Current through Register Vol. 35, No. 18, September 24, 2024
Based on program monitoring and review of the annual report,
the department will determine whether the bilingual multicultural education
program is compliant pursuant to Section
22-23-1 NMSA 1978 and 6.32.2
NMAC.
A. If the department determines
that a program is compliant, the public school district may continue the
program as authorized in the approved application; districts providing a Native
American language revitalization program, or other approved Native American
bilingual multicultural education model, shall notify tribal councils or other
appropriate tribal entities with authority to make educational decisions on
behalf of Native American children of compliance and program
continuation.
B. If the department
determines that a program is not compliant, the department shall notify the
district of such non-compliance, including specific areas of non-compliance.
(1) Upon receipt of a notice of
non-compliance from the department, the district shall develop a program
improvement plan, with technical assistance from the department, to address the
non-compliance. This plan shall include provisions to adjust the curriculum,
program components or method of instruction, as necessary. The plan notify the
district. If the district remains non-compliant after the first year of
implementation of the program improvement plan, the district will be required
to re-evaluate the program improvement plan and make necessary adjustments. The
district shall report the results of this evaluation and any revisions to the
original program improvement plan to the department within 30 days, or, with
prior written approval of the department, additional time not to exceed 90
days, of receipt of the notice of non-compliance.
(2) A district in the process of implementing
a program improvement plan shall submit its annual report to the department and
will be evaluated by the department for compliance based on the standards
articulated in
6.32.2.15 NMAC, and not solely on
the basis of whether they have fully implemented and complied with the program
improvement plan.
(3) If upon
review, after receipt of the annual report submitted by a district with a
program improvement plan, the department determines that the district remains
non-compliant; the department shall [so] notify the district. If the district
remains non-compliant after the first year of implementation of the program
improvement plan, the district will be required to re-evaluate the program
improvement plan and make necessary adjustments. The district [must] shall
report the results of this evaluation and any revisions to the original program
improvement plan to the department within 30 days, or, with prior written
approval of the department, additional time not to exceed 90 days, of receipt
of the notice of non-compliance.
(4)
If a program is determined to be non-compliant after receiving three
consecutive notices of non-compliance, the department shall notify the district
and shall discontinue the program at the end of the third school year unless
the district can verify compliance to the satisfaction of the
department.
(5) A district may not
apply for approval for a bilingual multicultural education program for the
school year immediately following a discontinuation by the
department.
(6) Districts providing
a Native American language revitalization program, or other approved Native
American bilingual multicultural education model, shall notify tribal councils
or other appropriate tribal entities with authority to make educational
decisions on behalf of Native American children of non-compliance and provide
evidence of tribal consultation in the development of a program improvement
plan in accordance with the Indian Education Act, Sections
22-23A-1 through
22-23A-8 NMSA 1978 and the
Bilingual Multicultural Education Act, Section
22-23-1 NMSA 1978.
(7) All districts, regardless of any
discontinuation by the department, shall submit the annual report to the
department, for any year in which the district has provided assurances to the
department.
