognitive disability or severe
mental health issues. The IEP goals and functional curriculum course work shall
be based on the New Mexico standards with benchmarks and performance standards
and employability and career development standards with benchmarks and
performance standards. Students in this program of study shall earn the minimum
number of credits or be provided equivalent educational opportunities required
by the district or charter school, with course work individualized to meet the
unique needs of the student through support of the IEP. In addition, a student
shall take either the current state standards-based assessments required for
high school students, under standard administration or with state-approved
accommodations, or the state-approved alternate assessment. Once the student
has participated in the state-required high school assessments, the student
shall achieve a level of competency pre-determined by the student's IEP team on
the current state-approved demonstration of competency options for graduation
and meet all other graduation requirements established by the IEP team. A
diploma obtained through the ability program of study is not considered a
"regular high school diploma" as defined in
34 C.F.R. §
300.102(a)(3)(iv). Pursuant
to 34 C.F.R. §
300.102(a)(3)(ii), a
student's right to FAPE does not end upon obtaining a diploma through the
ability program of study and a student may continue to receive special
education and related services until student either meets the requirements to
obtain a diploma through the standard program of study or until the end of the
academic year in which the student becomes 22 years of age.
(c) Students receiving a diploma through any
of the programs of study are permitted to participate in all graduation
activities.
(d) Any special
education student who obtains a diploma through the modified or ability
programs of study may choose to exit high school after receiving the diploma
but continues to have an entitlement to FAPE. A student may elect to resume
their high school education at their school district of residence until student
either meets the requirements to obtain a diploma through the standard program
of study or until the end of the academic year in which the student becomes 22
years of age.
(e) By the end of the
eighth grade, each student's IEP shall contain a proposed individual program of
study for grades nine through 12. The program of study shall identify by name
all course options the student may take and shall align with the student's
long-range measurable post-secondary goals and transition services to
facilitate a smooth transition to high school and beyond. This program of study
shall be reviewed on an annual basis and adjusted to address the student's
strengths, interests, preferences and areas of identified educational and
functional needs. The IEP team shall document on the IEP the student's progress
toward earning required graduation credits and passing the current graduation
examination.
(f) A district or
charter school shall provide each student, who has an IEP and who graduates or
reaches the maximum age for special education services, a summary of the
student's academic achievement and functional performance, which shall include
recommendations on how to assist the student in meeting post-secondary
goals.
(g) Students graduating on
the standard program of study shall meet the state's minimum requirements on
all sections of the graduation examination. IEP teams shall document a plan of
action on the IEP and the PWN to be carried out by both the student and the
district or charter school, to ensure that the student will pass all sections
of the graduation examination.
(h)
To establish a level of proficiency on the current graduation examination or
the state-approved alternate assessment for students on a modified program of
study or ability program of study, IEP teams shall review the student's
performance on the first attempt and establish a targeted proficiency on all
sections that are below the state's minimum requirement. For those students who
meet participation criteria for the New Mexico alternate assessment, IEP teams
shall set targeted levels of proficiency based upon previous performance on the
test. If the student has previously been administered the New Mexico alternate
assessment and has achieved an advanced level of overall performance, the IEP
team shall arrange for the student to participate in the general graduation
examination and shall identify appropriate accommodations that the student may
require. IEP teams shall document the targeted levels of proficiency on the IEP
and the PWN, outlining the plan of action to be taken by both the student and
the district or charter school to ensure that the student will meet the
targeted levels of proficiency. Districts or charter schools may submit a
written request for a waiver to the secretary in cases where a student has
medical or mental health issues that may result in regression or that
negatively influence the student's ability to achieve targeted levels of
proficiency. The written request shall be signed by the superintendent or
charter school administrator and shall include documentation of the medical or
mental health issues.
(i) Changes
in programs of study.
(i) Departures from the
standard program of study for students receiving special education services and
supports shall be considered in the order of the options listed in Subparagraph
(b) of Paragraph (13) of Subsection J of
6.29.1.9 NMAC. Any modified program
of study may depart from a standard program of study only so far as is
necessary to meet an individual student's educational needs as determined by
the IEP team. Districts and charter schools are obligated to meet the
requirements of IDEA to provide students with IEPs on any one of the three
programs of study, and access to the general curriculum in the least
restrictive environment. When an alternative program of study is developed, a
building administrator or designee who has knowledge about the student shall be
a member of the IEP team
(ii)
Districts and charter schools shall document changes from the standard program
of study on the PWN. IEP teams shall identify the reasons for changing the
student's program of study, shall provide parents with clear concise
explanations of the modified or ability programs of study, shall notify parents
and students of the potential consequences that may limit the student's
post-secondary options, and shall make required changes to the IEP and course
of study, to ensure that the student meets the requirements of that program of
study.
(iii) The IEP team shall not
change the program of study for a student entering the final year of high
school (not the cohort with which the student entered high school) from the
standard program of study to the modified program of study, nor from the
modified program of study to the ability program of study, after the 20th
school day of the final year of high school. IEP teams may change a student's
program of study from the ability program of study to the modified program of
study, or from the modified program of study to the standard program of study,
if the student meets the graduation requirements of that program of study and
if the change is made and documented appropriately in a revised IEP and PWN by
a properly constituted IEP team in a properly convened
meeting.
(j) A student
who receives special education services may be granted a conditional
certificate of transition in the form of a continuing or transition IEP when:
(i) the IEP team provides sufficient
documentation and justification that the issuance of a conditional certificate
of transition for an individual student is warranted;
(ii) prior to the student's projected
graduation date, the IEP team provides a PWN stating that the student will
receive a conditional certificate of transition;
(iii) the district or charter school ensures
that a conditional certificate of transition is not a program of study and does
not end the student's right to a FAPE;
(iv) the district or charter school ensures
that a conditional certificate of transition entitles a student who has
attended four years or more of high school to participate in graduation
activities, and requires that the student continue receiving special education
supports and services needed to obtain the high school diploma;
(v) the district or charter school ensures
that, prior to receiving a conditional certificate of transition, the student
has a continuing or transition IEP;
(vi) the student's continuing or transition
IEP outlines measures, resources, and specific responsibilities for both the
student and the district or charter school to ensure that the student receives
a diploma.
(k) A student
who receives a certificate of transition but does not return to complete the
program of study as outlined in the continuing or transition IEP will not be
considered a dropout.
(l) A student
who receives a conditional certificate of transition is eligible to continue
receiving special education services until receipt of a diploma or until the
end of the academic year in which the student becomes 22 years of
age.
(m) Graduation plans shall be
a part of all IEPs:
(i) by the end of eighth
grade, or by the time the student turns 14 years of age, and concurrent with
the development of the student's transition plan in accordance with federal
regulations at 34 CFR
300.320;
(ii) when a student returns to a school after
an extended absence, and if an IEP program of study may have been developed but
needs to be reviewed; or
(iii) when
evaluations warrant the need for a different program of study at any time after
development of an initial graduation plan.
(n) Graduation plans shall be a part of all
of all IEPs and annual reviews and shall follow the student in all educational
settings. Receiving institutions that fall under the department's jurisdiction
will recognize these graduation plans, subject to revision by new IEP teams, if
appropriate to meet a student's changing needs.
(o) At the exit IEP meeting, the team shall
review the student's transition plan, and shall confirm and document that all
state and district requirements for graduation under the final IEP have been
satisfied. A building administrator who has knowledge about the student shall
be a member of this team, and shall sign specifically to verify and accept
completed graduation plans, goals and objectives pursuant to (i) - (iii) of
Subparagraph (b) of Paragraph (13) of Subsection J of
6.29.1.9 NMAC, or plans for a
conditional certificate of transition with a continuing or transition IEP,
pursuant to Subparagraph (i) of Paragraph (13) of Subsection J of
6.29.1.9 NMAC. The IEP team shall
ensure that the student has current and relevant evaluations, reports, or other
documentation necessary to support a smooth and effective transition to
post-secondary services for a student who will graduate on one of the three
programs of study. The school shall arrange for any necessary information to be
provided at no cost to the students or parents. The school shall submit a list
of students who will receive the diploma through a modified or ability program
of study to the local superintendent or charter school administrator, using the
students' identification numbers. This list shall be totaled and submitted to
the local school board or governing body of a charter school. This information
shall be treated as confidential in accordance with FERPA.
(p) Students eligible for special education
services are entitled to a FAPE through age 21. If a student turns 22 during
the school year, the student shall be allowed to complete the school year. If a
student becomes 22 prior to the first day of the school year, the student is no
longer eligible to receive special education services.
(q) All diplomas awarded by a school district
or charter school shall be identical in appearance and content, except that
symbols or notations may be added to individual students' diplomas to reflect
official school honors or awards earned by students.
(14) Future changes in graduation
requirements. Refer to
6.29.1.13 NMAC.
K. Statewide accountability program.
(1) Educational accountability. The local
board of education or charter school governing body and the district
superintendent or charter school administrator are responsible for providing
educational services that support student learning. Educational accountability
has two mechanisms and three indicators which impact the approval of the
district's budget and accreditation status. The accountability mechanisms are
accreditation and the program/budget review process. These two mechanisms shall
align directly with the district or charter school's Education Plan. The
indicators are community representation, local accountability indicators and
statewide accountability indicators.
(2) Accountability mechanisms.
(a) Accreditation. Accreditation will be
conducted in accordance with Subsection F of Section
22-2-2 NMSA 1978. Verification of
the district or charter school's Education Plan and student progress will occur
on a regular basis. State and federal regulations which fall within the scope
of accreditation will also be monitored.
(b) Program/budget review and approval. The
program/budget review and approval process, including assessment and
evaluation, occurs annually. Its purpose is to link the district or charter
school's program needs directly with budgetary resources. In order for a
district or charter school to obtain an approved budget, the district shall:
(i) document the local board or charter
school governing body's determination of needs as defined in its Education Plan
(Section 22-8-18 NMSA 1978);
(ii) document minimum budget requirements
(Section 22-8-9 NMSA 1978);
(iii) document parent involvement in budget
preparation (Section
22-8-11 NMSA 1978);
(iv) complete the annual program/budget
questionnaire; and
(v) comply with
requirements specified in Section
22-8-5 NMSA
1978.
(3)
Accountability indicators.
(a) Community
representation. Community representatives shall be involved in the budget
preparation process, the Education Plan process, the NM School DASH process,
Education Plan evaluation (including the establishment of local student
performance indicators) and the accreditation process. Community
representatives include parents, students and other community members who
reflect the composition of the student population. Evidence shall be provided
to verify different forms of representation.
(b) Local student performance indicators.
Local student performance indicators shall:
(i) be identified by the local school
district or charter school in conjunction with students, parents, community
members and businesses;
(ii) be
part of the local Education Plan evaluation;
(iii) measure and demonstrate student
progress toward the New Mexico content standards with benchmarks and
performance standards;
(iv)
demonstrate student progress toward identified NM School DASH process goals and
desired outcomes;
(v) be included
as an integral part of the accreditation and program/budget review processes;
and
(vi) use any other indicators
the district or charter school shall choose for its students.
(c) Statewide student performance
indicators. Statewide student performance indicators shall:
(i) be included as an integral part of the
accreditation and program/budget review processes;
(ii) be part of the local Education Plan
evaluation and NM School DASH monitoring;
(iii) measure and demonstrate student
progress toward the New Mexico content standards with benchmarks and
performance standards;
(iv)
communicate clearly to parents and the general public the students' progress
toward meeting the goals established by the district and school, or charter
school; and
(v) describe
performance levels across the grade levels and across the curriculum.
L. Statewide student assessment system. As stated in Section 22-2-8.13 NMSA 1978, students' knowledge and skills are assessed and evaluated though the New Mexico content standards with benchmarks and performance standards, the system of assessments, and local measures.
(1) The statewide student
assessment system. All public-school students, with the exceptions indicated
below, shall participate in the system of assessments, which includes
standards-based assessments in grades 3 through 8 and high school.
(2) Exceptions. Exceptions include special
provisions and requirements for the assessment of English language learners and
students with IEPs.
(a) English language
learners. Students who have limited English language skills (i.e., students who
are "English language learners") as determined by the department-approved
English language proficiency screening assessment shall participate in the
statewide assessment program. The following considerations specify how
assessment shall be conducted.
(i) Length of
enrollment in U.S. schools. The options for participation of English language
learners in the New Mexico standards-based assessment program depend on the
length of time that the student has been enrolled in U.S. public schools. For
students who are new to U.S. schools, the following applies: Students who are
enrolled for the first year in a U.S. school may receive an exemption from the
system of assessments for English language arts, including all subtests
therein. In all other content areas of the system of assessments, the student
shall participate in the Spanish-language version of the assessment (if
available and appropriate) or in the English-language version with
accommodations provided, if they are determined to be appropriate by the local
school's team, as described in (iii) of Subparagraph (a) of Paragraph (2) of
Subsection L of
6.29.1.9 NMAC. For the subtests
other than reading, the test completion status shall be student tested all
sessions, and the types of accommodations that are provided, if any, shall be
indicated in the student information system. Students who have been in U.S.
schools for at least 12 months and less than three consecutive years shall
participate in the statewide assessment program in one of three ways: the
student may participate in the standard administration of the English-language
version of the assessment without accommodations; the student may participate
in the English-language version of the assessment with appropriate
accommodations; or the student may participate in the standard administration
of the Spanish-language version of the assessment, where available and
appropriate.
(ii) Waivers for home
language assessment. Students who have been in U.S. schools for three or more
consecutive years shall participate in the English-language version of the
assessment with or without allowable accommodations unless a request based on
the determination of the local education agency to continue the testing of the
student in the home language of Spanish and the request is approved by the
secretary. If, after three consecutive years in U.S. schools, the district or
charter school determines (on a case-by-case basis) that academic assessments
in the student's home language of Spanish would yield more accurate and
reliable information about the student's knowledge of a subject, the district
or charter school may request a waiver from the secretary to continue to assess
the student in the home language of Spanish. Approved waivers are effective for
the current year only; annual waiver requests may be approved for a maximum of
two years. The waiver request shall be submitted to the secretary for approval
at least three months before the assessment, by the district's superintendent
or the charter school administrator. The request shall include: student name,
student state identification number, school in which the student is currently
enrolled, student's grade level, student's most recent department-approved
English language proficiency, assessment date and overall composite score,
length of enrollment in U.S. schools, an indication of whether this is the
first or second waiver request for the student, the reason or justification for
the waiver request, and names of the school team members involved in the
decision to request the waiver.
(iii) Accommodations. Districts and charter
schools shall provide accommodations to English language learners after
consideration of their appropriateness for the individual student. To determine
the appropriateness of allowing accommodations, the district or charter school
shall consider the student's level of proficiency in all domains of language
(listening, speaking, reading, writing and comprehension) and the nature of the
school's instructional program. The district or charter school shall ensure
that students do not receive accommodations without current justification
supported by data. District and school staff may obtain the technical
assistance on procedures for accommodations from the department's district test
coordinator's manual or from the department. Each school shall utilize a team
to review individual student progress in order to determine accommodations. For
students being served on an individualized education program (IEP) or Section
504 Plan, those teams (IEP or Section 504) will respectively determine
appropriate test accommodations. For all other students, the school may use its
student assistance team (SAT) or form another school-based team for this
purpose, but the team shall be comprised of at least three school staff,
including staff who are familiar with the student's abilities and language
needs, standardized test procedures and valid ELL test accommodations. Team
members may include: the student's bilingual multicultural education- or
TESOL-endorsed teacher, the bilingual multicultural education program
coordinator, the student's other teacher(s), administrators or school test
coordinators, or the school counselor. The student's parent or guardian, the
student and other staff members may be also included, as appropriate. The team
shall base its decisions about appropriate accommodations on the following:
annual review of the student's progress in attaining English proficiency,
student's current English language proficiency, including the student's
experience and time in U. S. schools, student's expected date for exiting
English language learner accommodations, student's familiarity with the
accommodation under consideration, the primary language of instruction used in
the content area to be assessed and the length of time that the student has
received instruction in that language, and the student's grade level. Written
documentation of accommodation decisions made by the team shall be stored in
the student's cumulative file and shall be reported to the department's bureau
of assessment and evaluation.
(b) Students with IEPs. Students with IEPs
who receive special education and related services shall participate in all
statewide and district-wide assessments of student achievement or in
state-approved alternate assessments. Pursuant to Subsection E of
6.31.2.11 NMAC,
34 CFR
300.320(a)(2)(ii) and
34 CFR 300.320(a)(6), the IEPs for
such students shall specify which assessments each student will participate in
and what, if any, accommodations or modifications in administration are needed
to enable the student to participate. The IEPs for students who will not
participate in a particular statewide or district-wide assessment shall meet
state-approved criteria, methods and instruments.
(c) Waiver of the high school system of
assessments (graduation requirement assessment).
(i) With the approval of the local board of
education or charter school governing body, the local superintendent or charter
school administrator may request written approval from the secretary to award a
diploma to a student who has not passed the high school system of assessments.
The district or charter school shall document student attainment of required
competencies through an alternative assessment procedure and shall submit such
a request using the department's high school system of assessments
waiver request form. This form shall include: name of superintendent;
district/school; mailing address; phone; fax; email address; name of a
secondary contact person including the same information; date of submission;
statement of applicable district or charter school policy, list of students for
whom the waiver request is being made including: student name, school, date of
board approval, and statement of whether or not competencies are documented
through an alternative assessment; and rationale for request.
(ii) With appropriate documentation, a
passing score on another state's graduation requirement assessment shall
substitute for the high school system of assessments.
M. Indigent identification and guidelines.
(1) A student
who has been deemed eligible for free or reduced-price school meals, or a
student who has been identified by the children, youth and families department
as being in the custody of the state, shall be deemed indigent for the purposes
of remediation programs and damage of instructional materials, as discussed in
Sections 22-2C-6 and
22-15-10 NMSA 1978.
(2) A parent or guardian of a student who has
not applied for free or reduced-price school meals shall be notified in writing
by the local school board or governing body of a charter school of the
availability of remediation at no charge upon an eligibility determination for
free or reduced-price school meals.
N. Emergency drills and practiced evacuations.
(1) Emergency drills shall be
conducted in each public school and private school in the state, as follows:
(a) at least once per week during the first
four weeks of the school year;
(i) one of
these drills shall be a shelter-in-place drill, which includes preparation to
respond to an active shooter;
(ii)
one of these drills shall be an evacuation drill;
(iii) two of these drills shall be fire
drills;
(b) during the
rest of the school year, each school shall conduct at least four more emergency
drills, at least two of which shall be fire drills;
(c) in locations where a fire department is
maintained, a member of the fire department shall be requested to be in
attendance during the emergency drills for the purpose of giving instruction
and constructive criticism;
(d) it
shall be the responsibility of the person in charge of a school to carry out
the provisions related to emergency drills.
(2) Requirements to comply and penalties for
non-compliance:
(a) It shall be the
responsibility of the superintendent of a school district, a charter school
administrator or private school counterpart(s) to ensure that each school under
the person's authority follows the requirements set forth in Subsection N of
6.29.1.9 NMAC.
(b) In the event that the person responsible
for complying with Subsection N of
6.29.1.9 NMAC fails or refuses to
comply with this subsection, the department may, in the case of a public
school, take any action designed to ensure prompt corrective action or future
compliance, including reporting the non-compliance to either the state fire
marshal or to a local fire department. In the case of a private school, the
department will report the non-compliance to either the state fire marshal or
to a local fire department and may consider adverse licensure action.
(c) Failure or refusal to comply with the
requirements in Subsection N of
6.29.1.9 NMAC for holding emergency
drills shall constitute grounds to suspend or revoke the license of the person
responsible for compliance. The due process procedures under the Uniform
Licensing Act (Sections
61-1-1 through
61-1-31 NMSA 1978) shall
apply.
O. School facilities and grounds. Pursuant to Subsection C of 6.29.1.9 NMAC (Duties of the Superintendent); Subsection D of 6.12.6.8 NMAC (School District Wellness Policy); and 6.19.3 NMAC (Unsafe School Choice Option), each school district or charter school shall ensure that all buildings, facilities and grounds provide a safe and orderly environment for public use; i.e., that they shall be:
(1) safe, healthy, orderly, clean and in good
repair;
(2) in compliance with the
Americans with Disabilities Act-Part III and state fire marshal regulations,
Sections 59A-52-1 through
59A-52-25 NMSA 1978;
(3) safe for conducting experiments and
school projects in all school laboratories and shops, as established in written
school safety procedures which are reviewed annually; these procedures include,
but are not limited to:
(a) personal
protective equipment;
(b) adequate
ventilation and electrical circuitry;
(c) material safety data sheets;
(d) body and eye washes; and
(e) training appropriate for each teaching
situation;
(4) the
maximum number of occupants in a laboratory or shop teaching space shall be
based on the following:
(a) the number of work
stations;
(b) the building and fire
safety codes;
(c) the design of the
laboratory or shop teaching facility;
(d) appropriate supervision and the special
needs of students; and
(e) all
applicable OSHA regulations;
(5) appropriate procedures for the storing,
handling and removal of toxic or dangerous substances shall be established and
implemented; all school programs (including those areas noted above and
custodial areas, art room, library and cafeteria) shall comply with standard
safety practices and all applicable state and federal regulations;
(6) use of pesticides by districts and
charter schools will be governed by the following standards:
(a) Definitions as used in this section:
(i) "Pesticide" means any substance or
mixture of substances intended for preventing, destroying, repelling or
mitigating any pest.
(ii) "Pest"
means any living organism injurious to other living organisms, except humans,
viruses, bacteria or other microorganisms in or on other living organisms other
than plants, which is declared to be a pest pursuant to the Pesticide Control
Act, Sections
76-4-1 through
76-4-39 NMSA
1978.
(b) Districts and
charter schools will develop procedures for the implementation of pest
management with consideration for reducing the possible impact of pesticide use
on human health and the environment, including people with special
sensitivities to pesticides. Procedures will include, but are not limited to,
the following:
(i) No pesticide may be
applied to public school property and no pest control device, as defined in the
New Mexico Pesticide Control Act, may be used on public school property except
those pesticides and devices currently registered for legal use in the state by
the New Mexico department of agriculture.
(ii) No pesticide may be applied to public
school property except by those persons certified in the applicable category
and currently licensed by the New Mexico department of agriculture or by
employees under their direct supervision.
(iii) Pesticides will only be applied in or
on the outside of school buildings when a pest is present and will not be
applied on a regular or calendar basis unless it is to treat an infestation and
is a part of a pest management system being implemented to address a particular
target pest. A pest is considered to be present when it is observed directly or
can reasonably be expected to be present based on finding evidence, such as
droppings, body parts, or damage that is typically done by the pest. This
section of the regulation does not apply to pre-construction termite treatments
or the use of outdoor herbicides.
(iv) Pesticides that are applied in a liquid,
aerosolized or gaseous form through spraying, aerosol cans, bombs, fumigation
or injections into the ground, foundation or plants will not be applied on
public school property when students, staff or visitors are present, or may
reasonably be expected to be present within 6 hours of the application. In
emergency cases, where a pest infestation threatens the health or safety of the
occupants of public school property, and which requires the immediate
application of a pesticide to remediate, students, staff and other school
occupants will be removed from the treatment area prior to the application.
Small amounts of gel or liquid pesticides applied to cracks and crevices or
baits used to treat pest infestation are exempt from this section.
(v) At the beginning of each year, and when
new students register, schools will develop a list of parents and guardians who
wish to be notified prior to pesticide application during the school year.
These parents/guardians will be notified in writing prior to pesticide
application. General notification of anticipated pesticide applications will
occur by posting or dissemination of notices, by oral communication or other
means of communication. In emergency cases where a pest infestation threatens
the health or safety of the occupants of public school property, no
pre-notification is required. Immediately following the application of a
pesticide in emergency cases, signs will be posted indicating an application
was made.
(vi) Written records of
pesticide applications will be kept for three years at each school site and be
available upon request to parents, guardians, students, teachers and
staff.
(vii) If any part of
Paragraph (6) of Subsection O of
6.29.1.9 NMAC is found to be in
conflict with the provisions of the Pesticide Control Act, the remainder of the
regulation will remain in full force and
effect.
P. School district budgeting. Section 22-8-4 NMSA 1978 requires the department to prescribe forms for, supervise and control the preparation of all budgets of all public schools and school districts, and to compile accurate information concerning public school finance and administration. Sections 22-8-5 through 22-8-12.1 NMSA 1978 set out specific budget preparation and submission requirements for the department, public schools and public school districts. Regulations governing budgeting and accounting for New Mexico public schools and school districts are set out in 6.20.2 NMAC.
Q. Final course and other student grade changes. Any changes to students' course or other grades shall be governed by the state rule, "Final Course and Other Student Grade Changes" (6.30.10 NMAC).
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.
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