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, 22-2-1, 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; A 7/31/2023]
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.
[6.29.1.6 NMAC - Rp, 6.30.2.6 NMAC, 6/30/2009;
A, 12/15/2020; A, 7/31/2023]
6.29.1.7 DEFINITIONS:
A. “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.
B. “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.
C. “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.
D. “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.
E. “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.
F. “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.
G. “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.
H. “Certified district reviewer” means an LEA employee who is certified to review and approve an
LEA’s NM School DASH plans.
I. “Chartering authority” means a local school
board or the commission that approves and oversees a charter school.
J. “Commission” means the public education
commission.
K. “Class
load” means the number of students for whom a teacher structures activities
at a given time.
L. “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.
M. “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.
N. “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.
O. “Education plan” is the strategic plan
written by all school districts, locally chartered and state-chartered charter
schools to improve student performance.
P. “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.
Q. “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.
R. “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.
S. “Heritage language” means a language
other than English that is inherited from a family, tribe, community, or
country of origin.
T. “Home language” means a language other
than English that is the primary or heritage language spoken at home or in the
community.
U. “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.
V. “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.
W. “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.
X. “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.
Y. “MLSS
Self-assessment” means analysis of
MLSS implementation that each school shall submit in a form and by a due date
determined by the department. The MLSS Self-assessment shall contribute to a
school’s NM School DASH, but it shall not be a component in the evaluation of a
school by the department.
Z. “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.
AA. “NM School DASH” means the strategic plan written by schools to improve student
outcomes. It contains the annual plan, both 90-day plans, and functions as a
school site improvement plan.
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. “Short-cycle
assessment” is a formative assessment that is regularly used to assess
student performance over a short time period.
AE. “Small group setting” means a planned intervention group
containing no more than 15 students.
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. “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.
AH. “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.
AI. “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.
AJ. “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; A, 7/31/2023]
6.29.1.8 IMPLEMENTATION: This regulation shall
assist in the implementation of standards for excellence through
the use of the Education Plan
for all school districts and charter schools. At the school site level this
regulation shall assist in the implementation of standards for excellence through the use of the NM School DASH, content standards
with benchmarks and performance standards, and additional program and
procedural requirements specified in this regulation.
A. District
and charter school responsibilities for the Education Plan and NM School DASH. The Education Plan and NM School DASH are strategic
improvement plans that are written or revised based on trend data and the
academic achievement of the school and district. Each district and each charter school is
required to develop, implement, monitor and evaluate the Education Plan on an
annual basis. Additionally, the district
shall ensure that a site-level NM School DASH is developed and implemented by
each school within the district and by each charter school for which the
district is the chartering agency. LEAs shall have each NM School DASH
evaluated and approved by a certified district reviewer. State-chartered
charter schools shall develop a site-level NM School DASH. Districts with fewer than 200 students may
write only one NM School DASH for the entire district; however, a district with
a school in or receiving a school improvement status classification is not
eligible for this option.
B. The
Education Plan and NM School DASH shall be guided by questions determined by
the department.
[6.29.1.8 NMAC - Rp, 6.30.2.9 NMAC, 6/30/2009;
A, 10/31/2011; A, 12/15/2020; A, 7/31/2023]
6.29.1.9 PROCEDURAL
REQUIREMENTS:
A. Duties
and powers of the local board of education or charter school governing body. The
local board of education or charter school governing body shall:
(1) review,
approve, and support each school site-level department-approved NM School DASH and
MLSS Self-assessment for each school site in improvement status;
(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 LEA’s Education Plan; 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 E 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 MLSS Self-assessment and department approved improvement
plan, or the charter school's department approved improvement plan;
(2) employ
and evaluate thew 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 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 Education Plan and all other
district or charter school business;
(3) review,
approve and support the district Education Plan and each school site-level MLSS Self-assessment and NM School DASH
or the charter school's MLSS Self-assessment and NM School DASH;
(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 (Section 32A-4-3 NMSA 1978) and the Public School Code (Section
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 or for students who demonstrate a need for advanced
instruction. 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 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 regression, then 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. 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 evaluation 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.
(6) Schools shall complete the MLSS
Self-assessment annually.
(7) Schools shall include a report on
intervention systems in NM School DASH.
(a) in small group settings;
(b) aligned with New Mexico standard; and
(c) not to exceed twenty-five percent of
instructional hours.
(9) Student placement in embedded
intervention or advanced instruction shall be reviewed each quarter and
students shall be moved in or out of embedded intervention or advanced
instruction based on quantitative and qualitative MLSS data.
(10) Embedded intervention or advanced
instruction time shall be provided to students without forgoing instruction in
art, music, theater, dance, computer science, physical education, library, or
other enrichment or experiential learning activities or courses.
(11) Equitable access. Students in any layer shall have access to
grade-appropriate, standards-aligned instruction seventy-five percent or more
of their instructional hours unless instructional time is allocated differently
in an IEP of a student receiving special education or gifted education
services.
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) 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 ten 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 fifty 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 fifty 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. 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
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 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 or a
diploma 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. Receipt of a
conditional certificate of transition shall not end a student’s right to FAPE.
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) through the
following programs of study described in Items (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 J
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. A diploma obtained
through the standard program of study is considered a “regular high school
diploma” as defined in 34 C.F.R. § 300.102(a)(3)(iv). Pursuant to 34 C.F.R. § 300.102(a)(3)(i),
students with disabilities who graduate from high school with a regular diploma
through the standard program of study are no longer entitled to FAPE or
continued receipt of special education and related services.
(ii) A
modified 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 standards-based assessments required for high school students, under
standard administration or with state-approved accommodations as determined by
the SEA. Once the student has attempted
the state required high school assessments, the student shall achieve a level
of competency pre-determined by the student’s IEP team on the current
state-approved demonstration of competency options for graduation. 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. A diploma
obtained through the modified program of study is not considered a “regular
high school diploma” as defined in 34 C.F.R. § 300.102(a)(3)(iv). Pursuant to
34 C.F.R. § 300.102(a)(3)(ii), a student’s right to FAPE does not end upon
obtaining an alternative diploma through the modified program of study and a
student may continue to receive special education and related services until
student either meets the requirements to obtain a diploma through the standard
program of study or until the end of the academic year in which the student
becomes 22 years of age.
(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 standards-based assessments required for high school
students, under standard administration or with state-approved accommodations,
or the state-approved alternate assessment.
Once the student has participated in the state-required high school
assessments, the student shall achieve a level of competency pre-determined by
the student's IEP team on the current state-approved demonstration of competency
options for graduation and meet all other graduation requirements established
by the IEP team. A diploma obtained
through the ability program of study is not considered a “regular high school
diploma” as defined in 34 C.F.R. § 300.102(a)(3)(iv). Pursuant to 34 C.F.R. § 300.102(a)(3)(ii), a
student’s right to FAPE does not end upon obtaining a diploma through the
ability program of study and a student may continue to receive special education
and related services until student either meets the requirements to obtain a
diploma through the standard program of study or until the end of the academic
year in which the student becomes 22 years of age.
(c) Students
receiving a diploma through any of the programs of study are permitted to
participate in all graduation activities.
(d) Any special education student who
obtains a diploma through the modified or ability programs of study may choose
to exit high school after receiving the diploma but continues to have an
entitlement to FAPE. A student may elect to resume their high school education
at their school district of residence until student either meets the
requirements to obtain a diploma through the standard program of study or until
the end of the academic year in which the student becomes 22 years of age.
(e) 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.
(f) 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.
(g) 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.
(h) To
establish a level of proficiency on the current graduation examination or the
state-approved alternate assessment for students on a modified 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.
(i) 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 J 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 modified 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 modified program of study, nor from
the modified 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 modified program of study, or from the modified 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.
(j) 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.
(k) A
student who receives a certificate of transition but does not return to
complete the program of study as outlined in the continuing or transition IEP
will not be considered a dropout.
(l) 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.
(m) 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 different program of study at any time after
development of an initial graduation plan.
(n) 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.
(o) 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 J 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 J
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 modified 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 FERPA.
(p) 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.
(q) All
diplomas awarded by a school district or charter school shall be identical in
appearance and content, 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.
K. 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 Education Plan. 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 Education Plan 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 Education Plan (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
Education Plan process, the NM School DASH process, Education Plan 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 Education Plan evaluation;
(iii) measure
and demonstrate student progress toward the New Mexico content standards with
benchmarks and performance standards;
(iv) demonstrate
student progress toward identified NM School DASH process goals and desired
outcomes;
(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 Education Plan evaluation and NM School DASH monitoring;
(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.
L. 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 L 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.
M. 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.
N. 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 N of 6.29.1.9 NMAC.
(b) In
the event that the person responsible for complying with Subsection N 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 N 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.
O. 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 O 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.
P. 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.
Q. 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; A,
7/31/2023]
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.
(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 support the Education Plan and NM School DASH.
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 12th 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 Education Plan process; and
(4) support
the local curriculum and Education Plan and NM School DASH.
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; and
(5) support
the local curriculum and the NM School DASH.
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; and
(4) support
the local curriculum SS] Education Plan, and NM School DASH.
(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) be
assessed as part of the Education Plan process; and
(5) support
the local curriculum, Education Plan, and NM School DASH.
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 Education Plan process; and
(3) support
the local curriculum, Education Plan, and NM School DASH.
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; and
(3) support
the local curriculum, Education Plan, and NM School DASH.
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; and
(2) support
the local curriculum, Education Plan, and NM School DASH.
J. Gifted education. Gifted education
is specially designed instruction to meet the individual needs of gifted
students pursuant to 6.31.3 NMAC. Gifted education programs shall:
(1) provide gifted students appropriate
instruction in required subject areas, in accordance with Article 13 of Chapter
22 NMSA 1978;
(2) be assessed as
part of the Education Plan process; and
(3) support the local
curriculum, Education Plan, and NM School DASH.
[6.29.1.11 NMAC - Rp, 6.30.2.11 NMAC, 6/30/2009; A, 2/28/2017; A, 12/15/2020;
A, 7/31/2023]
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.