TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 29 STANDARDS FOR EXCELLENCE
PART 1 GENERAL PROVISIONS
6.29.1.1 ISSUING
AGENCY:
Public Education Department hereinafter referred to as the department.
[6.29.1.1 NMAC - Rp, 6.30.2.1 NMAC, 6/30/2009]
6.29.1.2 SCOPE: All public schools, state
educational institutions and educational programs conducted in state
institutions other than New Mexico military institute.
[6.29.1.2 NMAC - Rp, 6.30.2.2 NMAC, 6/30/2009]
6.29.1.3 STATUTORY AUTHORITY:
This rule is being
promulgated pursuant to Sections 9-24-8, 22-2-2, 22-2C-3, 22-2C-4, 22-5-13,
22-13-1.1, and 22-13-14 NMSA 1978.
[6.29.1.3 NMAC - Rp, 6.30.2.3 NMAC, 6/30/2009;
A, 12/15/2020]
6.29.1.4 DURATION: Permanent.
[6.29.1.4 NMAC - Rp, 6.30.2.4 NMAC, 6/30/2009]
6.29.1.5 EFFECTIVE
DATE:
June 30, 2009, unless a later date is cited at the end of a section.
[6.29.1.5 NMAC - Rp, 6.30.2.5 NMAC, 6/30/2009]
6.29.1.6 OBJECTIVE: This rule provides for the
implementation of educational standards and expectations for all students who
attend public schools in the state. The
New Mexico content standards with benchmarks and performance standards specify
the goals for instruction.
[6.29.1.6 NMAC - Rp, 6.30.2.6 NMAC, 6/30/2009;
A, 12/15/2020]
6.29.1.7 DEFINITIONS:
A. “Ability program of study” means an
alternative graduation option for students with disabilities. This option is based on the student's meeting
or exceeding IEP goals and objectives, with or without reasonable
accommodations of delivery and assessment methods, referencing skill attainment
at a student's ability level, which provides a clear and coordinated transition
to meaningful employment or other appropriate day habilitation or community
membership and independent living, as appropriate to meet anticipated
functional needs.
B. “Accreditation”
means the official recognition that a school or school district meets
required standards. Schools are
accredited by voluntary regional accrediting associations or by state
government. Accreditation also refers to
the process of certifying that institutions of higher education meet certain
standards in relation to such matters as the qualifications of their faculty,
the condition of their facilities, and the appropriateness of their curriculum.
C. “Advanced
placement (AP)” means a course taught by high school teachers trained in
advanced placement course delivery provided through the college board. These courses are more difficult and involve
more work than a standard class. AP
courses are considered college-level courses and may allow a student to earn
college credit, depending on college or university policies.
D. “Bilingual multicultural education”
means a program of instruction using two languages, including English and the
home or heritage language, as a medium of instruction in the teaching and
learning process.
E. “Career and technical education” means organized programs offering a sequence of courses,
including technical education and applied technology education, which are
directly related to the preparation of individuals for paid or unpaid
employment in current or emerging occupations requiring an industry-recognized
credential, certificate, or degree. This
phrase is also referred to as “vocational education” at Section 22-14-1 NMSA
1978.
F. “Career cluster” means a grouping of
occupations in industry sectors based on recognized commonalities. Career clusters provide an organizing tool
for developing instruction within the educational system.
G. “Career pathways” means a sub-grouping
used as an organizing tool for curriculum design and instruction of occupations
or career specialties that share a set of common knowledge and skills for
career success.
H. “Career readiness program of study”
means an alternative graduation option for students with disabilities. This option is based on meeting the
department's employability and career education standards with benchmarks and
performance standards as identified in the student's IEP.
I. “Caseload”
means the total number of students receiving special education and speech-only
services as special education, for whom a special education teacher or speech
language pathologist has responsibility for developing and monitoring the
students' IEPs. “Caseload” may also mean
the number of students for which individual support services staff members are
responsible.
J. “Chartering authority” means a local school
board or the commission that approves and oversees a charter school.
K. “Commission” means the public education
commission.
L. “Class load” means the number of
students for whom a teacher structures activities at a given time.
M. “Content
standard” means a statement about performance that describes what students
should know and be able to do in content areas at each grade level.
N. “Correspondence course” means a form of
distance learning conducted via traditional mail. A correspondence course is used to teach
non-resident students by mailing them lessons and exercises, which upon
completion, are returned to the correspondence school for grading.
O. “Dual
credit program” means a program that allows high school students to enroll
in college-level courses offered by a post-secondary educational institution
that may be academic or career-technical but not be remedial or developmental,
and simultaneously to earn credit toward high school graduation and a post-secondary
degree or certificate.
P. “Educational plan for student success
(EPSS)” is the strategic plan written by all school districts and schools
to improve student performance.
Q. “English
language learner” means a student whose first or heritage language is not
English and who is unable to read, write, speak or
understand English at a level comparable to grade-level English proficient
peers and native English speakers.
R. “Free appropriate public education (FAPE)”
means special education and related services that are provided at public
expense, under public supervision and direction without charge, which meet the
standards of the department in providing appropriate preschool, elementary or
secondary education in New Mexico; and which are provided in conformity with an
individualized education program (IEP) that meets the requirements of 34 CFR
Sections 300.320 through 300.324.
S. “Family Educational Rights and Privacy Act
(FERPA)” means rights, pursuant to 20 U.S. Code 1232(g) and 34 CFR Part 99,
afforded to parents and students over 18 years of age with respect to the
student's education records, that include: the right to inspect and review the
student's education records within 45 days, the right to request amendment to
the student's education records for various reasons, the right to consent or
refuse to consent to disclosures of personally identifiable information in the
student's records (except for those records that FERPA authorizes for
disclosure without consent) and the right to file a complaint with the U.S.
department of education concerning non-compliance with FERPA.
T. “Gifted
child” means a school-age person as defined in Subsection D of Section
22-13-6 NMSA 1978 whose intellectual ability paired with subject matter
aptitude/achievement, creativity/divergent thinking, or
problem-solving/critical thinking meets the eligibility criteria in 6.31.2.12
NMAC and for whom a properly constituted IEP team determines services are
required to meet the child’s educational needs.
U. “Heritage language” means a language
other than English that is inherited from a family, tribe, community, or
country of origin.
V. “Home language” means a language other
than English that is the primary or heritage language spoken at home or in the
community.
W. “Individuals with Disabilities Education
Improvement Act of 2004 (IDEA)” means the federal Individuals with
Disabilities Education Improvement Act of 2004, 20 U.S. Code Secs. 1401 et
seq., including future amendments.
X. “Individualized
education program (IEP)” means a written statement for a child with a disability
that is developed, reviewed, and revised in accordance with 34 CFR Secs.
300.320 through 300.324.
Y. “Laboratory component” means an
experience in the laboratory, classroom or the field that provides students
with opportunities to interact directly with natural phenomena or with data
collected by others using tools, materials, data collection techniques and
models. Throughout the process, students
should have opportunities to design investigations, engage in scientific
reasoning, manipulate equipment, record data, analyze results, and discuss
their findings.
Z. “Local educational agency (LEA)” means
a local educational agency as defined in 34 CFR Sec. 300.28. The LEA may be a public school district, a
state-chartered charter school, or a state educational institution.
AA. “Multi-Layered
System of Supports (MLSS)” means a coordinated and comprehensive framework
that uses increasingly intensive evidence-based academic and behavioral
supports that address student needs as evidenced by student data. It is a model for holistic school improvement
that provides progress measures for additional supports such as school-based
team structures, professional development, health and wellness, and family and
community engagement. MLSS satisfies the definition of “multi-tiered system of
supports” contained within the ESSA.
AB. “Performance
standard” means the statement of a standard that describes the specific
level of mastery expected in achieving the New Mexico content standards with
benchmarks.
AC.
“Prior written notice (PWN)” means
the written notice that goes to parents from the school district, informing
them the district proposes or refuses to initiate or change the identification,
evaluation or educational placement of their child, or the provision of FAPE to
the child, and which meets the requirements of 34 CFR Sections 300.503 and
300.504.
AD. “School improvement framework” means a
document written by the department that is used by public schools and districts
to develop and monitor their school improvement plans. The school improvement framework shall align
with the district's EPSS.
AE. “Short-cycle
assessment” is a formative assessment that is regularly used to assess
student performance over a short time period.
AF. “Socioeconomic
status” means the stratification of groups of people by status ascribed
through social constructs such as race, gender, ethnicity, educational
attainment, economic resources, language, and national origin.
AG. “Standard program of study” means a
program of study that is based on the student's meeting or exceeding all
requirements for graduation as specified in Section 22-13-1.1 NMSA 1978.
AH. “State educational institution” means a
school that is under the direction of a state agency other than the department
or a separate board of regents.
AI. “Student
assistance team (SAT)” means a
school-based group of people whose purpose is to provide additional educational
support to students experiencing difficulties preventing them from benefitting
from general education.
AJ. “System
of assessments” means the collection of instruments that assess student
academic performance annually and the students’ progress toward meeting the New
Mexico content standards with benchmarks and performance standards.
AK. “Transition
plan” means a coordinated set of activities for a student with a
disability, which specifies special education and related services designed to
meet a student's unique needs and to prepare the student for future education,
employment, and independent living. The
use of individualized educational program (IEP) transition planning, graduation
planning and post-secondary transitions is described
in Subparagraph (a) of Paragraph (13) of Subsection J of 6.29.1.9 NMAC.
[6.29.1.7 NMAC - Rp, 6.30.2.7 NMAC, 6/30/2009;
A, 10/31/2011; A, 12/15/2020]
6.29.1.8 IMPLEMENTATION: This regulation shall
assist in the implementation of standards for excellence through
the use of the educational plan
for student success (EPSS), content standards with benchmarks and
performance standards, and additional program and procedural requirements
specified in this regulation. The
primary mechanism for planning and implementation is the educational plan for student success (EPSS).
A. District
responsibilities for the EPSS. The EPSS
is a strategic improvement plan that is written or revised based on trend data
and the academic achievement of the school and district. Each district is required to develop,
implement, monitor and evaluate the plan on an annual
basis. Additionally, the district shall
ensure that a site-level EPSS is developed by each school within the district
and by each charter school for which the district is the chartering
agency. State-chartered charter schools
shall develop a site-level EPSS.
Districts with fewer than 600 students may write only one EPSS for the
entire district; however, a district with a school in or receiving a school
improvement status classification is not eligible for this option. The EPSS shall be guided by the following four
questions:
(1) What
is the current level of performance compared with the annual measurable
objectives (AMOs)? This requires a
review of student performance data using system of assessments trends,
available short-cycle assessments and other assessments used at local sites.
(2) Where
does the district or charter school need to be, compared with the AMOs? This requires a review of overall
goals/target areas (performance indicators).
(3) How
will the district or charter school achieve its stated goals/target areas? This requires development of strategies and
activities for improvement.
(4) How
does the district or charter school know it is meeting short-term and annual
goals? This requires a review of
available short-cycle and system of assessments data.
B. The school improvement framework. The
school improvement framework is the document that is used by public schools
and districts to develop, implement, monitor and
evaluate schools in the school improvement process. The department shall develop the framework in
alignment with applicable state and federal laws. It shall be revised annually or as necessary, and approved by the secretary.
[6.29.1.8 NMAC - Rp, 6.30.2.9 NMAC, 6/30/2009;
A, 10/31/2011; A, 12/15/2020]
6.29.1.9 PROCEDURAL
REQUIREMENTS:
A. Duties
and powers of the local board of education.
In addition to the powers and duties set out in Section 22-5-4 NMSA 1978
and Section 22-1-1 et seq. NMSA 1978 of the Public School
Code, the local board of education shall:
(1) review,
approve, and support the district's department approved improvement plan and
each school site-level department approved improvement plan, or the charter
school's department approved improvement plan;
(2) employ
and evaluate the local superintendent or charter school administrator;
(3) develop
a planned program of training annually, in which each member of the board
participates, to assist in the performance of specified duties; this planned
program shall align with the district's EPSS; training shall include the
following requirements and procedures.
(a) All
local school board members shall receive a total of five hours of annual
training provided by the New Mexico school boards association (NMSBA) and shall
include a minimum of one hour of training during each term in office on equity
and culturally and linguistically responsive practices.
(b) Newly
elected or appointed local school board members, who are in office for less
than a year, shall receive three of the five hours from attending a training
course developed by the department and sponsored by the NMSBA. The additional two hours of annual training
for new board members shall consist of sessions sponsored by the NMSBA and
approved by the department.
(c) All
local school board members who have been in office for one or more years shall
attend five hours of annual training sponsored by the NMSBA and approved by the
department.
(d) In
order to be credited with attendance at these courses, each attendee shall
comply with written attendance procedures established by the department. Prior to September 1 of each year, the NMSBA
shall provide each local superintendent with a list of training hours earned
annually by each local school board member.
The school district's accountability report shall include the names of
those local school board members who failed to attend annual mandatory training
(see Subsection G of Section 22-2C-11 NMSA 1978);
(4) delegate
administrative and supervisory functions to the local superintendent or charter
school administrator;
(5) refrain
from involvement in delegated administrative functions;
(6) review
district or charter school policies on an annual basis and revise as needed;
(7) award
high school graduation diplomas to students who have successfully completed
graduation requirements;
(8) ensure
the alignment of district or charter school curricula with New Mexico content
standards with benchmarks and performance standards;
(9) ensure
that district or charter school funds are appropriately managed and disbursed
in accordance with laws, regulations and terms of grants;
(10) approve
the annual district or charter school budget;
(11) be
responsible for oversight of revenue and expenditures within the district or
charter school budget; and
(12) coordinate
with the district’s superintendent to establish the procedures for discharging
and terminating school employees pursuant to Section 22-5-4 NMSA 1978 and the
School Personnel Act (Chapter 22, Article 10-A NMSA 1978).
B. Duties
and powers of the governing body of a charter school. In addition to the powers and duties set out
in Section 22-5-4 NMSA 1978 and Section 22-1-1 et seq. NMSA 1978 of the Public School Code, the governing body of a charter school
shall:
(1) review, approve
and support the district's department approved improvement plan and each school
site-level department approved improvement plan, or the charter school's
department approved improvement plan;
(2) employ
and evaluate the local superintendent or charter school administrator;
(3) develop
a planned program of training annually, in which each member of the governing
body participates, to assist in the performance of specified duties; this
planned program shall align with all requirements of statute and any other
department regulations;
(4) delegate
administrative and supervisory functions to the local superintendent or charter
school administrator;
(5) refrain
from involvement in delegated administrative functions;
(6) review
district or charter school policies on an annual basis and revise as needed;
(7) award
high school graduation diplomas to students who have successfully completed
graduation requirements;
(8) ensure
the alignment of district or charter school curricula with New Mexico content standards
with benchmarks and performance standards;
(9) ensure
that district or charter school funds are appropriately managed and disbursed
in accordance with laws, regulations and terms of grants;
(10) approve
the annual district or charter school budget;
(11) be
responsible for oversight of revenue and expenditures within the district or
charter school budget; and
(12) coordinate
with the district’s superintendent to establish the procedures for discharging
and terminating school employees pursuant to Section 22-5-4 NMSA 1978 and the
School Personnel Act (Chapter 22, Article 10-A NMSA 1978).
C. Duties
and powers of the district superintendent or the administrator of a charter
school. In addition to the powers and
duties set out in Section 22-5-14 NMSA 1978 of the Public
School Code, the local superintendent (or charter school administrator,
where relevant) shall:
(1) administer
local board’s (or governing body of a charter school's) policies, state and
federal requirements and applicable laws, including the Public School Code;
(2) be
accountable for student achievement; budget management; expenditure of funds;
dissemination of information; district or charter school communications;
development, implementation and evaluation of the EPSS and all other district
or charter school business;
(3) review,
approve and support the district EPSS and each school site-level EPSS or the
charter school's EPSS;
(4) attend
all local board or governing body of a charter school's meetings or, when
necessary, designate a licensed administrator to attend;
(5) ensure
that school patrons and the public are informed and involved in the
acquisition, planning and development of school facilities and that students
are provided with adequate facilities which conform to state and federal mandates;
(6) be
accountable for student safety (see 6.12.6 NMAC - School District Wellness Policy):
(a) ensure
that all students are supervised while on school property and while attending
or traveling to school events or activities on school-provided transportation;
(b) ensure
that all buildings, grounds and facilities provide a safe and orderly
environment for public use (see Subsection P of 6.29.1.9 NMAC - School Facilities and Grounds; Paragraph
(8) of Subsection D of 6.12.6.8 NMAC - School
District Wellness Policy and 6.19.3 NMAC - Unsafe School Choice Option);
(7) administer
and implement the district's or charter school's approved staff accountability
plan and procedures;
(8) ensure
that a process is in place to identify, train, assign and support the use of
unlicensed content-area experts as resources in classrooms, team teaching,
online instruction, curriculum development and other purposes as determined by
the superintendent, which shall include, but not be limited to, the following:
(a) establish
the specific expertise of the person;
(b) obtain
a background check and fingerprint records;
(c) provide
the person with a three-hour training, prior to entering a classroom, about how
the school operates, appropriate teaching methods and expectations of principal
and assigned teacher;
(d) establish
a start date and ending date for the person;
(e) ensure
that the person is under the direct supervision of the teacher assigned when
students are present; and
(f) provide
for an evaluation of services upon completion of the assignment;
(9) shall
issue the following notifications in accordance with Section 22-10A-16 NMSA
1978, in addition to any other parental notification requirements contained in
the federal Elementary and Secondary Education Act of 1965, as amended; a
school district or charter school shall issue these notifications in English
and, to the extent possible, in the language of the parent or guardian (if it
is known that the parent or guardian's home or heritage language is not
English); the district or charter school shall retain a copy of all
notifications and shall ensure that information required under this paragraph
is available to the public upon request.
(a) Within
60 calendar days from the beginning of each school year, a school district or
charter school shall issue a notice to parents informing them that they may
obtain written information regarding:
(i) the professional qualifications of
their child's teachers, instructional support providers and school principals
or charter school administrators;
(ii) other
descriptive information, such as whether their teacher has met all
qualifications for licensure for the grade level and subjects being taught;
(iii) whether
their child's teacher is teaching under a teaching or assignment waiver;
(iv) the
teacher's degree major and any other license or graduate degree held by the teacher;
(v) the
qualifications of any instructional support providers that serve their child.
(b) When,
by the end of a consecutive four-week period, a child is still being taught by
a substitute teacher or a teacher not holding the requisite licensure or
licensure endorsement, the school district or charter school shall provide
written notice to the parent or guardian that the child is being taught by a
substitute teacher or a teacher not holding the requisite licensure or
licensure endorsement.
(c) No
class may be taught by a substitute teacher, in lieu of a licensed teacher
under contract, for more than 45 school days during a school year.
(d) The
secretary shall consider deviations from the requirements of Subparagraph (c)
of Paragraph (9) of Subsection C of 6.29.1.9 NMAC when a written request by a
local superintendent or charter school administrator is submitted. The request shall include:
(i) the size of the school district;
(ii) the
geographic location of the district;
(iii) demonstrated
efforts to employ an appropriately-licensed person in
the area(s) of need;
(iv) the historical
use of substitutes in the district; and
(v) an
estimation of the number of days that a substitute will be utilized that exceed
the 45 day limit.
D. Licensed
staff and administrators.
(1) The
licensed staff shall exercise duties specified in law and those assigned by the
local district or charter school.
(2) As
required by state and federal law, all licensed staff and administrators shall
be evaluated on an annual basis.
(3) The
detection and reporting of child abuse or neglect is required by both the
Children's Code (32A-4-3 NMSA 1978) and the Public School
Code (22-5-4.2 NMSA 1978). Abuse of a
child under the Children's Code refers to the physical, sexual, emotional or psychological abuse of a child by a parent,
guardian or custodian. According to the
Children's Code, failure to report abuse or neglect of a child is a
misdemeanor. The terms “abuse” and
“neglect” are defined in detail in Section 32A-4-2 NMSA 1978 of the Children's
Code. There is also the crime of child
abuse, which consists of anyone who knowingly, intentionally, negligently or
without cause, causes or permits a child to be placed in a situation of
endangerment to the child's life or health, torturing or cruelly confining a
child, or exposing a child to the inclemency of weather. To address the detection and reporting of
child abuse or neglect in public schools:
(a) school
districts and charter schools shall adopt written policies that establish a
process for the coordination and internal tracking of child abuse or neglect
reports made by district personnel;
(b) school
districts and charter schools shall include in their policies a requirement
that all personnel shall immediately report suspected child abuse or neglect to
either a law enforcement agency, the New Mexico children, youth and families department, or a tribal law enforcement or social
services agency for any Indian child residing on tribal land;
(c) school
districts and charter schools shall not require their personnel to first report
to or notify designated school personnel or go through their chain of command
before making the mandatory report described in Subparagraph (a) of Paragraph
(3) of Subsection D of 6.29.1.9 NMAC;
(d) no
school district or charter school shall adopt a policy that relieves any
personnel of their duty to report suspected child abuse or neglect;
(e) school
personnel detecting suspected child abuse or neglect, including the suspected
crime of child abuse, shall immediately - i.e., the same day - report their
observations to one of the offices designated in Subparagraph (b) of Paragraph
(3) of Subsection D of 6.29.1.9 NMAC;
(f) all
licensed school personnel, including substitute teachers, educational
assistants, school nurses, school counselors, school psychologists and other
instructional service providers shall complete training provided by the
department in the detection and reporting of child abuse or neglect, within
their first year of employment by, or providing services to, a school district
or charter school;
(g) all
persons who have never received training required under Subparagraph (f) of
Paragraph (3) of Subsection D of 6.29.1.9 NMAC shall make arrangements to
receive training before the end of their current school year;
(h) the
department shall develop a training program to detect child abuse or neglect,
in coordination with the New Mexico human services department and the New
Mexico department of health. This
program shall be made available to all colleges, school districts and charter
schools in the state offering teacher preparation courses;
(i) nothing in Paragraph (3) of
Subsection D of 6.29.1.9 NMAC shall be interpreted as preventing a school
district or charter school from developing and providing its own training for
all staff to detect and report suspected child abuse or neglect, in addition to
the training offered by the department.
E. Student
intervention system. The school and school
district shall follow the multi-layered system of supports (MLSS), which is a
three-layer model of student intervention as a proactive system for early
intervention for students who demonstrate a need for educational support for
learning or behavior. All students
shall have access to layer 1, 2, and 3 interventions without a need to convene
a SAT team or a referral to special education or related services. At any layer, a referral from a parent, a
school staff member, or if other information available to a school or district
suggests that a particular student needs educational support for learning or
behavior, then the student shall be referred to the SAT. Likewise, at any layer, a parent may request
initial evaluation to determine whether a student is a child with a disability
requiring special education and related service, in accordance with 6.31.2.10
NMAC. There are no additional
documentation requirements under the MLSS outside of what is already required
for education professionals.
(1) In layer 1, the school and school district shall
ensure that adequate universal screening in the areas of general health and
well-being, language proficiency status, and academic levels of proficiency has
been completed for each student enrolled.
If data from universal screening and progress monitoring suggests that a
particular student is in need of additional behavioral
and academic supports, then teacher teams shall make a determination on whether
or not the student would benefit from layer 2 interventions. Teacher teams, when making a
determination for moving a student up or down a layer may consult with
non-teacher staff such as counselors, paraprofessionals, administrators, and
ancillary personnel to inform the teacher team on how to plan and implement
relevant learner interventions in the general education environment.
(2) In layer 2, a properly-constituted
teacher team shall conduct the student study process and consider, implement,
and document the effectiveness of appropriate evidence-based interventions
utilizing curriculum-based measures. As
part of this process, the teacher team shall address culture and acculturation,
socioeconomic status, possible lack of appropriate instruction in reading or
math, teaching and learning styles and instructional delivery mechanisms in order to rule out other possible causes of the student's
educational difficulties.
(3) In
layer 3, students are provided with intensive academic and behavioral supports
that are progress monitored on a bi-weekly basis. At the end of each progress
monitoring cycle, the teacher team shall evaluate the efficacy of the supports
provided using all available data. At that time, the teacher team may decide
whether to continue with the current support, change the intensity, or nature
of support. If progress monitoring data suggests that the learner has benefited
from provided layer 3 supports and does not show concern for recidivism, than the teacher team may decide to move the student out of
receiving layer 3 supports.
(4) All students shall have access to the MLSS
layers of screening and support without a referral to SAT or an evaluation to
determine eligibility for special education and related services. Nothing in
this section prevents a school district from evaluating a student during the
provision of any layer of MLSS to determine whether the student is a
child with a disability requiring special education and related services. A parent may request an initial special
education at any time during the public agency’s implementation of MLSS, and a
school or school district may determine a referral to special education is
necessary at any time during the implementation of MLSS if the student is
suspected of having a disability. If a school
district rejects a request for initial special education evaluation, the parent
may use the IDEA procedural safeguards in 34 CFR Secs. 300.506 through 5007 to
dispute the rejection of the request to evaluate.
(5) The
department's manual, Multi-Layered System
of Supports, shall be the guiding
document for schools and districts to use in implementing the student
intervention system.
F. Records
and reports.
(1) Each
district and charter school shall maintain and treat all personally
identifiable educational records in accordance with the Family Educational
Rights and Privacy Act (FERPA), the implementing regulations set forth at 34
Code of Federal Regulations, Part 99 and Inspection of Public Records Act,
Sections 14-2-1 through 14-2-12 NMSA 1978.
(2) All
records shall be safe from fire and theft and stored in a retrievable
manner. All student records, including
disciplinary and grading records, shall be retained
and disposed of pursuant to 1.20.2 NMAC.
(3) Transcripts
and copies of pertinent records of students transferring from one school to
another, including disciplinary records with respect to suspension and
expulsion, shall be forwarded promptly upon written request by the receiving
school.
(4) Local
school boards and governing bodies of charter schools shall establish policies
providing for inspection of education records by students and parents.
(5) Effective
July 1, 2009, after the administration of the high school system of assessments,
school districts and charter schools are required to record test results on
each student's official transcript. The
information recorded shall include the following:
(a) district
and high school administering the examination;
(b) date
of examination administration;
(c) results
of the examination for each subject area tested; and
(d) reports
of the results in a format and language that is understandable to parents.
G. Organization
of grade levels and establishing/closing schools. Any change in a school district or charter
school's organizational pattern, including the establishment or closing of a
school, shall have the secretary's approval prior to implementation. Requests for change shall be submitted using
the department's organization of grade
levels and establishing/closing school waiver request form. This form shall include:
name of superintendent; district/school; mailing address; phone; fax; email
address; name of a secondary contact person including the same information;
date of submission; local board policy requirement and approval, if required;
date of board approval; statement of applicable district or charter school
policy and rationale for request. The
waiver request shall outline the expected educational benefits.
H. Class
loads. Class loads shall be in compliance with the most current class load
requirements in Section 22-10A-20 NMSA 1978 and Section 22-5-15 NMSA 1978.
(1) The
individual class load for elementary school teachers shall not exceed 20
students for kindergarten, provided that any teacher in kindergarten with a
class load of 15 to 20 students shall be entitled to the assistance of an
educational assistant.
(2) The
average class load for elementary school teachers at an individual school shall
not exceed 22 students when averaged among grades one, two and three, provided
that any teacher in grade one with a class load of 21 or more shall be entitled
to the full-time assistance of an educational assistant.
(3) The
average class load for an elementary school teacher at an individual school
shall not exceed 24 students when averaged among grades four, five and six.
(4) The
daily teaching load per teacher for grades seven through 12 shall not exceed
160 students, except the daily teaching load for teachers of required English
courses in grades seven and eight shall not exceed 135, with a maximum of 27
students per class; and the daily teaching load for teachers of required
English courses in grades nine through 12 shall not exceed 150 students, with a
maximum of 30 students per class. The
teaching load for teachers assigned to laboratories and shops shall adhere to
the current workplace safety codes of the industry.
(5) Students
receiving special education services integrated into a regular classroom for
any part of the day shall be counted in the calculation of class load
averages. Students receiving special
education services not integrated into the regular classroom shall not be
counted in the calculation of class load averages. Only classroom teachers charged with
responsibility for the regular classroom instructional program shall be counted
in determining average class loads. In
elementary schools offering only one grade level, average class loads may be
calculated by averaging appropriate grade levels between schools in the school
district.
(6) The
secretary may waive the individual school class load requirements established
in this section. Waivers shall be
applied for annually, and a waiver shall not be granted for more than two
consecutive years. Requests for class
load waivers shall be submitted using the department's class size waiver request form. This
form shall include: name of superintendent;
district/school; mailing address; phone; fax; email address; name of a
secondary contact person including the same information; date of submission;
local board policy requirement and approval, if required; date of board
approval; statement of applicable district or charter school policy and
rationale for request. Waivers may only
be granted if a school district or charter school demonstrates:
(a) no
portable classrooms are available;
(b) no
other available sources of funding exist to meet the need for additional classrooms;
(c) the
district or charter school is planning alternatives to increase building
capacity for implementation within one year; and
(d) the
parents of all children affected by the waiver have been notified in writing of
the statutory class load requirements; that the school district or charter
school has made a decision to deviate from these class
load requirements; and of the school district's or charter school's plan to
achieve compliance with the class load requirements.
(7) If
a waiver is granted pursuant to Paragraph (6) of Subsection H of 6.29.1.9 NMAC to
an individual school, the average class load for elementary school teachers at
that school shall not exceed 20 students in kindergarten and grade one, and
shall not exceed 25 students when averaged among grades two, three, four, five
and six.
(8) Each
school district or charter school shall report to the department the size and
composition of classes subsequent to the 40th day
report and the December 1 count. Failure
to meet class load requirements within two years shall be justification for the
disapproval of the school district's or charter school's budget by the
secretary.
(9) The
department shall report to the legislative education study committee by
November 30 of each year regarding each school district's or charter school's
ability to meet class load requirements imposed by law.
(10) Notwithstanding
the provisions of Paragraph (6) of Subsection H of 6.29.1.9 NMAC, the secretary
may waive the individual class load and teaching load requirements established
in this section upon demonstration of a viable alternative curricular plan and
a finding by the department that the plan is in the best interest of the school
district or charter school; and that, on an annual basis, the plan has been
presented to and is supported by the affected teaching staff. The department shall evaluate the impact of
each alternative curricular plan annually.
Annual reports shall be made to the legislative education study
committee. Requests for alternative
curricular plans shall be submitted using the department's collaborative school improvement programs waiver request form. This form shall include:
name of superintendent; district/school; mailing address; phone; fax; email
address; name of a secondary contact person including the same information;
date of submission; local board policy requirement and approval, if required;
date of board approval; statement of applicable district or charter school
policy and rationale for request.
I. Student/staff
caseloads in gifted and special education.
(1) The
student/staff caseload shall not exceed 35:1 for a special education teacher
and 60:1 for a speech-language pathologist for special education services or
speech-only services, in which properly licensed special education teachers or
speech-language pathologists travel from class to class or school to school,
providing services to students with disabilities whose individualized education
programs (IEPs) require a minimal amount of special education. (A minimal amount of special education
services shall not exceed 10 percent of the school day/week.)
(2) The
student/staff caseload shall not exceed 24:1 for a special education teacher
and 35:1 for a speech-language pathologist for special education services or
speech-only services which properly-licensed special
education teachers or speech-language pathologists provide to students with
disabilities whose IEPs require a moderate amount of special education. (A
moderate amount of special education services shall be less than 50 percent of
the school day.)
(3) The
student/staff caseload shall not exceed 15:1 for special education services in which
properly licensed special education teachers provide services to students with
disabilities whose IEPs require an extensive amount of special education for a
portion of the school day as appropriate to implement the plan. (An extensive amount of special education
services shall be provided 50 percent or more of the school day.)
(4) The
student/staff caseload shall not exceed 8:1 for special education services in
which a properly licensed professional provides services to students with
disabilities whose IEPs require a maximum amount of special education. (A maximum amount of special education
services shall be provided in an amount approaching a full school day.)
(5) The
student/adult caseload shall not exceed 4:1 for center-based special education
services in which one of the adults in the program is a properly licensed
professional providing three- and four-year old children with the amount of
special education needed to implement each child's IEP.
(6) The
student/adult caseload shall not exceed 2:1 for center-based special education
services in which three- and four-year old children have profound educational
needs.
(7) Adequate
student/staff caseloads shall be provided to appropriately address needs
identified in the IEPs. Paraprofessionals
and assistants who are appropriately trained and supervised in accordance with
applicable department licensure rules or written department policy may be used
to assist in the provision of special education and related services to
students with disabilities under Part B of IDEA.
(8) If
the student/staff caseload ratio exceeds the standards provided above, a
request for waiver shall be submitted to the department for review and approval
by the secretary.
J. Length
of school day and year.
(1) The
district or charter school shall be in compliance with
length of school day and year requirements as defined in Section 22-2-8.1 NMSA
1978. Within statutory requirements, the
local board or governing body of a charter school determines the length of the
school year, which includes equivalent hours.
The local board or governing body of a charter school may delegate this
authority to the superintendent or charter school administrator who, in turn,
may delegate to others.
(2) Time
for home visits/parent-teacher conferences.
The local board or governing body of a charter school may designate a
prescribed number of hours within the school year for home visits, to develop
next-step plans for students or parent-teacher conferences up to the following
maximum hours: kindergarten: 33 hours; grades 1 through 6: 22 hours; and grades
7 through 12: 12 hours.
(3) All
students shall be in school-directed programs, exclusive of lunch, for a
minimum of the following:
(a) kindergarten,
for half-day programs: two and one-half
(2 and 1/2) hours per day or 450 hours per year; or, for full-day
programs: five and one-half (5 and 1/2)
hours per day or 990 hours per year;
(b) grades
one through six: five and one-half (5
and 1/2) hours per day or 990 hours per year; and
(c) grades
seven through twelve: six hours per day
or 1,080 hours per year.
(4) Testing
and assessments are considered part of instructional hours. One group of students cannot be dismissed
while another group of students is testing, unless the students being dismissed
already have approved extended-day plans in place for participating in the
minimum instructional hours required.
(5) Dismissing
students or closing school for staff development and participation in other
non-instructional activities does not count toward the minimum instructional
hours required. This time is to be built
into a district and school schedule as an add-on. Early-release days may be built into a
district or charter school calendar when the minimum instructional hours' requirement
is otherwise being met.
(6) The
student lunch period each day shall be at least 30 minutes. Lunch recess shall not be counted as part of
the instructional day.
(7) Districts
or charter schools may request a waiver from the secretary if the minimum
length of school day requirement creates an undue hardship. Such requests shall be submitted using the
department's instructional hours waiver
request form. This form shall include: name of
superintendent; district/school; mailing address; phone; fax; email address;
name of a secondary contact person including the same information; date of
submission; local board policy requirement and approval, if required; date of
board approval; statement of applicable district or charter school policy and
rationale for request. Requests shall
provide documentation that the following conditions exist:
(a) the
educational, societal or fiscal consequences of
operating the minimum length of a school day/year significantly impede the
district's ability to provide a quality educational program; and
(b) the
district or charter school has thoroughly investigated alternatives other than
shortening the length of a school day/year in order to
address the identified concerns.
(8) When
an emergency arises and the emergency affects the required hours, the local
superintendent or charter school administrator shall request in writing
approval from the secretary regarding the manner in which the lost
instructional hours will be made up, or requesting an
exemption from the required instructional hours.
K. Graduation
requirements.
(1) The
New Mexico high school system of assessments.
The district or charter school shall be in compliance
with requirements as specified in Section 22-13-1.1 NMSA 1978 and
Subsection L of Section 66-7-506 NMSA 1978 (offering driver education, service
learning and financial literacy as electives).
The department specifies that students shall meet all graduation
requirements in order to be eligible to receive a
diploma. This includes the requirement
of passing the high school system of assessments.
(2) The
next step plan.
Each student shall complete a next step plan for each high school
year. For students with individualized
education programs (IEPs), the transition plan substitutes for the next step
plan. The next step plan requires that:
(a) each
grade-level next step plan shall be completed within the last 60 school days of
the preceding school year (for example, the 9th grade interim next step plan
shall be made before the end of the 8th grade year);
(b) only
one grade-level next step plan shall be completed for a student each year;
(c) the
development of the next step plan shall include the student, the student's
parent or guardian and the advisor, but may include additional relevant parties;
(d)
to write the next step plan, the advisor shall consult with the student and the
student's parent or guardian on academic choices that target the student's
interests and meet graduation requirements;
(e) the
next step plan shall address career clusters in career and technical education,
academic support and study skills, extracurricular experiences and
out-of-school activities, exposure to post-secondary education and career
options, family and social supports, assessments, credentials and any other
relevant information; as part of the next step plan, the advisor shall
disseminate and share information concerning advanced placement, honors,
dual-credit and distance learning programs;
(f) the
next step plan determines whether or not the student is on track with
graduation requirements; the plan ensures that gaps in courses and test-taking
are filled;
(g) the
next step plan may be made in large-group, small-group or individual student settings;
(h) the
advisor has the responsibility to see that the student is reasonably informed
about curricular and course options, opportunities available that lead to
broader post-high school options, and alternative opportunities available if
the student does not finish a planned curriculum;
(i) the next step plan shall be signed
by the student, the student's parent or guardian and the advisor;
(j) the
completed next step plan shall be filed with the school principal or charter
school administrator and only the final next step plan shall be filed in the
student's cumulative file upon graduation;
(k) during
the development of the student’s next step plan for the eleventh grade, a plan
allowing the student to complete a fourth mathematics course other than algebra
2 may be developed using data from the student’s high school short-cycle
assessments, the student’s most recent system of assessments score in
mathematics, other relevant assessment scores and coursework grades and
educational career plans recorded in the student’s next step plan;
(l) for
the student to take four mathematics courses that contain a lesser content than
that recommended for inclusion in algebra 2 or its equivalent, the student’s
parent shall provide written, signed permission on the student’s next step
plan; parental signature on the next step plan for the eleventh grade
indicating the mathematics courses the student will take shall serve as the
required signed permission.
(3) Transfer
of credits. For students enrolling or
re-enrolling in public schools, local school boards or governing bodies of
charter schools will establish policies as follows.
(a) Credits
shall be transferable with no loss of value between schools that are accredited
by a state board of education in the United States, United States territories,
Puerto Rico, the freely-associated states and outlying
areas of the United States, department of defense schools or other authorized
body.
(b) Policies
of the local school board or the governing body of a charter school, for
students transferring from home schools, private schools
or foreign schools to the public schools, will be in accordance with Subsection
D of Section 22-1-4 NMSA 1978.
(c) Acceptance
of credits earned through correspondence extension study, foreign study, home
study courses or non-department accredited, non-public schools is determined by the policy of the local school board or the
governing body of a charter school.
(4) Correspondence
courses. For students currently enrolled
in public schools, local school boards or governing bodies of charter schools
will establish policies addressing the use of correspondence courses to meet
graduation requirements.
(a) Policies
should be based on the following circumstances:
(i) when road conditions or distance
from access to school transportation prohibit regular daily attendance;
(ii) when
a student cannot attend school due to prolonged illness or recovery from
injury, as part of the individual plan to address the student's educational
needs developed in accordance with applicable state and federal regulations
governing the education of students with disabilities;
(iii) when
the occupation of the parent or student requires prolonged periods of time away
from the school district;
(iv) when
a student is housed in a long-term residential facility; or
(v) to
enhance or supplement graduation requirements based on a student's individual
need(s).
(b) Schools
counting credit for correspondence courses for enrolled students shall ensure
that such courses are part of the student's individual plan for
graduation. If applicable, such courses
are part of the IEP developed in accordance with applicable state and federal
regulations governing the education of students with disabilities, and schools
shall ensure that assistance is available to students as needed to complete the
correspondence courses.
(c) Correspondence
courses used to provide graduation credit to currently enrolled students shall
be provided by:
(i) a school accredited by the state
board of education of the state in which the school is located, or
(ii) a
college or university with regional accreditation to perform such function.
(5) Dual
credit program. “Dual credit program”
means a program that allows high school students to enroll in college-level
courses offered by public post-secondary educational institutions that may be
academic or career-technical in nature, but may not be remedial or
developmental, and through which students can simultaneously earn credit toward
high school graduation and a post-secondary degree or certificate. (Refer to 6.30.7.6 NMAC.)
(6) Distance
learning courses. “Distance learning”
means the technology and the educational process used to provide instruction
for credit or for a grade, when the course provider
and the distance-learning student are not necessarily physically present at the
same time or place. Distance learning
does not include educational software that utilizes only on-site teaching. Any program involving distance learning shall
be governed by the department's distance learning rule, found at 6.30.8 NMAC.
(7) Standardized
grading system. A standardized grading
system is required to be implemented by each district and charter school. The system shall include the following
components:
(a) a
written report to parents regarding the performance of their children tested
with the New Mexico standards-based assessments;
(b) for
grades 3-12, a standardized alphabetic grading system, based on the 4.0 scale
(i.e., a minimum of 4.0 or higher=A, 3.0=B, 2.0=C, 1.0=D); certain courses may
be assigned a weighted score according to local policy;
(c) alignment
of all district and school curriculum to the New Mexico content standards with
benchmarks and performance standards; and
(d) all
school report cards shall include the results of standards-based assessments
and may augment the standardized grading system with a narrative or other
method that measures a student’s academic, social, behavioral
or other skills.
(8) Final
examination. A final examination shall
be administered to all students in all courses offered for credit.
(9) Credit. Credit cannot be earned twice for the same
course.
(10) Other
elective credit. Elective credit courses
shall meet all New Mexico content standards with benchmarks and performance
standards, and shall:
(a) include
a written, sequential curriculum;
(b) be
taught by an instructor who is appropriately licensed and endorsed to teach the
course;
(c) include
a final examination; and
(d) be
reviewed and approved by the local board of education or governing body of a
charter school.
(11) Alternative
credit. Local districts, charter schools
or state educational institutions may design elective courses, known as
alternative credit courses, to satisfy any of the specified credits required
for graduation.
(a) The
process includes:
(i) review of the licensure and
endorsements of affected staff;
(ii) review
of required course content standards with benchmarks and performance standards
with the proposed elective course, and summary of alignment between the two courses;
(iii) determination
of the amount of credit that will be generated;
(iv) publication
of information regarding what course is available for alternative credit and
identification of [STARS] course number;
(v) inclusion
of the availability of alternative credit in all next-step
plans;
(vi) note
on the student transcript that the graduation requirement course was completed
using the named alternative credit course;
(vii) review
and preliminary approval by the local board of education or governing body of a
charter school.
(b) Once
the process has been completed, the district superintendent or administrator of
a charter school or state educational institution shall submit a written
request, with appropriate documentation, to the secretary for approval.
(12) Excuses
from physical education. The physical
education graduation requirement may be waived by the secretary, based upon a
request by the local superintendent or charter school administrator with
documentation from a licensed medical doctor, osteopath, certified nurse
practitioner with prescriptive authority or chiropractor, that the student has
a permanent or chronic condition that does not permit physical activity. Such requests shall be submitted using the
department's physical education waiver
request form. This form shall
include: name of superintendent; district/school; mailing address; phone; fax;
email address; name of a secondary contact person including the same
information; date of submission; local board policy requirement and approval,
if required; date of board approval; statement of applicable district or
charter school policy and, for each student for whom the waiver is
requested: name, school and year of
student graduation, district affirmation that it possesses required medical
documentation, name and email address of school principal and rationale for the
request. A student receiving special
education supports and services pursuant to the IDEA or Section 504 of the
federal Rehabilitation Act may also be eligible to request this waiver, when
appropriate medical documentation is provided in the IEP.
(13) Graduation
requirements for issuance of a conditional certificate of transition for
students with an IEP. The development of
a program of study and the granting of a diploma, or use of a conditional
certificate of transition in the form of a continuing or transition
individualized educational program (IEP) for students receiving special
education services, includes the following governing principles:
(a) The
IEP team is responsible for determining whether the student has completed a
planned program of study based on the student's strengths, interests,
preferences, identified educational and functional needs and long-term
educational or occupational goals, making the student eligible to receive
either a diploma or a conditional certificate of transition. A conditional certificate of transition
allows the student to participate in graduation activities. If a student receives a conditional
certificate of transition, the student shall then return to the program
specified in the IEP to complete the student's secondary program and meet the
requirements for a diploma. In
addition, all IEPs shall provide a description of how the student's progress
toward meeting annual goals and graduation requirements will be measured, and
at what intervals progress will be reported to parents or guardians. A student shall be awarded a diploma upon
completion of a planned program of study that meets the requirements of Paragraph
(b).
(b) A
student may be awarded a diploma (Section 22-13-1.1 NMSA 1978) using any of the
following programs of study described in (i) through
(iii). All IEP team discussion points
and decisions identified herein, including the identification of the student's
program of study and any student or parent proposals accepted or rejected by
the IEP team (if the student has not reached the age of majority), shall be
documented on the student's IEP and in the prior written notice (PWN) of proposed action.
(i) A standard program of study is based
upon meeting or exceeding all requirements for graduation based on the New
Mexico standards for excellence (Subsection K of 6.29.1.9 NMAC) with or without
reasonable accommodations of delivery and assessment methods. In addition, a student shall pass all
sections of the current state graduation examination(s) administered pursuant
to Subsection I of Section 22-13-1.1 NMSA 1978 under standard administration or
with state-approved accommodations, and shall meet all
other standard graduation requirements of the district.
(ii) A
career readiness alternative program of study is developed to provide relevance
and is based on a student's career interest as it relates to one of the career
clusters, with or without reasonable accommodations of delivery and assessment
methods. In addition, a student shall
take the current state graduation examination(s) administered pursuant to
Subsection K of Section 22-13-1.1 NMSA 1978, under standard administration or
with state-approved accommodations as determined by the SEA. Once the student has attempted the state
graduation examination and is unable to meet the minimum requirements on all
sections of the assessments and achieve a level of competency, the IEP team can
set the minimum passing scores. The
student shall earn at least the minimum number of credits required by the
district or charter school for graduation through standard or alternative
courses that address the employability and career development standards with
benchmarks and performance standards, as determined by the IEP team. Course work shall include a minimum of four
units of career development opportunities and learning experiences that may
include any of the following: career
readiness and vocational course work, work experience, community-based
instruction, student service learning, job shadowing, mentoring or
entrepreneurships related to the student's occupational choices. Credits for work experience shall be related
to the program of study that the school offers and specific to the district's
ability to offer work experience or community-based instruction credits. The student shall achieve competency in all
areas of the employability and career development standards with benchmarks and
performance standards, as determined by the IEP team and the student's interest
as it relates to the career clusters.
The program of study shall address the New Mexico content standards with
benchmarks and performance standards in other subject areas as appropriate.
(iii) An
ability program of study was developed for students who have a significant
cognitive disability or severe mental health issues. The IEP goals and functional curriculum
course work shall be based on the New Mexico standards with benchmarks and
performance standards and employability and career development standards with
benchmarks and performance standards. Students in this program of study shall
earn the minimum number of credits or be provided equivalent educational
opportunities required by the district or charter school, with course work
individualized to meet the unique needs of the student through support of the
IEP. In addition, a student shall take
either the current state graduation examination(s) administered pursuant to
Subsection K of Section 22-13-1.1 NMSA 1978, under standard administration or
with state-approved accommodations, or the state-approved alternate
assessment. The student shall achieve a
level of competency pre-determined by the student's IEP team on the current
graduation examination or the state-approved alternate assessment,
and meet all other graduation requirements established by the IEP team.
(c) The
new requirements for the career readiness and ability pathways become effective
beginning with students graduating in 2009.
(d) By
the end of the eighth grade, each student's IEP shall contain a proposed
individual program of study for grades nine through 12. The program of study shall identify by name
all course options the student may take and shall align with the student's
long-range measurable post-secondary goals and transition services to
facilitate a smooth transition to high school and beyond. This program of study shall be reviewed on an
annual basis and adjusted to address the student's strengths, interests, preferences and areas of identified educational and
functional needs. The IEP team shall
document on the IEP the student's progress toward earning required graduation
credits and passing the current graduation examination.
(e) A
district or charter school shall provide each student, who has an IEP and who
graduates or reaches the maximum age for special education services, a summary
of the student's academic achievement and functional performance, which shall
include recommendations on how to assist the student in meeting post-secondary
goals.
(f) Students
graduating on the standard program of study shall meet the state's minimum
requirements on all sections of the graduation examination. IEP teams shall document a plan of action on
the IEP and the PWN to be carried out by both the student and the district or
charter school, to ensure that the student will pass all sections of the
graduation examination.
(g) To
establish a level of proficiency on the current graduation examination or the
state-approved alternate assessment for students on a career readiness program
of study or ability program of study, IEP teams shall review the student's
performance on the first attempt, and establish a
targeted proficiency on all sections that are below the state's minimum requirement. For those students who meet participation
criteria for the New Mexico alternate assessment, IEP teams shall set targeted
levels of proficiency based upon previous performance on the test. If the student has previously been
administered the New Mexico alternate assessment and has achieved an advanced
level of overall performance, the IEP team shall arrange for the student to
participate in the general graduation examination, and
shall identify appropriate accommodations that the student may require. IEP teams shall document the targeted levels
of proficiency on the IEP and the PWN, outlining the plan of action to be taken
by both the student and the district or charter school to ensure that the
student will meet the targeted levels of proficiency. Districts or charter schools may submit a
written request for a waiver to the secretary in cases where a student has
medical or mental health issues that may result in regression or that
negatively influence the student's ability to achieve targeted levels of
proficiency. The written request shall
be signed by the superintendent or charter school administrator and shall
include documentation of the medical or mental health issues.
(h) Changes
in programs of study.
(i) Departures from the standard program
of study for students receiving special education services and supports shall
be considered in the order of the options listed in Subparagraph (b) of
Paragraph (13) of Subsection K of 6.29.1.9 NMAC. Any modified program of study may depart from
a standard program of study only so far as is necessary to meet an individual
student's educational needs as determined by the IEP team. Districts and charter schools are obligated
to meet the requirements of IDEA to provide students with IEPs on any one of
the three programs of study, and access to the general curriculum in the least
restrictive environment. When an alternative program of study is developed, a
building administrator or designee who has knowledge about the student shall be
a member of the IEP team
(ii) Districts
and charter schools shall document changes from the standard program of study
on the PWN. IEP teams shall identify the
reasons for changing the student's program of study, shall provide parents with
clear concise explanations of the career readiness or ability programs of
study, shall notify parents and students of the potential consequences that may
limit the student's post-secondary options, and shall make required changes to
the IEP and course of study, to ensure that the student meets the requirements
of that program of study.
(iii) The
IEP team shall not change the program of study for a student entering the final
year of high school (not the cohort with which the student entered high school)
from the standard program of study to the career readiness program of study,
nor from the career readiness program of study to the ability program of study,
after the 20th school day of the final year of high school. IEP teams may change a student's program of
study from the ability program of study to the career readiness program of
study, or from the career readiness program of study to the standard program of
study, if the student meets the graduation requirements of that program of
study and if the change is made and documented appropriately in a revised IEP
and PWN by a properly constituted IEP team in a properly convened meeting.
(i) A student who receives special
education services may be granted a conditional certificate of transition in
the form of a continuing or transition IEP when:
(i) the IEP team provides sufficient
documentation and justification that the issuance of a conditional certificate
of transition for an individual student is warranted;
(ii) prior
to the student's projected graduation date, the IEP team provides a PWN stating
that the student will receive a conditional certificate of transition;
(iii) the
district or charter school ensures that a conditional certificate of transition
is not a program of study and does not end the student's right to a FAPE;
(iv) the
district or charter school ensures that a conditional certificate of transition
entitles a student who has attended four years or more of high school to
participate in graduation activities, and requires that the student continue
receiving special education supports and services needed to obtain the high
school diploma;
(v) the
district or charter school ensures that, prior to receiving a conditional
certificate of transition, the student has a continuing or transition IEP;
(vi) the
student's continuing or transition IEP outlines measures, resources
and specific responsibilities for both the student and the district or charter
school to ensure that the student receives a diploma.
(j) A
student who does not return to complete the program of study as outlined in the
continuing or transition IEP will be considered as a dropout.
(k) A
student who receives a conditional certificate of transition is eligible to
continue receiving special education services until receipt of a diploma or
until the end of the academic year in which the student becomes 22 years of
age.
(l) Graduation
plans shall be a part of all IEPs:
(i) by the end of eighth grade, or by
the time the student turns 14 years of age, and concurrent with the development
of the student's transition plan in accordance with federal regulations at 34
CFR 300.320;
(ii) when
a student returns to a school after an extended absence, and if an IEP program
of study may have been developed but needs to be reviewed; or
(iii) when
evaluations warrant the need for a modified program of study at any time after
development of an initial graduation plan.
(m) Graduation
plans shall be a part of all of all IEPs and annual reviews,
and shall follow the student in all educational settings. Receiving institutions that fall under the
department's jurisdiction will recognize these graduation plans, subject to
revision by new IEP teams, if appropriate to meet a student's changing needs.
(n) At
the exit IEP meeting, the team shall review the student's transition plan, and
shall confirm and document that all state and district requirements for
graduation under the final IEP have been satisfied. A building administrator who has knowledge
about the student shall be a member of this team, and shall sign specifically
to verify and accept completed graduation plans, goals and objectives pursuant
to (i) - (iii) of Subparagraph (b) of Paragraph (13)
of Subsection K of 6.29.1.9 NMAC, or plans for a conditional certificate of transition
with a continuing or transition IEP, pursuant to Subparagraph (i) of Paragraph (13) of Subsection K of 6.29.1.9 NMAC. The IEP team shall ensure that the student
has current and relevant evaluations, reports or other
documentation necessary to support a smooth and effective transition to
post-secondary services for a student who will graduate on one of the three
programs of study. The school shall
arrange for any necessary information to be provided at no cost to the students
or parents. The school shall submit a
list of students who will receive the diploma through a career readiness or
ability program of study to the local superintendent or charter school
administrator, using the students' identification numbers. This list shall be totaled and submitted to
the local school board or governing body of a charter school. This information shall be treated as
confidential in accordance with the FERPA.
(o) Students
eligible for special education services are entitled to a FAPE through age
21. If a student turns 22 during the
school year, the student shall be allowed to complete the school year. If a student becomes 22 prior to the first
day of the school year, the student is no longer eligible to receive special
education services.
(p) The
receipt of a diploma terminates the service eligibility of students with
special education needs.
(q) All
diplomas awarded by a school district or charter school shall be identical in
appearance, content and effect, except that symbols or
notations may be added to individual students' diplomas to reflect
official school honors or awards earned by students.
(14) Future
changes in graduation requirements.
Refer to 6.29.1.13 NMAC.
L. Statewide
accountability program.
(1) Educational
accountability. The local board of
education or charter school governing body and the district superintendent or
charter school administrator are responsible for providing educational services
that support student learning.
Educational accountability has two mechanisms and three indicators which
impact the approval of the district's budget and accreditation status. The accountability mechanisms are
accreditation and the program/budget review process. These two mechanisms shall align directly
with the district or charter school's EPSS.
The indicators are community representation, local accountability
indicators and statewide accountability indicators.
(2) Accountability
mechanisms.
(a) Accreditation. Accreditation will be conducted in accordance
with Subsection F of Section 22-2-2 NMSA 1978.
Verification of the district or charter school's EPSS and student
progress will occur on a regular basis.
State and federal regulations which fall within the scope of
accreditation will also be monitored.
(b) Program/budget
review and approval. The program/budget
review and approval process, including assessment and evaluation, occurs
annually. Its purpose is to link the
district or charter school's program needs directly with budgetary
resources. In order
for a district or charter school to obtain an approved budget, the
district shall:
(i) document the local board or charter
school governing body's determination of needs as defined in its EPSS (Section
22-8-18 NMSA 1978);
(ii) document
minimum budget requirements (Section 22-8-9 NMSA 1978);
(iii) document
parent involvement in budget preparation (Section 22-8-11 NMSA 1978);
(iv) complete
the annual program/budget questionnaire; and
(v) comply
with requirements specified in Section 22-8-5 NMSA 1978.
(3) Accountability
indicators.
(a) Community
representation. Community
representatives shall be involved in the budget preparation process, the EPSS
process, the EPSS evaluation (including the establishment of local student
performance indicators) and the accreditation process. Community representatives include parents,
students and other community members who reflect the composition of the student
population. Evidence shall be provided
to verify different forms of representation.
(b) Local
student performance indicators. Local
student performance indicators shall:
(i) be identified by the local school
district or charter school in conjunction with students, parents, community
members and businesses;
(ii) be
part of the local EPSS evaluation;
(iii) measure
and demonstrate student progress toward the New Mexico content standards with
benchmarks and performance standards;
(iv) demonstrate
student progress toward identified EPSS goals/focus areas (performance
indicators);
(v) be
included as an integral part of the accreditation and program/budget review
processes; and
(vi) use
any other indicators the district or charter school shall choose for its
students.
(c) Statewide
student performance indicators.
Statewide student performance indicators shall:
(i) be included as an integral part of
the accreditation and program/budget review processes;
(ii) be
part of the local EPSS evaluation;
(iii) measure
and demonstrate student progress toward the New Mexico content standards with
benchmarks and performance standards;
(iv) communicate
clearly to parents and the general public the
students' progress toward meeting the goals established by the district and
school, or charter school; and
(v) describe
performance levels across the grade levels and across the curriculum.
M. Statewide
student assessment system. As stated in Section
22-2-8.13 NMSA 1978, students' knowledge and skills are assessed and evaluated
though the New Mexico content standards with benchmarks and performance
standards, the system of assessments, and local measures.
(1) The
statewide student assessment system. All
public school students, with the exceptions indicated
below, shall participate in the system of assessments, which includes standards-based
assessments in grades 3 through 8 and high school.
(2) Exceptions. Exceptions include special provisions and
requirements for the assessment of English language learners and students with
IEPs.
(a) English
language learners. Students who have
limited English language skills (i.e., students who are “English language
learners”) as determined by the department-approved English language
proficiency screening assessment shall participate in the statewide assessment program. The following considerations specify how
assessment shall be conducted.
(i) Length of enrollment in U.S.
schools. The options for participation
of English language learners in the New Mexico standards-based assessment
program depend on the length of time that the student has been enrolled in U.S.
public schools. For students who are new
to U.S. schools, the following applies:
Students who are enrolled for the first year in a U.S. school may receive
an exemption from the system of assessments for English language arts,
including all subtests therein. In all
other content areas of the system of assessments, the student shall participate
in the Spanish-language version of the assessment (if available and
appropriate) or in the English-language version with accommodations provided,
if they are determined to be appropriate by the local school’s team, as
described in (iii) of Subparagraph (a) of Paragraph (2) of Subsection M of
6.29.1.9 NMAC. For the subtests other
than reading, the test completion status shall be student tested all sessions,
and the types of accommodations that are provided, if any, shall be indicated in
the student information system. Students
who have been in U.S. schools for at least 12 months and less than three
consecutive years shall participate in the statewide assessment program in one
of three ways: the student may
participate in the standard administration of the English-language version of
the assessment without accommodations; the student may participate in the
English-language version of the assessment with appropriate accommodations; or
the student may participate in the standard administration of the
Spanish-language version of the assessment, where available and appropriate.
(ii) Waivers
for home language assessment. Students
who have been in U.S. schools for three or more consecutive years shall
participate in the English-language version of the assessment with or without
allowable accommodations, unless a request based on
the determination of the local education agency to continue the testing of the
student in the home language of Spanish and the request is approved by the
secretary. If, after three consecutive
years in U.S. schools, the district or charter school determines (on a
case-by-case basis) that academic assessments in the student's home language of
Spanish would yield more accurate and reliable information about the student's
knowledge of a subject, the district or charter school may request a waiver
from the secretary to continue to assess the student in the home language of
Spanish. Approved waivers are effective
for the current year only; annual waiver requests may be approved for a maximum
of two years. The waiver request shall
be submitted to the secretary for approval at least three months before the
assessment, by the district's superintendent or the charter school
administrator. The request shall
include: student name, student state identification number, school in which the
student is currently enrolled, student's grade level, student's most recent
department-approved English language proficiency, assessment date and overall
composite score, length of enrollment in U.S. schools, an indication of whether
this is the first or second waiver request for the student, the reason or
justification for the waiver request, and names of the school team members
involved in the decision to request the waiver.
(iii) Accommodations. Districts and charter schools shall provide
accommodations to English language learners after consideration of their
appropriateness for the individual student.
To determine the appropriateness of allowing accommodations, the
district or charter school shall consider the student's level of proficiency in
all domains of language (listening, speaking, reading, writing and
comprehension) and the nature of the school's instructional program. The district or charter school shall ensure
that students do not receive accommodations without current justification
supported by data. District and school
staff may obtain the technical assistance on procedures for accommodations from
the department's district test coordinator's manual or from the
department. Each school shall utilize a
team to review individual student progress in order to
determine accommodations. For students
being served on an individualized education program (IEP) or Section 504 Plan,
those teams (IEP or Section 504) will respectively determine appropriate test
accommodations. For all other students,
the school may use its student assistance team (SAT) or form another school-based
team for this purpose, but the team shall be comprised of at least three school
staff, including staff who are familiar with the student's abilities and
language needs, standardized test procedures and valid ELL test accommodations.
Team members may include: the student's
bilingual multicultural education- or TESOL-endorsed teacher, the bilingual
multicultural education program coordinator, the student's other teacher(s),
administrators or school test coordinators, or the school counselor. The student's parent or guardian, the student
and other staff members may be also included, as appropriate. The team shall base its decisions about
appropriate accommodations on the following:
annual review of the student's progress in attaining English
proficiency, student's current English language proficiency, including the
student's experience and time in U. S. schools, student's expected date for
exiting English language learner accommodations, student's familiarity with the
accommodation under consideration, the primary language of instruction used in
the content area to be assessed and the length of time that the student has
received instruction in that language, and the student's grade level. Written documentation of accommodation
decisions made by the team shall be stored in the student's cumulative file and
shall be reported to the department's bureau of assessment and evaluation.
(b) Students
with IEPs. Students with IEPs who
receive special education and related services shall participate in all
statewide and district-wide assessments of student achievement or in
state-approved alternate assessments.
Pursuant to Subsection E of 6.31.2.11 NMAC, 34 CFR 300.320 (a)(2)(ii)
and 34 CFR 300.320(a)(6), the IEPs for such students shall specify which assessments
each student will participate in and what, if any, accommodations
or modifications in administration are needed to enable the student to
participate. The IEPs for students who
will not participate in a particular statewide or district-wide assessment
shall meet state-approved criteria, methods and
instruments.
(c) Waiver
of the high school system of assessments (graduation requirement assessment).
(i) With the approval of the local board
of education or charter school governing body, the local superintendent or
charter school administrator may request written approval from the secretary to
award a diploma to a student who has not passed the high school system of
assessments. The district or charter
school shall document student attainment of required competencies through an
alternative assessment procedure and shall submit such a request using the
department's high school system of
assessments waiver request form. This form shall include:
name of superintendent; district/school; mailing address; phone; fax; email
address; name of a secondary contact person including the same information;
date of submission; statement of applicable district or charter school policy,
list of students for whom the waiver request is being made including: student name, school, date of board approval,
and statement of whether or not competencies are documented through an
alternative assessment; and rationale for request.
(ii) With
appropriate documentation, a passing score on another state's graduation
requirement assessment shall substitute for the high school system of
assessments.
N. Indigent
identification and guidelines.
(1) A
student who has been deemed eligible for free or reduced-price school meals, or
a student who has been identified by the children, youth and families
department as being in the custody of the state, shall be deemed indigent for
the purposes of remediation programs and damage of instructional materials, as
discussed in Sections 22-2C-6 and 22-15-10 NMSA 1978.
(2) A
parent or guardian of a student who has not applied for free or reduced-price
school meals shall be notified in writing by the local school board or
governing body of a charter school of the availability of remediation at no
charge upon an eligibility determination for free or reduced-price school
meals.
O. Emergency
drills and practiced evacuations.
(1) Emergency
drills shall be conducted in each public school and private school in the state,
as follows:
(a) at
least once per week during the first four weeks of the school year;
(i) one
of these drills shall be a shelter-in-place drill, which includes preparation
to respond to an active shooter;
(ii) one of these
drills shall be an evacuation drill;
(iii) two of these
drills shall be fire drills;
(b) during the rest of the school year,
each school shall conduct at least four more emergency drills, at least two of
which shall be fire drills;
(c) in
locations where a fire department is maintained, a member of the fire
department shall be requested to be in attendance during the emergency drills
for the purpose of giving instruction and constructive criticism;
(d) it
shall be the responsibility of the person in charge of a school to carry out
the provisions related to emergency drills.
(2) Requirements
to comply and penalties for non-compliance:
(a) It
shall be the responsibility of the superintendent of a school district, a
charter school administrator or private school counterpart(s) to ensure that
each school under the person's authority follows the requirements set forth in
Subsection O of 6.29.1.9 NMAC.
(b) In
the event that the person responsible for complying with Subsection O of
6.29.1.9 NMAC fails or refuses to comply with this subsection, the department
may, in the case of a public school, take any action designed to ensure prompt
corrective action or future compliance, including reporting the non-compliance
to either the state fire marshal or to a local fire department. In the case of a private school, the
department will report the non-compliance to either the state fire marshal or
to a local fire department and may consider adverse licensure action.
(c) Failure
or refusal to comply with the requirements in Subsection O of 6.29.1.9 NMAC for
holding emergency drills shall constitute grounds to suspend or revoke the
license of the person responsible for compliance. The due process procedures under the Uniform
Licensing Act (Sections 61-1-1 through 61-1-31 NMSA 1978) shall apply.
P. School
facilities and grounds. Pursuant to
Subsection C of 6.29.1.9 NMAC (Duties of
the Superintendent); Subsection D of 6.12.6.8 NMAC (School District Wellness Policy); and 6.19.3 NMAC (Unsafe School Choice Option), each school
district or charter school shall ensure that all buildings, facilities and
grounds provide a safe and orderly environment for public use;
i.e., that they shall be:
(1) safe,
healthy, orderly, clean and in good repair;
(2) in
compliance with the Americans with Disabilities Act-Part III and state fire
marshal regulations, Sections 59A-52-1 through 59A-52-25 NMSA 1978;
(3) safe
for conducting experiments and school projects in all school laboratories and
shops, as established in written school safety procedures which are reviewed
annually; these procedures include, but are not limited to:
(a) personal
protective equipment;
(b) adequate
ventilation and electrical circuitry;
(c) material
safety data sheets;
(d) body
and eye washes; and
(e) training
appropriate for each teaching situation;
(4) the
maximum number of occupants in a laboratory or shop teaching space shall be
based on the following:
(a) the
number of work stations;
(b) the
building and fire safety codes;
(c) the
design of the laboratory or shop teaching facility;
(d) appropriate
supervision and the special needs of students; and
(e) all
applicable OSHA regulations;
(5) appropriate
procedures for the storing, handling and removal of toxic or dangerous
substances shall be established and implemented; all school programs (including
those areas noted above and custodial areas, art room, library and cafeteria)
shall comply with standard safety practices and all applicable state and
federal regulations;
(6) use
of pesticides by districts and charter schools will be governed by the
following standards:
(a) Definitions
as used in this section:
(i) “Pesticide” means any substance or
mixture of substances intended for preventing, destroying, repelling
or mitigating any pest.
(ii) “Pest”
means any living organism injurious to other living organisms, except humans,
viruses, bacteria or other microorganisms in or on
other living organisms other than plants, which is declared to be a pest pursuant
to the Pesticide Control Act, Sections 76-4-1 through 76-4-39 NMSA 1978.
(b) Districts
and charter schools will develop procedures for the implementation of pest
management with consideration for reducing the possible impact of pesticide use
on human health and the environment, including people with special
sensitivities to pesticides. Procedures
will include, but are not limited to, the following:
(i) No pesticide may be applied to
public school property and no pest control device, as defined in the New Mexico
Pesticide Control Act, may be used on public school property except those
pesticides and devices currently registered for legal use in the state by the
New Mexico department of agriculture.
(ii) No
pesticide may be applied to public school property except by those persons
certified in the applicable category and currently licensed by the New Mexico
department of agriculture or by employees under their direct supervision.
(iii) Pesticides
will only be applied in or on the outside of school buildings when a pest is present, and will not be applied on a regular or calendar
basis unless it is to treat an infestation and is a part of a pest management
system being implemented to address a particular target pest. A pest is considered to be
present when it is observed directly or can reasonably be expected to be
present based on finding evidence, such as droppings, body parts, or damage
that is typically done by the pest. This
section of the regulation does not apply to pre-construction termite treatments
or the use of outdoor herbicides.
(iv) Pesticides
that are applied in a liquid, aerosolized or gaseous form through spraying,
aerosol cans, bombs, fumigation or injections into the ground, foundation or
plants will not be applied on public school property when students, staff or
visitors are present, or may reasonably be expected to be present within 6
hours of the application. In emergency
cases, where a pest infestation threatens the health or safety of the occupants
of public school property, and which requires the
immediate application of a pesticide to remediate, students, staff and other
school occupants will be removed from the treatment area prior to the
application. Small amounts of gel or
liquid pesticides applied to cracks and crevices or
baits used to treat pest infestation are exempt from this section.
(v) At
the beginning of each year, and when new students register, schools will
develop a list of parents and guardians who wish to be notified prior to
pesticide application during the school year.
These parents/guardians will be notified in writing prior to pesticide
application. General notification of
anticipated pesticide applications will occur by posting or dissemination of
notices, by oral communication or other means of communication. In emergency cases where a pest infestation
threatens the health or safety of the occupants of public
school property, no pre-notification is required. Immediately following the application of a
pesticide in emergency cases, signs will be posted indicating an application
was made.
(vi) Written
records of pesticide applications will be kept for three years at each school
site and be available upon request to parents, guardians, students, teachers and staff.
(vii) If
any part of Paragraph (6) of Subsection P of 6.29.1.9 NMAC is found to be in conflict with the provisions of the Pesticide Control
Act, the remainder of the regulation will remain in full force and effect.
Q. School
district budgeting. Section 22-8-4 NMSA
1978 requires the department to prescribe forms for, supervise and control the
preparation of all budgets of all public schools and school districts, and to
compile accurate information concerning public school finance and
administration. Sections 22-8-5 through
22-8-12.1 NMSA 1978 set out specific budget preparation and submission
requirements for the department, public schools and public
school districts. Regulations
governing budgeting and accounting for New Mexico public schools and school
districts are set out in 6.20.2 NMAC.
R. Final
course and other student grade changes.
Any changes to students' course or other grades shall be governed by the
state rule, “Final Course and Other
Student Grade Changes” (6.30.10 NMAC).
[6.29.1.9 NMAC -
Rp, 6.30.2.10 NMAC, 6/30/2009; A, 02-12-2010; A, 10/31/2011; A, 2/28/2017; A,
07/25/2017; A, 12/15/2020; A, 5/24/2022]
6.29.1.10 WAIVERS:
A. To
obtain a waiver from the department for procedural or program requirements, a
district superintendent or the administrator of a state-chartered charter
school shall submit a request to the secretary, in the manner required by the
department, with justification for the change.
The request and the response shall be kept on file by the district or
charter school and the department, and these records shall be available for
review by the public.
B. The
secretary may waive a graduation requirement for a student based upon the
written request of the superintendent or the administrator of a state-chartered
charter school, using the department’s graduation
waiver request form. This form shall include: name
of superintendent; district/school; mailing address; phone; fax; email address;
name of a secondary contact person including the same information; date of
submission; local board policy requirement and approval, if required; date of
board approval; statement of applicable district or charter school policy and
rationale for request.
C. No
other waivers of provisions of the Public School Code
shall be permitted unless authorized by law.
[6.29.1.10 NMAC - N, 6/30/2009]
6.29.1.11 PROGRAM REQUIREMENTS:
A. Curriculum.
(1) Local
curricula shall be aligned with the applicable New Mexico content standards
with benchmarks and performance standards.
In accordance with Section 22-13-1.6 NMSA 1978, each school district
shall align its curricula to meet the state standards for each grade level and
subject area so that students who transfer between public schools within the
school district receive the same educational opportunity within the same grade
or subject area. Each school district's
aligned grade level and subject area curricula shall be in place for
mathematics by the 2009-2009 school year.
(2) Adopted
instructional materials shall support the aligned local curricula. The state standards revision cycle, the local
curriculum cycle and the instructional materials cycle shall be aligned and
sequenced to provide standards-based curricula that are supported by aligned
instructional materials. At the completion
of each standards revision cycle, the standards-based state assessment program
shall be reviewed to determine the need for realignment.
(3) All
courses offered for credit shall have written, delivered, assessed and
sequential curriculum.
(4) Written
and delivered curricula shall be congruent, state what students should know and
be able to do, and include an assessment process.
(5) The
curricula shall be assessed as part of the EPSS process.
(6) The
curricula shall support the EPSS.
B. Subject
areas. The district or charter school
shall be in compliance with subject area requirements
as specified in Section 22-13-1 NMSA 1978.
(1) The
department shall require instruction in specific subject areas as provided in
Paragraphs (2) through (7) of Subsection B of 6.29.1.11 NMAC. Any public school or school district failing
to meet these minimum requirements shall not be accredited by the department.
(2) All
kindergarten through third grade classes shall provide daily instruction in
reading and language arts skills, including phonemic awareness, phonics and comprehension; and in mathematics. Students in kindergarten and first grades
shall be screened and monitored for progress in reading and language arts
skills, and students in second grade shall take diagnostic tests on reading and
language arts skills.
(3) All
first, second and third grade classes shall provide instruction in art, music and a language other than English, and instruction
that meets content standards, benchmarks and performance standards shall be
provided in science, social studies, physical education and health education.
(4) In
fourth through eighth grades, instruction that meets academic content and
performance standards shall be provided in the following subject areas:
(a) reading
and language arts skills, with an emphasis on writing and editing for at least
one year and an emphasis on grammar and writing for at least one year;
(b) mathematics;
(c) a
language other than English;
(d) communication
skills;
(e) science;
(f) art;
(g) music;
(h) social studies;
(i) New Mexico history;
(j) United
States history;
(k) geography;
(l) physical
education; and
(m) health
education.
(5) In
eighth grade, algebra I shall be offered in regular classroom settings, through
online courses or agreements with high schools.
(6) In
fourth through eighth grades, school districts and charter schools shall offer
electives that contribute to academic growth and skill development,
and provide career and technical education.
(7) In
ninth through twelfth grades, instruction that meets academic content and
performance standards shall be provided in health education, including:
(a) age appropriate sexual abuse and assault awareness and
prevention training that meets department standards developed in consultation
with the federal centers for disease control and prevention that are based on
evidence-based methods that have proved to be effective;
(b) lifesaving
skills training that follows nationally recognized guidelines for hands-on, compression
only, psychomotor skills (skills that use hands-on practice to support
cognitive learning) cardiopulmonary resuscitation training including:
(i) use of a course
curriculum, which allows for demonstration of competency in performing
cardiopulmonary resuscitation and associated skills;
(ii) training that conforms to the most
recent, national, evidence-based guidelines established by the American heart
association, the American red cross, or another nationally recognized, NM
public education department-approved non-profit organization;
(iii) training to recognize the signs of a heart
attack;
(iv) training on use of an automated
external defibrillator; and
(v) training on how to perform the
Heimlich maneuver for choking victims;
(c) lifesaving skills training that may
use the following instructors if qualified to teach hands-on psychomotor skills
cardiopulmonary resuscitation training:
(i) school nurses;
(ii) health teachers;
(iii) athletic department personnel as
instructors; and
(iv) any qualified volunteers, as
defined by 6.50.18.8 NMAC, providing training at no cost to the school district
that the school district determines to be eligible to offer instruction as
prescribed in Subparagraph (b) of Paragraph (7) of Subsection B of 6.29.1.11
NMAC including, but not limited to, emergency medical technicians, paramedics,
police officers, firefighters, representatives of the American heart
association or the American red cross, or other similarly qualified individuals;
(d) training and instructional materials
related to Subparagraph (b) of Paragraph (7) of Subsection B of 6.29.1.11 NMAC
in both English and Spanish to include:
(i) materials, equipment and services that are needed as part of the
instruction obtained on loan from state-recognized organizations, such as the
New Mexico heart institute; and
(ii) materials, equipment
and services received by schools as in-kind donations; and
(e) combined instruction, whereby school
districts and charter schools may work with other school districts and charter
schools to provide the training or with a regional education cooperative to
provide or facilitate the training.
(8) The
requirements as prescribed in Subparagraph (b) of Paragraph (7) of Subsection B
of 6.29.1.11 NMAC for health education shall not be required for students in
grades nine through 12 who are enrolled in a virtual charter school.
(9) A
school district or charter school may submit a waiver request to the department
for the requirement as prescribed in Subparagraph (b) of Paragraph (7) of
Subsection B of 6.29.1.11 NMAC for health education for a student receiving
special education supports and services pursuant to the IDEA or Section 504 of
the federal Rehabilitation Act in grades nine through 12 with a disability as
documented through an individualized education program (IEP) if the requirement
as prescribed in Subparagraph (b) of Paragraph (7) of Subsection B of 6.29.1.11
NMAC cannot be reasonably met with accommodations for a given student.
(10) In
every grade, inquiry-based laboratory components are at the core of the science
program, and shall be woven into every lesson and
concept strand. For required science
units in grades nine through twelve, “laboratory component” means an experience
in the laboratory, classroom or the field that provides students with
opportunities to interact directly with natural phenomena or with data
collected by others using tools, materials, data collection techniques and
models. Throughout the process, students
shall have opportunities to design investigations, engage in scientific
reasoning, manipulate equipment, record data, analyze results and discuss their
findings. The laboratory component
comprises at least 40 per cent of the unit's instructional time. All science
classes that include dissection activities as part of the curriculum shall
provide virtual dissection techniques as alternative activities for any student
who is opposed to real dissections for ethical, moral, cultural
or religious reasons. Alternative
techniques shall approximate the experience of real dissection activities as
closely and appropriately as possible. A
virtual dissection technique means carrying out dissection activities using
computer two-dimensional or three-dimensional simulations, videotape or
videodisk simulations, take-apart anatomical models, photographs
or anatomical atlases.
C. Bilingual
multicultural education. Bilingual
multicultural education programs shall be provided to meet the
identified educational and linguistic needs of linguistically and culturally
different students, including Native American children, and other students who
may wish to participate, in grades K-12, with priority to be given to programs
in grades K-3. These programs shall:
(1) provide
services in accordance with the Bilingual Multicultural Education Act (Sections
22-23-1 through 6 NMSA 1978) and the Bilingual Multicultural Education Program Regulation
(Sections 6.32.2.7 through 6.32.2.11 NMAC);
(2) be
implemented in accordance with the identified needs of qualifying culturally
and linguistically different students and ensure equal educational opportunities;
(3) be
assessed as part of the EPSS process; and
(4) support
the local curriculum and EPSS.
D. Career
and technical education (CTE). Career
and technical education programs for both elementary and secondary levels
shall:
(1) be
in accordance with Section 22-14-1 through 22-14-30 NMSA 1978 and the Carl
Perkins Act;
(2) provide
exploratory and skill development program offerings;
(3) ensure
students' mastery of the New Mexico career and technical education content
standards with benchmarks and performance standards;
(4) include
competency-based applied learning;
(5) be
assessed as part of the EPSS process; and
(6) support
the local curriculum and the EPSS.
E. School
health. School health programs provide
opportunities for all students to develop healthy behaviors. Districts and charter schools shall provide
or make provisions for school health programs that address the health needs of
students and staff. Districts and
charter schools shall provide the following programs: health education, physical education, health
services and school counseling.
Additional programs may include: nutrition, staff
wellness, family-school-community partnerships, healthy environment and
psychological services. These programs
shall:
(1) be
in accordance with Section 22-10A-34 and Section 24-5-1 through 24-5-6 NMSA 1978;
(2) provide
education and skill development program offerings;
(3) provide
community partnerships which help to achieve the goal of healthy students and staff;
(4) be
assessed as part of the EPSS process; and
(5) support
the local curriculum and EPSS.
F. Special
education. Special education is specially-designed instruction that is provided at no cost
to parents to meet the unique needs of a student with a disability, as defined
in the IDEA regulations (34 CFR Part 300 and state special education
regulations (6.31.2 NMAC). Special
education programs shall:
(1) provide
specially-designed instruction in career and technical
education and travel training for students whose IEPs require such services;
(2) provide
instruction to students placed on homebound services as per their IEP; and
(3) provide
instruction in state-supported educational programs, hospitals, institutions and other settings. As set forth in the state special education
regulations at Paragraph (15) of Subsection C of 6.31.2.7 NMAC, special
education may include speech-language pathology services consisting of specially-designed instruction that is provided to enable a
student with a disability, as recognized under IDEA, to have access to the
general curriculum and to meet the educational standards of the public agency that
apply to all children;
(4) provide
instruction, in accordance with Subsection D of Section 22-13-1 NMSA 1978, for
the unique needs of gifted and talented students;
(5) be
assessed as part of the EPSS process; and
(6) support
the local curriculum and EPSS.
G. Supplemental
programs. Programs which supplement, but
do not replace, state operational programs may include, but are not limited
to: Title I - Improving the Academic Achievement
of the Disadvantaged; Title II - Preparing, Training and Recruiting High Quality
Teachers and Principals; Title III - Language Instruction for Limited English
Proficient and Immigrant Students; Title IV, Part A - Safe and Drug Free
Schools and Communities; Title V - Promoting Informed Parental Choice and
Innovative Programs; Title VI -
Flexibility and Accountability; Title VII - Indian, Native Hawaiian and Alaska
Native Education; Title VIII - Impact Aid Program; the Johnson-O'Malley Act;
and Individuals with Disabilities Education Improvement Act (IDEA). Supplemental programs shall:
(1) provide
services as required by federal laws and assurances, including Title VI of the
Civil Rights Act of 1964 and the Equal Educational Opportunities Act (EEOA) of 1974;
(2) be
assessed as part of the EPSS process; and
(3) support
the local curriculum and EPSS.
H. Support
services. Districts and charter schools
shall provide support service programs which strengthen the instructional
program. Required support service
programs are: library
media, school counseling and health services.
Support services shall:
(1) have
a written, delivered and assessed program, K-12;
(2) provide
licensed staff to develop and supervise the program;
(3) be
assessed as part of the EPSS process; and
(4) support
the local curriculum and EPSS.
I. Technology
in education. The Technology for
Education Act establishes a fund and a system for equal distribution of funds
based upon final funded student membership within each school district and
charter school. The Technology for
Education Act requires annual review and approval of each school district and
charter school's educational technology plan, through which every school
district and charter school reports to the department the fiscal distributions
received, expenditures made and educational technology
obtained by the district or charter school, and other related information. As districts and charter schools develop, refine and implement strategic long-range plans for
utilizing educational technology, each plan shall:
(1) be
in accordance with Section 22-15A-10 NMSA 1978;
(2) be
assessed as part of the EPSS process; and
(3) support
the local curriculum and EPSS.
[6.29.1.11 NMAC - Rp, 6.30.2.11 NMAC, 6/30/2009; A, 2/28/2017; A, 12/15/2020]
6.29.1.12 SEVERABILITY: If any part or application
of this rule is held invalid by a court of competent jurisdiction, the
remainder or its application to other situations shall not be affected.
[6.29.1.12 NMAC - N, 6/30/2009]
6.29.1.13 FUTURE CHANGES IN LAW THAT AFFECT THIS RULE:
This rule will be periodically amended to reflect changes in law or laws
that were enacted with delayed effect provisions.
[6.29.1.13 NMAC - N, 6/30/2009; A, 10/31/2011]
HISTORY
OF 6.29.1 NMAC:
Pre-NMAC
HISTORY:
The material in this part is derived from that previously filed with the State
Records Center:
SDE
74-17, (Certificate No. 74-17), Minimum Educational Standards for New Mexico
Schools, filed April 16, 1975.
SDE
76-9, (Certificate No. 76-9), Minimum Education Standards for New Mexico
Schools, filed July 7, 1976.
SDE
78-9, Minimum Education Standards for New Mexico Schools, filed August 17,
1978.
SBE
80-4, Educational Standards for New Mexico Schools, filed September 10, 1980.
SBE
81-4, Educational Standards for New Mexico Schools, filed July 27, 1981.
SBE
82-4, Educational Standards for New Mexico Schools, Basic and Vocational
Program Standards, filed November 16, 1982.
SBE
Regulation No. 83-1, Educational Standards for New Mexico Schools, Basic and
Vocational Program Standards, filed June 24, 1983.
SBE
Regulation 84-7, Educational Standards for New Mexico Schools, Basic and
Vocational Program Standards, filed August 27, 1984.
SBE
Regulation 85-4, Educational Standards for New Mexico Schools, Basic, Special
Education, and Vocational Programs, filed October 21, 1985.
SBE
Regulation No. 86-7, Educational Standards for New Mexico Schools, filed
September 2, 1986.
SBE
Regulation No. 87-8, Educational Standards for New Mexico Schools, filed
February 2, 1988.
SBE
Regulation No. 88-9, Educational Standards for New Mexico Schools, filed
October 28, 1988.
SBE
Regulation No. 89-8, Educational Standards for New Mexico Schools, filed
November 22, 1989.
SBE
Regulation No. 90-2, Educational Standards for New Mexico Schools, filed
September 7, 1990.
SBE
Regulation No. 92-1, Standards for Excellence, filed June 30, 1992.
History of
Repealed Material:
6.30.2
NMAC, Standards for Excellence, filed November 2, 2000 - Repealed effective June 30, 2009.
NMAC History:
6
NMAC 3.2, Standards for Excellence, filed October 17, 1996.
6.30.2
NMAC, Standards for Excellence, November 2, 2000, replaced by 6.29.1 NMAC,
General Provisions; 6.29.2 NMAC, Arts Education; 6.29.3 NMAC, Career and
Technical Education; 6.29.4 NMAC, English Language Arts; 6.29.5 NMAC, English
Language Development; 6.29.6 NMAC, Health Education; 6.29.7 NMAC, Mathematics;
6.29.8 NMAC, Modern, Classical and Native Languages; 6.29.9 NMAC, Physical
Education; 6.29.10 NMAC, Science; 6.29.11 NMAC, Social Studies; effective June
30, 2009.