Current through Register Vol. 35, No. 18, September 24, 2024
A.
Other grounds for denial of applications: Subject to the procedures set forth
below, the educator ethics bureau (EEB), or the PLB may deny an application for
initial or continuing licensure for incompetency, immorality or for any other
good and just cause. "Other good and just cause" may include but shall not be
limited to any of the following:
(1) a
material misstatement of fact by an applicant in connection with the initial
licensure application process or the continuing licensure application process;
or
(2) the denial of an application
for licensure or the suspension or revocation of an applicant's educational or
other relevant professional certificate(s) or license(s) by the certification
or licensing authorities of this or any other state or by a national licensing
board or bureau; or
(3) material
noncompliance with any provision(s) of PED rules prescribing the terms and
conditions of employment contracts for licensed school personnel in New Mexico
at a time when the person charged was subject to those rules; or
(4) a willful violation of any PED rule
prescribing standards of conduct for licensed school personnel at a time when
the person charged was subject to such requirement; or
(5) a conviction of any felony or a
misdemeanor involving moral turpitude, subject to the provisions of the
Criminal Offender Employment Act, Section
28-2-1, et
seq., NMSA 1978; or
(6) a failure
to comply with a judgment and order for support pursuant to the Parental
Responsibility Act, Section
40-5A-1,
NMSA 1978; or
(7) the intentional
alteration of any college transcripts or any license issued by the PED in
connection with any private or public employment or in any dealings with the
PED; or
(8) the failure or refusal
by an applicant for licensure with a criminal history to timely provide
documents requested by the PED evidencing applicant's rehabilitation,
satisfaction of court orders or successful termination of probation;
or
(9) failing to meet the
continuing education requirements for level 2 competencies where a local
superintendent recommends to the secretary that the teacher's level 2 license
be suspended in accordance with 6.69.4 NMAC.
B. Reporting requirements: Every school
superintendent or the person designated by the governing authorities of state
agencies, private schools or charter schools shall provide written notification
to the director of EEB or PLB (director) of purported facts reasonably believed
by a superintendent to constitute grounds under this rule for denial of an
educator license or continuing licensure. At a minimum, the written
notification shall include the name and address of the individual, the
personnel action taken by the school district, if any, and a statement of
reasons for the action. The following are not justifications for failing to
report this information to the director: whether or not the personnel action is
final; whether or not the personnel action was taken by a different school
district; whether or not the licensed person resigned from a different school
district pending investigation for misconduct; whether or not a person has been
licensed for three (3) or more years; whether or not any adverse personnel
action is/was reversed. Written notification shall be made to the director
within 30 calendar days of the sooner of any adverse personnel action or
discovering purported facts reasonably believed to constitute grounds for
licensure denial. Failure of a superintendent to provide such written
notification to assist the PED's licensure process shall not bar the PED from
denying an application or serving notice on an applicant.
C. Recommendation for denial of application.
(1) If the director of the EEB or PLB
concludes that sufficient grounds exist under Subsection A of 6.68.2.10 NMAC to
serve a notice on the applicant, the procedures set forth in 6.68.2.12 NMAC
shall be initiated subject to the approval of the assistant secretary for
educator quality. In all other cases, the license(s) applied for shall be
issued unless the applicant fails to qualify as provided in 6.68.2.9 NMAC or in
Paragraph (2) of Subsection C below.
(2) If a statement from a local
superintendent that an applicant has failed to satisfactorily demonstrate the
competencies required by the PED for the level of license sought or held is
received by the director of the PLB pursuant to Subsection A of 6.68.2.11 NMAC,
the following procedures shall be followed unless the applicant otherwise fails
to qualify pursuant to 6.68.2.9 or Subsection A of 6.68.2.10 NMAC:
(a) the director shall review the local
superintendent's finding that the applicant has not satisfactorily demonstrated
the required competencies for the level of license sought or held;
and
(b) if the director finds
substantial evidence that the superintendent or governing authority failed to
comply with 6.68.2.11 NMAC, the director shall issue the license; or
(c) if the director finds that the local
superintendent has complied with 6.68.2.11 NMAC and the applicant is either a
level 1 licensee who is completing the fifth (5th) and final year of level 1 or
a level 2 or 3 licensee who is subject to losing their level 2 or 3 licensure,
then the director shall cause the notice, pre-hearing, hearing and secretary
review procedures set forth in 6.68.2.12 NMAC and the ULA to be initiated. In
all other cases where the director finds that the local superintendent has
complied with 6.68.2.11 NMAC, the director shall notify the applicant of that
finding within 14 days and the applicant shall then have 30 days to request
that the secretary review the director's finding. In such case, the secretary
shall have 30 days to review the director's finding and the secretary's
decision shall be final.
