New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 80 - ALTERNATIVE EDUCATION - CHARTER SCHOOLS
Part 5 - CHARTER SCHOOL GOVERNING BODY TRAINING REQUIREMENTS
Section 6.80.5.11 - GOVERNING BODY TRAINING PROVIDER APPROVAL

Universal Citation: 6 NM Admin Code 6.80.5.11

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

A. No source, individual, or entity may provide governing body training, as defined in the charter schools act, unless it is an approved provider providing a designated curriculum with a designated facilitator. The approved provider may provide, as governing body training, only those designated curricula with the designated facilitators for which it has received approval from the department. Department approvals are valid for a term of 36 months, but may be revoked at any time.

B. The department shall, at a minimum, accept application packages on a biannual basis from applicants seeking to be approved providers. The department shall publish the application and application deadlines on its website annually no later than January 1. The department may approve trainings provided by the department or other state agencies on its own review without requiring the department or another state agency to apply for approval of the training; this review may also occur upon request from a governing body member.

C. Review timeframes. The timeframes for approving or disapproving an application package are:

(1) administrative completeness review: 25 days;

(2) substantive review: 75 days; and

(3) overall: 100 days.

D. Administrative review. The administrative completeness review begins the day after the department receives an application package.

(1) An application package to provide governing body training shall be administratively complete if:
(a) the application package identifies a specific individual as a proposed facilitator;

(b) the application package contains all the required information, materials, documents, attachments, signatures, and notarizations identified in the application posted on the department's website;

(c) all the application package's components are formatted as required;

(d) the proposed designated curriculum addresses at least one of the required areas identified in Subsection A of 6.80.5.9 NMAC; and

(e) all templates are unmodified, completely filled out, and from the current application package.

(2) If the application package is administratively incomplete when received, the department shall provide the applicant a notice of deficiency that states the reasons the application package was found to be administratively incomplete.
(a) Upon written notice to the applicant that the application package is administratively incomplete, the department shall close the applicant's file.

(b) If the submission deadline has not yet passed, an applicant may correct deficiencies in an administratively incomplete application package and submit a new application package in the same application cycle.

(3) An applicant who believes their application was erroneously designated as administratively incomplete may submit a written request for reconsideration to the department within 14 days of the date of notice.
(a) The request for reconsideration shall contain a clear statement indicating how the previously submitted application package fulfilled each of the requirements that were identified as having been deficient. The request for reconsideration shall not provide any new or additional information, documents, or materials.

(b) A request for reconsideration that does not address each deficiency identified in the notice or that contains new or additional information, documents, or materials shall not be considered and the applicant shall be notified that the request was not submitted according to Subsection D of 6.80.5.11 NMAC, and the applicant's file shall be closed.

(4) The department shall review a request for reconsideration that is submitted according to Paragraph (3) of Subsection D of 6.80.5.11 NMAC and provide a decision on the request for reconsideration within 14 days of receipt.
(a) If the department determines the application package was erroneously designated as administratively incomplete, the department shall reopen the applicant's file and send a written notice of administrative completeness to the applicant.

(b) If the department determines the application package was correctly designated as administratively incomplete, the applicant's file shall remain closed.

(5) If the application package is administratively complete, the department shall send a written notice of administrative completeness to the applicant.

(6) If the department does not provide a notice of deficiency or administrative completeness to the applicant within the administrative completeness review time frame, the application package is deemed administratively complete.

E. Substantive review. The substantive review begins when an application package is determined to be administratively complete.

(1) Within the overall review timeframe, the department shall provide the applicant with written notice of its decision to approve or disapprove the application to provide governing body training.

(2) The department shall approve an applicant to provide a designated curriculum with a designated facilitator if the applicant meets the following substantive requirements:
(a) the applicant has provided evidence that demonstrates the designated facilitator has knowledge, skills, and experience constituting expertise in the area of the designated curriculum;

(b) the designated facilitator proposed by the applicant has not been a governing body member, administrator, senior leader, or business manager of a charter school that had its board of finance suspended or its charter revoked or non-renewed at the time of the activity that was the reason for the suspension, revocation, or non-renewal;

(c) the designated facilitator proposed by the applicant has not been convicted of a crime of moral turpitude, has not had a professional license revoked, and has not been subject to disciplinary action for ethical or fiscal misconduct;

(d) the applicant has demonstrated that the proposed designated curriculum addresses at least one of the required areas identified in Subsection A of 6.80.5.9 NMAC and is legally and factually accurate;

(e) the time allotted or planned for providing the training is sufficient and not excessive for the proposed content and materials provided;

(f) if the applicant intends on charging a fee for the governing body training, the fee is reasonable as compared to local and national providers of similar trainings;

(g) the proposed designated curriculum is designed to improve governing body members' knowledge, skills, and abilities to fulfill their statutory duties, comply with all applicable laws, and ensure charter schools meet the academic performance expectations of the department and the authorizer;

(h) if the training is to be provided virtually, the application includes a technology description that identifies methods that will be used to verify participant engagement throughout the training and terminate the training if the participant is not engaged. Virtual training shall also include an assessment of information understanding and retention at the end of training. The assessment shall be aligned to the training, shall not be passed with a score below eighty percent, and shall not allow multiple attempts by the participant.

The applicant describes a process it will use to evaluate the quality of the trainings, which includes end of training evaluations completed by all attendees to evaluate:

(i) the knowledge and skill of the facilitator;

(ii) the quality and relevance of the information;

(iii) what actions the attendees will take based on what they learned in the governing body training; and

(iv) the value of the governing training in improving the attendees' knowledge, skills, and abilities to fulfill their statutory duties and comply with all applicable laws.

F. Upon completion of the substantive review, the department shall provide the applicant a notice of denial or approval.

(1) If an application package meets the substantive requirements, the department shall provide a written notice of approval that contains:
(a) the name of the training and facilitator;

(b) the number of approved hours for which the training will be eligible;

(c) the areas identified in Subsection A of 6.80.5.9 NMAC that the training will fulfill;

(d) the training's department-assigned training course code; and

(e) a copy of the approved application package.

(2) If an application package does not meet the substantive requirements, the department shall provide a written notice of denial that contains:
(a) a specific description of the reasons the application package did not meet the substantive requirements; and

(b) a copy of the denied application package.

G. An applicant that receives a notice of denial may submit a revised application package and written request for reconsideration to the department within 14 days of the date of notice.

(1) The request for reconsideration shall contain:
(a) a clear statement indicating how the previously submitted application package has been revised to address the deficiencies identified in the written notice of denial; and

(b) a revised application package with changes tracked with strikeouts and red, underlined insertions.

(2) A request for reconsideration that does not address each deficiency identified in the notice shall not be considered, the applicant shall be notified that the request was not submitted according to Subsection D of 6.80.5.11 NMAC, and the applicant's file shall be closed.

H. The department shall review a revised application package and request for reconsideration that is submitted according to Subsection G of this section and provide a decision on the request for reconsideration within 21 days of receipt.

(1) If the department determines the revised application package meets the substantive requirements, the department shall provide a written notice of approval in accordance with Paragraph (1) of Subsection F of 6.8.50.11 NMAC.

(2) If the department determines the revised application package does not meet the substantive requirements, the department shall provide a written notice of final action and denial in accordance with Paragraph (2) of Subsection F of 6.8.50.11 NMAC. The applicant may submit a new application pursuant to any established application deadlines.

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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