Current through Register Vol. 35, No. 18, September 24, 2024
The comprehensive state approval process shall determine
whether an EPP earns approval for continued operation, is placed on probation,
or has its approval revoked. The EPP status shall determine the frequency of
comprehensive state approval site visits and the scope of EPP responsibilities.
EPPs shall be notified of their status by the department no later than November
30 annually.
A. Level one probation.
EPPs shall be placed on level one probation if the EPP fails to demonstrate
progress toward meeting objectives included in its EAR or if the certified
review team identifies an issue during the comprehensive state approval site
visit resulting in an underdeveloped classification outlined in Subsection C of
6.65.3.11
NMAC. The secretary shall notify the EPP of level one probation status in
writing no later than 30 calendar days after the EPP is placed on level one
probation. Responsibilities of EPPs on level one probation shall include the
following:
(1) participation in professional
development and technical assistance prescribed by the department;
(2) development of an improvement plan that
addresses program deficiencies that shall be submitted to the certified review
team for approval within 90 calendar days of notification of level one
probation status; and
(3)
participation in department monitoring to ensure implementation and progress as
outlined in the approved improvement plan.
(4) An EPP may exit level one probation after
one academic year and upon fulfillment of its probationary responsibilities and
demonstration of progress toward EAR objectives.
(5) Within two academic years, an EPP shall
fulfill its level one probationary responsibilities and demonstration of
progress toward EAR objectives. An EPP shall not be allowed to remain on level
one probation for more than two academic years after initial level one
probation status placement.
B. Level two probation. EPPs shall be placed
on level two probation if the EPP fails to demonstrate substantial progress
outlined in the improvement plan. The secretary shall notify the EPP of level
two probation status in writing no later than 30 calendar days after the EPP is
placed on level two probation. Responsibilities of EPPs on level two probation
shall include the following:
(1) participation
in professional development and technical assistance prescribed by the
department;
(2) development or
amendment of an improvement plan that addresses program deficiencies that shall
be submitted to the certified review team for approval within 90 calendar days
of notification of level two probation status;
(3) participation in department monitoring to
ensure implementation and progress as outlined in the approved improvement
plan; and
(4) participation in an
annual state approval site visit until the EPP exits level two
probation.
(5) An EPP may exit
level two probation to level one probation after one academic year and upon
fulfillment of its probationary responsibilities and demonstration of progress
toward EAR objectives.
(6) Within
two academic years, an EPP shall fulfill its level two probationary
responsibilities and demonstration of progress toward EAR objectives. An EPP
shall not be allowed to remain on level two probation for more than two
academic years after initial level two probation status placement.
C. Revocation.
(1) The department may revoke an EPP's
approval for any of the following reasons:
(a)
not exiting level one or level two probation status within two academic years;
or
(b) failing to meet reporting or
compliance requirements as set forth by statute, department regulation, or
guidance provided in department manuals.
(2) The department shall notify EPP providers
of revocation in writing no later than 30 calendar days after the EPP's
approval is revoked. Immediately upon receipt of a notice of revocation, the
EPP provider shall do the following:
(a) cease
recruitment and acceptance of new candidates;
(b) allow candidates enrolled in the EPP to
complete the licensure program, provided they complete the program within three
semesters of the notice of revocation; and
(c) work with candidates unable to complete
the licensure program within three semesters by providing options for transfer
to another EPP.
(3) An
EPP provider that has received a notice of revocation may file a request for
reconsideration by the department no later than 30 calendar days after the
notice of revocation has been received.
(a)
The department shall review the materials submitted by the EPP provider for
reconsideration including written statements of position, documents, and
comments supporting the claim.
(b)
The department, after considering the request, shall make a decision and inform
the EPP provider in writing of its decision within 60 calendar days of receipt
of the request for reconsideration.
(c) The decision of the department shall be
final.
(4) An EPP with
revoked approval shall wait two years following the date of revocation before
reapplying via the application process defined in
6.65.3.8
NMAC.