TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 30 EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS

PART 3 ELIGIBILITY FOR THE GENERAL EDUCATIONAL DEVELOPMENT TESTS

(GED TESTS) AND DIPLOMA IN NM

6.30.3.1 ISSUING AGENCY: Public Education Department

[01-01-97, 07-30-99; 6.30.3.1 NMAC - Rn, 6 NMAC 3.4.1.1, 05-31-01; A, 11-13-09]

6.30.3.2 SCOPE: All official general educational development (“GED”) testing centers, public schools, private schools, and individuals seeking to take the GED test in New Mexico.

[01-01-97, 07-30-99; 6.30.3.2 NMAC - Rn, 6 NMAC 3.4.1.2, 05-31-01; A, 07-15-02]

6.30.3.3 STATUTORY AUTHORITY: This rule is being promulgated pursuant to Sections 22-2-1 22-2-2, 22-2-8.8, 22-2-8.14, 22-12-2, 22-12-4, 22-13-1.1 and 43-1-3, New Mexico Statutes Annotated, 1978 Compilation.

[01-01-97, 07-30-99; 6.30.3.3 NMAC - Rn, 6 NMAC 3.4.1.3, 05-31-01; A, 07-15-02; A, 11-13-09]

6.30.3.4 DURATION: Permanent.

[01-01-97, 07-30-99; 6.30.3.4 NMAC - Rn, 6 NMAC 3.4.1.4, 05-31-01]

6.30.3.5 EFFECTIVE DATE: July 30, 1999, unless a later date is cited at the end of a section or paragraph

[01-01-97, 07-30-99; 6.30.3.5 NMAC - Rn, 6 NMAC 3.4.1.5, 05-31-01]

6.30.3.6 OBJECTIVE: To enable individuals who are unable to graduate from high school the opportunity to demonstrate developed abilities normally acquired through completion of a high school program and thereby earn a credential equivalent to a high school diploma.

[01-01-97, 07-30-99; 6.30.3.6 NMAC - Rn, 6 NMAC 3.4.1.6, 05-31-01; A, 07-15-02]

6.30.3.7 DEFINITIONS:

A. “Credential equivalent to a high school diploma” means a New Mexico high school diploma which is issued upon satisfactory passage of the GED.

B. “Department” means the public education department.

C. “GED” means the general educational development test which is a group of rigorous tests administered at designated testing centers that measure high school-level skills and knowledge and result in the issuance of a New Mexico high school diploma to the examinee when passed.

D. “Secretary” means the secretary of the New Mexico public education department.

E. “State superintendent” means the state superintendent of public instruction who, until September 23, 2003, when Article 12, Section 6 of the New Mexico Constitution was amended, was the chief administrative officer of the state board of education and also supervised and directed the operation of the state department of public education.

F. “Superintendent” means the chief executive officer of a school district or a charter school.

[6.30.3.7 NMAC – N, 11-13-09]

6.30.3.8 TESTING ELIGIBILITY AND USE OF THE UNDERAGE FORM:

A. Any individual whether or not a New Mexico resident who is at least 16 years of age, has not graduated from an accredited high school and is not currently enrolled in an accredited high school is eligible to take the GED tests.

B. Any individual who seeks to withdraw from public school and take the GED before their 18th birthday will not be permitted to take the GED unless that individual:

(1) produces a signed letter of hardship from their parent or guardian that describes the reason for withdrawing from school prior to attaining 18 which must be by reason of a verifiable hardship;

(2) obtains written approval from that individual’s superintendent or superintendent’s designee to withdraw from school based upon the letter of hardship and attached supporting document required by Paragraph (3) of Subsection B of 6.30.3.8 NMAC;

(3) attaches documents obtained from that individual’s parent or guardian supporting one of the following categories of hardship justifying the individual’s need to withdraw from school:

(a) medical reasons (e.g., physical or psychological);

(b) the necessity to work to support self or family by reason of death or serious illness of a parent, guardian or family member that resulted in a financial hardship;

(c) any other reason deemed persuasive and appropriate by the local superintendent.

(4) a student whose parents or guardians have provided notice to the department of their having established a home school for that student.

C. An individual 16 or 17 years of age enrolled in a school district or charter school who seeks to withdraw from school and take the GED test, must obtain and present to the local GED chief or alternate examiner a department underage form:

(1) completed by the local superintendent or superintendent’s designee authorizing the testing;

(2) executed in triplicate and containing the individual's birth date, date of withdrawal from school, and signature from the parent or legal guardian;

(3) a signed copy of which department form shall be kept by the local school district or charter school, a signed copy of which shall be kept by the local GED chief or alternate examiner, and the remaining signed copy of which shall be forwarded with the examinee’s passing test scores to the department’s GED testing office.

D. Individuals detained at a New Mexico juvenile correctional institution or a juvenile justice division facility operated by the children youth and family department, will be permitted to take the GED tests at age 16 or 17 only when they request and receive a written approval to take the tests from the warden, director or educational director of that institution or facility. Such individuals will receive the New Mexico high school diploma upon successful completion of the GED tests. No other consent to take the GED tests is required.

E. An individual enrolled in a state institution under the authority of the secretary of the health department will be permitted to take the GED tests at age 16 or 17 only when they request and receive a written approval to take the tests from the director of the facility where the examinee is enrolled or from the educational director of that facility. No other consent to take the GED tests is required.

F. Individuals enrolled in any other state institution will be permitted to take the GED tests at age 16 or 17 only when they request and receive a written approval to take the tests from the director of the facility where the examinee is enrolled or from the educational director of that facility. No other consent to take the GED tests is required.

G. Proper identification in the form of a state or other government-issued picture ID such as a driver’s license, passport, state identification card, must be presented to the GED chief or alternate examiner before testing may begin in order to determine identity, date of birth, and residency (residency must be established in order to determine the proper state for release and forwarding of the GED test scores to the state of residency). Additionally, the identification submitted by an applicant must verify either their signature or their social security number.

H. A home school student of age 16 or 17 seeking to take the GED tests shall obtain and present to the GED testing center examiner an underage form signed by the student’s parent or guardian verifying that a home school notification and establishment form concerning that student has been filed with the department pursuant to 6.81.3 NMAC and Section 22-2-2.1 NMSA 1978.

I. 16 or 17 year old nonresidents seeking to take GED tests in New Mexico must produce hardship documentation and duly signed underage forms as required in this section.

J. A GED examinee is permitted to take the GED tests no more than three times in a calendar year and such scores attained shall be valid for three years from the initial date of testing. If the examinee fails to pass the GED tests within the three year period, the scores will be considered invalid and the examinee must start the GED testing all over.

K. GED examinees taking the Spanish language version shall not be required to take the English as a second language or ESL test in order to receive a New Mexico high school diploma.

[03-03-81, 07-20-93, 01-01-97, 07-30-99; 6.30.3.8 NMAC - Rn, 6 NMAC 3.4.1.8, 05-31-01; A, 07-15-02; A, 11-13-09]

6.30.3.9 PASSING SCORES AND ISSUANCE OF HIGH SCHOOL DIPLOMAS:

A. Upon successful completion of the GED tests, GED test scores will be released in accordance with the current GED examiners manual. Successful completion is defined as:

(1) obtaining a minimum standard score of 410 on each test in the battery, and

(2) obtaining an average standard score of at least 450 on the tests in the battery for a minimum total score of 2250.

B. The local chief or alternate examiner will send the individual an official report of scores he/she attained on the GED tests.

C. A New Mexico resident who has successfully passed the GED tests and is at least 16 years of age will receive the New Mexico high school diploma issued by the secretary through the department’s GED testing office. Only New Mexico residents who have successfully passed the GED tests will be eligible to receive the New Mexico high school diploma. Residents of other states will have their GED test scores forwarded to their state of residency.

D. A New Mexico resident who has passed the GED tests and has also met the requirements for a local high school diploma will receive the local high school diploma instead of the New Mexico high school diploma issued by the secretary through the department’s GED testing office.

E. Except for a school age person who is detained or enrolled in a state institution, a New Mexico resident who has passed the GED tests and has received a GED certificate, may as permitted by law enroll in any public school in New Mexico for the purpose of obtaining a school district or charter school issued high school diploma, provided the examinee has not yet attained the age of 21. Pursuant to Subsection E of 6.30.3 NMAC, the enrollment exception contained in this subsection shall not apply to a person enrolled in a state institution under the authority of the secretary of health.

F. Any school age individual who is a "client" as defined in Section 43-1-3 NMSA 1978 and is in a state institution under the authority of the secretary of the health department, shall have a right to attend public school in the school district in which the client is located if:

(1) the school age person has been recommended for placement in a public school by the educational appraisal and review committee of the district in which the institution is located; or

(2) the school age person has been recommended for placement in a public school as a result of the appeal process as provided in the special education rules of the department.

G. A secretary-issued New Mexico high school diploma awarded by reason of an individual having obtained passing scores on the GED tests shall be equivalent to a high school diploma or a New Mexico diploma of excellence issued by a school district pursuant to Section 22-13.1.1 NMSA 1978.

H. In those instances in which an individual received a passing GED score prior to September 23, 2003, duplicate New Mexico high school diplomas will continue to be issued by the state superintendent and not the secretary.

I. Any student identification number issued to a public school student shall be included on all GED certificates issued by the department.

[01-31-72, 06-12-73, 01-11-78, 03-03-81, 07-20-93, 01-01-97, 07-30-99; 6.30.3.9 NMAC - Rn, 6 NMAC 3.4.1.9, 05-31-01; A, 07-15-02; A, 11-13-09]

HISTORY OF 6.30.3 NMAC:

PRE-NMAC HISTORY: The material in this regulation is derived from that previously filed with the State Records Center and Archives under:

SDE Regulation 71-21, Minimum Age Requirement for G.E.D. Test Administration in New Mexico, filed January 31, 1972;

SDE Regulation 73-20, Regulation Governing Minimum Age Requirement for G.E.D. Test Administration in New Mexico, filed June 12, 1973; and

State Board of Education Regulation 80-12, eligibility for the G.E.D. Exam and Diploma in New Mexico, filed March 3, 1981.