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 6.80.5.13 - SUSPENSION OR REVOCATION OF APPROVAL OF GOVERNING BODY TRAINING

Universal Citation: 6 NM Admin Code 6.80.5.13

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

A. Any approved provider may have that approval suspended or revoked for the following reasons:

(1) Failure to timely provide the reporting identified in 6.80.5.12 NMAC, including:
(a) annual reports; or

(b) reports of trainings that will be provided that were not identified in the annual reports.

(2) A change in the status of the designated facilitator as an eligible facilitator as a result of any of the following:
(a) the charter school of which the designated facilitator is a governing body member, administrator, senior leader, or business manager has its board of finance suspended or its charter revoked or non-renewed, and the designated facilitator was in the role at the school at the time of the activity that was the reason for the suspension, revocation, or non-renewal; or

(b) the designated facilitator is convicted of a crime of moral turpitude, has a professional license revoked, or has been subject to disciplinary action for ethical or fiscal misconduct.

(3) Failure to keep appropriate and accurate governing body training records, which may include:
(a) falsifying attendance records for any governing body member;

(b) failing to provide or collect responses to the end of training survey;

(c) failing to provide verification of completion or attendance; or

(d) failing to keep sign-in and sign-out logs.

(4) Providing a governing body training that is not approved while identifying the training as approved, which may include:
(a) using a facilitator other than the designated facilitator;

(b) using a curriculum other than the designated curriculum;

(c) charging a fee in excess of the reasonable fee identified in the application; or

(d) providing training for a time period that is substantially shorter than the time for which the training is approved.

B. If the department determines there is reason to suspend or revoke the approved provider status, the department shall provide a written notice of contemplated revocation or suspension.

(1) The notice shall contain:
(a) the training course codes and names for which the revocation or suspension is being considered;

(b) a specific description of the reasons for the suspension or revocation;

(c) if the department is proposing a suspension, the term and scope of the suspension; and

(d) the process for responding to the notice of contemplated revocation or suspension.

(2) An approved provider that receives a written notice of contemplated revocation or suspension may submit a response within 14 days of receiving the notice. The response shall contain:
(a) a clear statement that responds to each of the reasons for the contemplated action; and

(b) evidence or documentation to support the statement.

(3) The department shall review a response to a notice of contemplated revocation or suspension within 21 days of receipt.
(a) If the department determines the suspension or revocation is appropriate and justified, the department shall provide a written notice of suspension or revocation in accordance with Paragraph (1) of Subsection B of 6.80.5.13 NMAC.

(b) If the department determines the suspension or revocation is not appropriate and justified, the department shall provide a written notice that identifies:
(i) the continued term of approval for each of the training course codes and names for which the revocation or suspension was being considered; and

(ii) the specific response and evidence that supported the finding that the suspension or revocation was not appropriate or justified.

C. If an approved provider is suspended or revoked, the department shall, within seven days of the action remove that approved provider's trainings from the listing on its website identified in Subsection D of 6.80.5.11 NMAC. The department shall also provide notice on its website that the approved provider has had its approval revoked or suspended.

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