New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS
Part 6 - SUSPENSION OF AUTHORITY OF A LOCAL SCHOOL BOARD
Section 6.30.6.8 - FACTORS IN DETERMINING SUSPENSION BY THE SECRETARY

Universal Citation: 6 NM Admin Code 6.30.6.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. Suspending the authority of local school boards is warranted whenever there has been a failure to meet requirements of law, standards, or rules of the department, relating to any part of the school district under their respective control. Whether or not to commence the suspension process under this rule shall be at the discretion of the secretary who will make this determination on a case by case basis.

B. The secretary, after consultation with the commission, shall suspend from authority and responsibility a local school board that has had notice of disapproval and fails to comply with the requirements or procedures of Subsection B of 6.30.6.9 NMAC.

C. To determine a failure to meet the requirements of law, department standards, or department rules, the secretary shall consider the following factors, including but not limited to:

(1) the existence of a pattern of noncompliance with requirements of any applicable law, department standards, state or federal rules, or department directives;

(2) the nature and severity of any identified area or areas of noncompliance with requirements of any applicable law, department standards, state or federal rules, or department directives;

(3) the nature and type of notice given by the department to the applicable local school board regarding the area or areas of noncompliance with requirements of law, department standards, or department directives;

(4) the opportunity to correct the area or areas of noncompliance, if correction is possible under the circumstances;

(5) the extent of any efforts to correct the area or areas of noncompliance; and

(6) the reasons given by the local school board for failing to comply with Subsection B of Section 22-2-14 NMSA 1978 or with other requirements of law, department standards, and department directives, leading to the proposed suspension.

D. If suspension is ordered, the department shall act in lieu of the suspended local school board, provided that any expenses or payments associated with the authority delegated by the secretary to act in lieu of the suspended local school board shall be the responsibility of the local school board as part of its operational funds.

E. Money budgeted by a local school board shall be spent first to attain and maintain the requirements for a school district as prescribed by law and by standards and rules as prescribed by the department. The department may disapprove instructional units or administrative functions that it determines to be detrimental to the educational process.

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