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 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:
A. Section 22-2-2 NMSA 1978 grants the
authority and responsibility for the assessment and evaluation of public
schools, state-supported educational institutions and educational programs
conducted in state institutions other than New Mexico military institute.
B. Section 22-2-2 NMSA 1978 directs the
department to set graduation expectations and hold schools accountable. Section 22-2C-3 NMSA 1978 requires the
department to adopt academic content and performance standards and to measure
the performance of public schools in New Mexico.
C. Subsection E of Section 22-13-1.1
NMSA 1978 authorizes the department to establish a policy for administrative
interpretations to clarify curricular and testing provisions of the Public
School Code.
D. Section 22-5-13 NMSA 1978 grants
authority to the department to develop mandatory training of local school board
members.
E. Section 22-13-14 NMSA 1978 requires
the department to establish penalties for non-compliance with this section
prescribing the frequency with which public schools and private schools shall
hold emergency drills.
F. Subsection D of Section 9-24-8 NMSA
1978 authorizes the secretary to adopt rules necessary to carry out the duties
of the department.
[6.29.1.3 NMAC - Rp, 6.30.2.3 NMAC,
6-30-2009]
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:
A. This rule provides for the
implementation for educational standards and expectations for all students who
attend schools defined in the scope of this regulation.
B. The New Mexico content standards
with benchmarks and performance standards specify the goals for instruction.
(1) Part 1.
Standards for Excellence. General Provisions specifies general
requirements for procedures and programs.
Parts two through eleven outline content standards with benchmarks and
performance standards for subjects as follows:
(2)
Part 2. Arts Education
(3) Part 3.
Career and Technical Education
(4) Part 4.
English Language Arts
(5) Part 5.
English Language Development
(6) Part
6. Health Education
(7) Part 7.
Mathematics
(8) Part 8.
Modern, Classical and Native Languages (content standards only)
(9) Part 9.
Physical Education
(10) Part 10.
Science
(11) Part 11.
Social Studies
[6.29.1.6 NMAC - Rp, 6.30.2.6 NMAC, 6-30-2009]
6.29.1.7 DEFINITIONS:
A. "Ability program of study"
means an alternative graduation option for students with disabilities. This option is based upon the student's
meeting or exceeding IEP goals and objectives, with or without reasonable
accommodations of delivery and assessment methods, referencing skill attainment
at a student's ability level which provides a clear and coordinated transition
to meaningful employment or other appropriate day habilitation or community
membership and independent living, as appropriate to meet anticipated
functional needs.
B. "Academic achievement"
means the relative success of students in learning and mastering the school
subjects that they study as measured by tests of the knowledge and skills that
were taught.
C. "Academic choices" means
required courses, elective courses, co-curricular activities and
extra-curricular activities available to students.
D. "Accountability" means
that individuals or organizations should be held responsible for improving
student achievement and should be either rewarded for their success or
sanctioned for their lack of success. In
education, accountability requires measurable proof that teachers, schools,
districts and states are teaching students efficiently and well.
E. "Accreditation" means the
official recognition that a school or district meets required standards. Schools are accredited in two ways: 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.
F. "Achievement" means
demonstrated accomplishment and the mastery of a clearly identified essential
skill or of knowledge as a consequence of the individual's effort, learning and
practice.
G. "Achievement gap" means
the persistent differences in achievement among different groups of students as
indicated by scores on standardized tests, grades, levels of educational
attainment, graduation rates and other data.
H. "Adequate yearly progress
(AYP)" means the state's measure of yearly progress toward achieving state
academic standards, as described in the No Child Left Behind Act of 2001
(NCLB). Adequate yearly progress is the
minimum level of improvement that states, school districts and schools shall
achieve each year. This progress is
determined by a collection of performance measures that a state, its school
districts and sub-populations of students within its schools are expected to
meet if the state receives Title I, Part A federal funding.
I. “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
upon college and university policies at an institution the student may later
attend.
J. "Advisor" means a
student's guidance counselor or other designated school official, which may
include teachers assisting students and their parents with course work
planning.
K. "Aligned professional
development" means professional development that is aligned to the
instructional or organizational needs of the school or district, and to the
district's EPSS. Professional
development is tied directly to the student achievement data of the school and
district.
L. "Annual measurable objective
(AMO)" means the target used to determine student performance for
NCLB. This law requires states to
develop target annual measurable objectives that will determine whether a
school, a district or the state as a whole is making adequate yearly progress
toward the goals of having all students performing academically at an
acceptable rate by the year 2014.
M. "Applied technology
education" means using technology in a course.
N. "Articulation" means
planning a comprehensive and logical sequence of a program of studies.
O. "Assessment" means
measurement. An assessment may be part
of a system for testing and evaluating individual students, groups of students,
schools or districts. Different types of
assessment instruments include: achievement tests, minimum competency tests,
developmental screening tests, aptitude tests, observation instruments,
performance tasks, portfolio and authentic assessments. Assessments may contain questions in any of a
number of formats. Common formats for
standardized tests include: multiple-choice, short response and open-ended
response.
P. "Benchmark" means a
specific, measurable goal or objective for students to meet at various points
during the school year. Benchmarks
describe what all students shall know and be able to do in a content area by
the end of designated grades or levels.
Q. "Bilingual multicultural
education" means an instructional program that uses two languages (English
and the home language of students) as mediums of instruction in the
teaching-learning process.
R. "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 22-14-1 NMSA
1978.
S. "Career and technical
education course" means a course with content that provides technical
knowledge, skills and competency-based applied learning, and that aligns with
the regulations for educational standards and expectations for all New Mexico
students who attend schools as defined in the scope of 6.29.1.2 NMAC.
T. "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.
U. "Career pathways" means a
sub-grouping used as an organizing tool for curriculum design and instruction
of occupations/career specialties that share a set of common knowledge and
skills for career success.
V. "Career readiness program of
study" means an alternative graduation option for students with
disabilities. This option is based upon
meeting the department's employability and career education standards with
benchmarks and performance standards as identified in the student's IEP.
W. "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.
X. "Charter school" means a
school authorized by a chartering authority to operate as a public school. Sections 22-2-1, 22-8-1 through 22-8-47, and
22-8B-1 through 22-8B-17, NMSA, 1978.
Y. "Chartering agency" means
a school district or agency that approves and oversees a charter school.
Z. "Commission" means the
public education commission.
AA. "Competency-based applied
learning" means ensuring that applied learning courses are aligned with
the appropriate content standards, benchmarks and performance standards.
AB. "Class load" means the number
of students for whom a teacher structures activities at a given time.
AC. "Content standard" is a
statement about performance that describes what students should know and be
able to do in content areas at each grade level.
AD. "Core academics" are the
required subjects in middle and high schools.
AE. "Core curriculum" means the
body of knowledge that all students are expected to learn.
AF. "Correspondence course"
means a form of distance learning that is 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.
AG. "Culturally and linguistically
different" means a student who is of a different cultural background than
"mainstream United States culture," and whose home or heritage
language, inherited from the student's family, tribe or country of origin, is a
language other than English.
AH. "Data-based decision making"
means the process of making decisions about curriculum and instruction on the
basis of statistical analysis of student performance data and schoolwide
performance data.
AI. "Department" means the New
Mexico public education department (PED), which is the state educational agency
(SEA) for New Mexico.
AJ. "Diagnostic tools" means the
category of measurement tools informing the effectiveness of instruction,
materials or techniques that address the academic needs of students in their
performance of expected levels of achievement of learning targets.
AK. "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.
AL. "District" means the
geographic boundary in which a K-12 set of public schools resides, under the
supervision of a locally-elected board of education (22-4-1 and 22-4-2, NMSA
1978).
AM. “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.)
AN. "Educational plan for student
success (EPSS)" is the strategic plan written by all districts and schools
to improve student performance.
AO.
"Elective unit" means a
unit ("credit") that is not specified as a graduation requirement,
but that can be taken to complete the number of units required for graduation.
AP. "Emergency drills" means the
requirement that a total of twelve drills be conducted in each public and
private school. These emergency drills
shall consist of nine fire drills, two shelter-in-place drills and one
evacuation drill at the intervals set forth in Paragraph (1) of Subsection N of
6.29.1.9 NMAC.
AQ. "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.
AR. "Formative assessment" means
measures of academic achievement during the learning process.
AS. "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.
AT. "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.
AU. "Fidelity"
means the implementation of a program, strategy or intervention exactly as it was
developed by the vendor, researcher or author.
The commitment to fidelity is essential to determine if the change in
instruction is based on a program, strategy, or intervention.
AV. "Final next-step plan" means
a next-step plan that shows that the student has committed or intends to commit
in the near future to a four-year college or university, a two-year college, a
trade or vocational program, an internship or apprenticeship, military service
or a job, as stated at 22-13-1.1(M)(1) NMSA 1978.
AW. “Gifted child” means a school-age
person, as defined in Section 22-13-6 (D) NMSA 1978, whose intellectual ability
paired with subject matter, aptitude/achievement, creativity/divergent thinking
or problem-solving/critical thinking meets the eligibility criteria in
6.31.2.12 NMAC, and for whom a properly constituted IEP team determines that
special education services are required to meet the child’s educational needs.
AX. "Grade configuration" means
the grade band(s) in which schools are organized in a district, such as: K-5,
K-6, K-8, 6-8, 7-8.
AY. "Heritage language" means a
language other than English that is inherited from a family, tribe, community
or country of origin.
AZ. "Home language" means a
language other than English that is the primary or heritage language spoken at
home or in the community.
BA. “Honors
course” means a course developed locally to meet the needs of accelerated
students. Honors courses offer the same
curriculum that standard courses offer, but are more challenging. Honors courses are generally faster-paced and
cover topics in more depth; however, these courses are not generally considered
equivalent to college-level work.
BB. "Individuals
With Disabilities Education Improvement Act of 2004
(IDEA)" addresses special needs of individual students with disabilities.
BC. "Individualized education program
(IEP)" means a written statement for a student (with a disability)
that is developed, reviewed and revised in accordance with 34 CFR, Sections
300.320 through 300.324.
BD. "Interim next-step plan"
means an annual next-step plan in which the student specifies post-high-school
goals and sets forth the course work that will allow the student to achieve
those goals, as stated at 22-13-1.1(M)(2) NMSA 1978. The "interim next step plan"
includes all next-step plans in grades 9 through 11.
BE. "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.
BF. "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.
BG. "Locally chartered charter
school" means a charter school authorized by a local school board.
BH. "National
standards" means an agreement at the national level about what students
are supposed to learn in a given subject area at each grade level.
BI. "Next-step
plan" means an annual personal written plan of studies developed by a
student in a public school or other state-supported school or institution, in
consultation with the student's parent and school counselor or other school
official charged with course work planning for the student (22-13-1.1(M)(3)
NMSA 1978).
BJ. "New
Mexico school boards association (NMSBA)" means the organization made up
of the local public school boards and the governing bodies of charter schools
in New Mexico.
BK. "New Mexico standards-based assessment
(SBA)" 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.
BL. "No Child Left Behind
Act (NCLB)" refers to the reauthorization of the federal Elementary and
Secondary Education Act, which was originally passed in 1965. NCLB was passed in fall 2001 and signed into
law in early 2002.
BM. "Occupational safety and health
administration (OSHA)" means a division of the U.S. department of labor.
BN. "Online" means utilizing the
internet.
BO. "Pathway" means the academic
plan of study for a student to achieve graduation, including courses to take in
Grades 9-12.
BP. "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 and
performance standards.
BQ. "Positive
behavior support (PBS)" means implementing individualized, classroom and
school-wide behavior interventions and strategies to decrease inappropriate and
disruptive behaviors.
BR. "Primary language" means the
first language a child learns, also called the "native language."
BS. "Prior
written notice (PWN)" means the written notice that goes to parents from
the school district, informing them that 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.
BT. "Professional development"
means the continuing education process for teachers and administrators to
provide them with the knowledge and skills needed to perform their jobs well.
BU. "Proficiency" means the
mastery of skills and knowledge for a specific grade or subject.
BV. "Proficient" means one of
four classifications of achievement levels of districts, schools and students
based on the SBA and schools on the national
assessment of educational progress (NAEP).
BW. "Program
of study" is a progressive continuum of courses that may be offered across
grades 9-14. A program of study is a
means to provide technical training, training to prepare for employment and training
to prepare for entry into post-secondary education.
BX. "Response to intervention
(RtI)" means a multi-tiered organizational framework that uses a set of
increasingly intensive academic or behavioral supports, matched to student
need, as a system for making educational programming and eligibility
decisions. It is a continuum of
school-wide support that contributes to overall comprehensive school
improvement efforts. In New Mexico, the
RtI framework is called the “the three-tier model of student intervention.”
BY. "School
improvement framework" means a document written by the department that is
used by public schools and districts to develop and monitor their school
improvement plans. The school
improvement framework shall align with the district's EPSS.
BZ. "Schoolwide"
means a Title I program model implemented at a school where all students could
potentially benefit from Title I funding.
CA. "Scientifically-based
research" means research that involves the application of rigorous,
systematic and objective procedures to obtain reliable and valid knowledge
relevant to educational activities and programs.
CB. "Secretary"
means the secretary of the New Mexico public education department.
CC. "Short-cycle assessment" is a
formative measure that is regularly used to assess student performance over a
short time period.
CD. "Skills" are competencies or
abilities, mental or physical, which may be improved by practice.
CE. "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.
CF. "Standard program of study"
means a program of study that is based upon the student's meeting or exceeding
all requirements for graduation as specified in Section 22-13-1.1 NMSA 1978.
CG. "Standardized
grading system" means that all schools and districts are required by SY
2009-2010 to implement a standardized grading system for grades 5 through 12
(Section 22-2-8.13, NMSA 1978).
CH. "State-chartered charter
school" means a charter school authorized by the public education
commission.
CI. "State education agency
(SEA)" is the agency primarily responsible for supervising a state's
public schools.
CJ. "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.
CK.
"Strategy" means a plan or tactic to solve a problem or carry out a
decision. In education, a strategy
refers to almost every action that a teacher or a student does in a classroom,
such as asking a question, reading a story, figuring out the meaning of a word,
planning the next day's lesson.
CL. "Student and teacher
accountability reporting system (STARS)" means the data reporting system
directed by the department.
CM. "Student assistance team
(SAT)" is a school-based group of people whose purpose is to provide
additional tier II support (consistent with requirements of the three-tier
model of student intervention provided in Subsection D of 6.29.1.9 NMAC) to
students who are experiencing academic or behavioral difficulties that are
preventing them from benefiting from general education, because they are either
performing below or above expectations.
(Public agencies may have similar names used for this team, such as
"student success team" or "student support team.")
CN. "Targeted
assistance" means a Title I program model where Title I services are
provided to a small number or a particular group of students.
CO. "Technical assistance" means
support and guidance provided to states, districts, schools and classrooms.
CP. "Transition" means the goal
of creating a seamless transition from one part of the educational system to
the next.
CQ. "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]
6.29.1.8 IMPLEMENTATION: This regulation shall
assist in the implementation of standards for excellence through the use of the
educational plan for student success
(EPSS), content standards with benchmarks and performance standards, and
additional program and procedural requirements specified in this
regulation. The primary mechanism for
planning and implementation is the educational
plan for student success (EPSS).
A. District responsibilities for the
EPSS. The EPSS is a strategic improvement
plan that is written or revised based on trend data and the academic
achievement of the school and district.
Each district is required to develop, implement, monitor and evaluate
the plan on an annual basis.
Additionally, the district shall ensure that a site-level EPSS is
developed by each school within the district and by each charter school for
which the district is the chartering agency.
State-chartered charter schools shall develop a site-level EPSS. Districts with fewer than 600 students may write
only one EPSS for the entire district; however, a district with a school in or
receiving a school improvement status classification is not eligible for this
option. The EPSS shall be guided by the
following four questions:
(1) What is the current level of performance
compared with the annual measurable objectives (AMOs)? This requires a review of student performance
data using SBA trends, available short-cycle assessments and other assessments
used at local sites.
(2)
Where does the district or charter school need to be, compared with the
AMOs? This requires a review of overall
goals/target areas (performance indicators).
(3) How will the district or charter school
achieve its stated goals/target areas?
This requires development of strategies and activities for improvement.
(4) How does the district or charter school
know it is meeting short-term and annual goals?
This requires a review of available short-cycle and SBA data.
B. The
school improvement framework. The school improvement framework is the
document that is used by public schools and districts to develop, implement,
monitor and evaluate schools in the school improvement process. The department shall develop the framework in
alignment with applicable state and federal laws. It shall be revised annually or as necessary,
and approved by the secretary.
[6.29.1.8 NMAC - Rp, 6.30.2.9 NMAC,
6-30-2009; A, 10-31-11]
6.29.1.9 PROCEDURAL REQUIREMENTS:
A. Duties and powers of the local board
of education or 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 local board of education (or governing body of a charter
school, where indicated) shall:
(1) review, approve
and support the district's EPSS and each school site-level EPSS, or the charter
school's EPSS;
(2) employ and
evaluate the local superintendent or charter school administrator;
(3) develop a planned
program of training annually, in which each member of the board participates,
to assist in the performance of specified duties; this planned program shall
align with the district's EPSS; training shall include the following
requirements and procedures.
(a) All local school board members shall
receive a total of five hours of annual training.
(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 New Mexico school boards association (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 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 Section 22-2C-11(G) 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 district
superintendent or the administrator of a charter school. In addition to the powers and duties set out
in Section 22-5-14 NMSA 1978 of the Public School Code, the local
superintendent (or charter school administrator, where relevant) shall:
(1) administer local
board’s (or governing body of a charter school's) policies, state and federal
requirements and applicable laws, including the Public School Code;
(2) be accountable for student achievement;
budget management; expenditure of funds; dissemination of information; district
or charter school communications; development, implementation and evaluation of
the EPSS and all other district or charter school business;
(3) review, approve
and support the district EPSS and each school site-level EPSS or the charter
school's EPSS;
(4) attend all local board or governing body
of a charter school's meetings or, when necessary, designate a licensed
administrator to attend;
(5) ensure that school patrons and the public
are informed and involved in the acquisition, planning and development of
school facilities and that students are provided with adequate facilities which
conform to state and federal mandates;
(6) be accountable
for student safety (see 6.12.6 NMAC - School
District Wellness Policy):
(a) ensure that all
students are supervised while on school property and while attending or
traveling to school events or activities on school-provided transportation;
(b) ensure that all buildings, grounds and
facilities provide a safe and orderly environment for public use (see
Subsection O 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 No Child Left Behind Act of 2001 (PL
107-110, 20 US Code Section 6301 et seq.); 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 primary 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 sixty 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 forty-five
(45) school days during a school year.
(d) The secretary shall consider deviations
from the requirements of Subparagraph (c) of Paragraph (9) of Subsection B 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 forty-five (45) day limit.
C. Licensed staff and administrators.
(1) The licensed staff shall exercise duties
specified in law and those assigned by the local district or charter school.
(2) As required by state and federal law, all
licensed staff and administrators shall be evaluated on an annual basis.
(3) The detection and reporting of child abuse
or neglect is required by both the Children's Code (32A-4-3 NMSA 1978) and the
Public School Code (22-5-4.2 NMSA 1978).
Abuse of a child under the Children's Code refers to the physical,
sexual, emotional or psychological abuse of a child by a parent, guardian or
custodian. According to the Children's
Code, failure to report abuse or neglect of a child is a misdemeanor. The terms "abuse" and
"neglect" are defined in detail in Section 32A-4-2 NMSA 1978 of the
Children's Code. There is also the crime
of child abuse, which consists of anyone who knowingly, intentionally,
negligently or without cause, causes or permits a child to be placed in a situation
of endangerment to the child's life or health, torturing or cruelly confining a
child, or exposing a child to the inclemency of weather. To address the detection and reporting of
child abuse or neglect in public schools:
(a)
school districts and charter schools shall adopt written policies that
establish a process for the coordination and internal tracking of child abuse
or neglect reports made by district personnel;
(b) school districts and charter schools shall
include in their policies a requirement that all personnel shall immediately
report suspected child abuse or neglect to either a law enforcement agency, the
New Mexico children, youth and families department, or a tribal law enforcement
or social services agency for any Indian child residing on tribal land;
(c) school districts and charter schools shall
not require their personnel to first report to or notify designated school personnel
or go through their chain of command before making the mandatory report
described in Subparagraph (a) of Paragraph (3) of Subsection C 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 C 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 C 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 C 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.
D. Student intervention system. The school and district shall follow a
three-tier model of student intervention as a proactive system for early
intervention for students who demonstrate a need for educational support for
learning or behavior.
(1) In tier 1, the school and 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, a referral from a parent, a school
staff member or other information available to a school or district suggests
that a particular student needs educational support for learning or behavior,
then the student shall be referred to the SAT for consideration of
interventions at the tier 2 level.
(2) In tier 2, a properly-constituted SAT at
each school, which includes the student's parents and the student (as
appropriate), shall conduct the student study process and consider, implement
and document the effectiveness of appropriate research-based interventions
utilizing curriculum-based measures. As
part of the child study process, the SAT 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. When it is
determined that a student has an obvious disability or a serious and urgent
problem, the SAT shall address the student's needs promptly on an
individualized basis, which may include a referral for a full, initial
evaluation to determine possible eligibility for special education and related
services consistent with the requirements of Subsections D-F of 6.31.2.10 NMAC
and federal regulations at 34 CFR Sec. 300.300.
(3) In tier 3, a student has been identified
as a student with disability or gifted under the state criteria for giftedness
deemed eligible for special education and related services, and an IEP is
developed by a properly-constituted IEP team, pursuant to Subsection B of
6.31.2.11 NMAC and federal regulations at 34 CFR Sec. 300.321.
(4) The department's manual, the student assistance team and the
three-tier model of student intervention, shall be the guiding document for
schools and districts to use in implementing the student intervention system.
E. Records and reports.
(1) Each district and charter school shall
maintain and treat all personally identifiable educational records in
accordance with the Family Educational Rights and Privacy Act (FERPA), the
implementing regulations set forth at 34 Code of Federal Regulations, Part 99
and Inspection of Public Records Act, Sections 14-2-1 through 14-2-12 NMSA
1978.
(2) All records shall be safe from fire and
theft and stored in a retrievable manner.
All student records, including disciplinary and grading records, shall
be retained and disposed of pursuant to 1.20.2 NMAC.
(3) Transcripts and copies of pertinent
records of students transferring from one school to another, including
disciplinary records with respect to suspension and expulsion, shall be
forwarded promptly upon written request by the receiving school.
(4) Local school boards and governing bodies
of charter schools shall establish policies providing for inspection of
education records by students and parents.
(5) Effective July 1, 2009, after the
administration of the eleventh grade SBA, 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.
F. 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.
G. 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 twelve 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 twelve 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 G 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 G 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.
H. Student/staff caseloads in gifted
and special education.
(1) The student/staff caseload shall not
exceed 35:1 for a special education teacher and 60:1 for a speech-language
pathologist for special education services or speech-only services, in which
properly licensed special education teachers or speech-language pathologists
travel from class to class or school to school, providing services to students
with disabilities whose individualized education programs (IEPs) require a
minimal amount of special education. (A
minimal amount of special education services shall not exceed 10 per cent of
the school day/week.)
(2) The student/staff caseload shall not
exceed 24:1 for a special education teacher and 35:1 for a speech-language
pathologist for special education services or speech-only services which
properly-licensed special education teachers or speech-language pathologists
provide to students with disabilities whose IEPs
require a moderate amount of special education. (A moderate amount of special
education services shall be less than 50 per cent of the school day.)
(3) The student/staff caseload shall not
exceed 15:1 for special education services in which properly licensed special
education teachers provide services to students with disabilities whose IEPs require an extensive amount of special education
for a portion of the school day as appropriate to implement the plan. (An extensive amount of special education
services shall be provided 50 per cent 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. This includes a child
who will turn three at any time during the school year, and who is determined
to be eligible for Part B services. The
child may be enrolled in a Part B preschool program at the beginning of the
school year if the parent so chooses, whether or not the child has previously been
receiving Part C services.
(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. This includes children who will turn three at
any time during the school year, and who are determined to be eligible. The
child may be enrolled in a Part B preschool program at the beginning of the
school year if the parent so chooses, whether or not the child has previously
been receiving Part C services.
(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.
I. Length of school day and year.
(1) The district or charter school shall be in
compliance with length of school day and year requirements as defined in
Section 22-2-8.1 NMSA 1978. Within
statutory requirements, the local board or governing body of a charter school
determines the length of the school year, which includes equivalent hours. The local board or governing body of a
charter school may delegate this authority to the superintendent or charter
school administrator who, in turn, may delegate to others.
(2) Time for home visits/parent-teacher
conferences. The local board or
governing body of a charter school may designate a prescribed number of hours
within the school year for home visits, to develop next-step plans for students
or parent-teacher conferences up to the following maximum hours: kindergarten:
33 hours; grades 1 through 6: 22 hours; and grades 7 through 12: 12 hours.
(3) All students shall be in school-directed
programs, exclusive of lunch, for a minimum of the following:
(a) kindergarten, for
half-day programs: two and one-half (2
and 1/2) hours per day or 450 hours per year; or, for full-day programs: five and one-half (5 and 1/2) hours per day
or 990 hours per year;
(b) grades one
through six: five and one-half (5 and
1/2) hours per day or 990 hours per year; and
(c) grades seven
through twelve: six (6) hours per day or
1,080 hours per year.
(4) Testing and assessments are considered
part of instructional hours. One group
of students cannot be dismissed while another group of students is testing,
unless the students being dismissed already have approved extended-day plans in
place for participating in the minimum instructional hours required.
(5) Dismissing students or closing school for
staff development and participation in other non-instructional activities does
not count toward the minimum instructional hours required. This time is to be built into a district and school
schedule as an add-on. Early-release
days may be built into a district or charter school calendar when the minimum
instructional hours' requirement is otherwise being met.
(6) The student lunch period each day shall be
at least thirty (30) minutes. Lunch
recess shall not be counted as part of the instructional day.
(7) Districts or charter schools may request a
waiver from the secretary if the minimum length of school day requirement creates
an undue hardship. Such requests shall
be submitted using the department's instructional
hours waiver request form. This form shall
include: name of superintendent; district/school; mailing address; phone; fax;
email address; name of a secondary contact person including the same
information; date of submission; local board policy requirement and approval,
if required; date of board approval; statement of applicable district or
charter school policy and rationale for request. Requests shall provide documentation
that the following conditions exist:
(a) the educational,
societal or fiscal consequences of operating the minimum length of a school
day/year significantly impede the district's ability to provide a quality educational
program; and
(b) the district or
charter school has thoroughly investigated alternatives other than shortening
the length of a school day/year in order to address the identified concerns.
(8) When an emergency arises and the emergency
affects the required hours, the local superintendent or charter school
administrator shall request in writing approval from the secretary regarding
the manner in which the lost instructional hours will be made up, or requesting
an exemption from the required instructional hours.
J. Graduation requirements.
(1) The New Mexico eleventh grade SBA. The district or charter school shall be in
compliance with requirements as specified in Section 22-13-1.1 NMSA 1978 and
Subsection L of Section 66-7-506 NMSA 1978 (offering driver education, service
learning and financial literacy as electives).
The department specifies that students shall meet all graduation
requirements in order to be eligible to receive a diploma. This includes the requirement of passing the
eleventh grade SBA.
(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 and no later than the spring of the tenth
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 SBA score in mathematics,
other relevant assessment scores and coursework grades and educational career
plans recorded in the student’s next step plan;
(l) for the student to take four mathematics
courses that contain a lesser content than that recommended for inclusion in
algebra 2 or its equivalent, the student’s parent shall provide written, signed
permission on the student’s next step plan; parental signature on the next step
plan for the eleventh grade indicating the mathematics courses the student will
take shall serve as the required signed permission.
(3) Transfer of credits. For students enrolling or re-enrolling in
public schools, local school boards or governing bodies of charter schools will
establish policies as follows.
(a) Credits shall be transferable with no loss
of value between schools that are accredited by a state board of education in
the United States, United States territories, Puerto Rico, the
freely-associated states and outlying areas of the United States, department of
defense schools or other authorized body.
(b) Policies of the local school board or the
governing body of a charter school, for students transferring from home
schools, private schools or foreign schools to the public schools, will be in
accordance with Subsection D of Section 22-1-4 NMSA 1978.
(c) Acceptance of credits earned through correspondence
extension study, foreign study, home study courses or non-department
accredited, non-public schools is determined by the policy of the local school
board or the governing body of a charter school.
(4) Correspondence courses. For students currently enrolled in public
schools, local school boards or governing bodies of charter schools will
establish policies addressing the use of correspondence courses to meet
graduation requirements.
(a) Policies should be based on the following
circumstances:
(i) when
road conditions or distance from access to school transportation prohibit
regular daily attendance;
(ii) when a student cannot attend school due to
prolonged illness or recovery from injury, as part of the individual plan to
address the student's educational needs developed in accordance with applicable
state and federal regulations governing the education of students with
disabilities;
(iii) when
the occupation of the parent or student requires prolonged periods of time away
from the school district;
(iv) when
a student is housed in a long-term residential facility; or
(v) to
enhance or supplement graduation requirements based on a student's individual
need(s).
(b) Schools counting credit for correspondence
courses for enrolled students shall ensure that such courses are part of the
student's individual plan for graduation.
If applicable, such courses are part of the IEP developed in accordance
with applicable state and federal regulations governing the education of
students with disabilities, and schools shall ensure that assistance is
available to students as needed to complete the correspondence courses.
(c) Correspondence courses used to provide
graduation credit to currently enrolled students shall be provided by:
(i) a
school accredited by the state board of education of the state in which the
school is located, or
(ii) a college or
university with regional accreditation to perform such function.
(5) Dual credit program. “Dual credit program” means a program that
allows high school students to enroll in college-level courses offered by
public post-secondary educational institutions that may be academic or
career-technical in nature, but may not be remedial or developmental, and
through which students can simultaneously earn credit toward high school
graduation and a post-secondary degree or certificate. (Refer to 6.30.7.6 NMAC.)
(6) Distance learning courses. "Distance learning" means the
technology and the educational process used to provide instruction for credit
or for a grade, when the course provider and the distance-learning student are
not necessarily physically present at the same time or place. Distance learning does not include
educational software that utilizes only on-site teaching. Any program involving distance learning shall
be governed by the department's distance learning rule, found at 6.30.8 NMAC.
(7) Standardized grading system. A standardized grading system is required to
be implemented by each district and charter school. The system shall include the following
components:
(a) a written report
to parents regarding the performance of their children tested with the New
Mexico standards-based assessments;
(b) for grades 3-12,
a standardized alphabetic grading system, based on the 4.0 scale (i.e., a
minimum of 4.0 or higher=A, 3.0=B, 2.0=C, 1.0=D); certain courses may be
assigned a weighted score according to local policy;
(c) alignment of all
district and school curriculum to the New Mexico content standards with
benchmarks and performance standards; and
(d) all school report
cards shall include the results of standards-based assessments and may augment
the standardized grading system with a narrative or other method that measures
a student’s academic, social, behavioral or other skills.
(8) Final examination. A final examination shall be administered to
all students in all courses offered for credit.
(9) Credit.
Credit cannot be earned twice for the same course.
(10) Other elective credit. Elective credit courses shall meet all New
Mexico content standards with benchmarks and performance standards, and shall:
(a) include a
written, sequential curriculum;
(b) be taught by an
instructor who is appropriately licensed and endorsed to teach the course;
(c) include a final examination; and
(d) be reviewed and
approved by the local board of education or governing body of a charter school.
(11) Alternative credit. Local districts, charter schools or state
educational institutions may design elective courses, known as alternative
credit courses, to satisfy any of the specified credits required for
graduation.
(a) The process includes:
(i) review of the licensure and endorsements
of affected staff;
(ii) review
of required course content standards with benchmarks and performance standards
with the proposed elective course, and summary of alignment between the two
courses;
(iii) determination
of the amount of credit that will be generated;
(iv) publication
of information regarding what course is available for alternative credit and
identification of STARS course number;
(v) inclusion
of the availability of alternative credit in all next-step plans;
(vi) note
on the student transcript that the graduation requirement course was completed
using the named alternative credit course;
(vii) review
and preliminary approval by the local board of education or governing body of a
charter school.
(b) Once the process has been completed, the
district superintendent or administrator of a charter school or state
educational institution shall submit a written request, with appropriate
documentation, to the secretary for approval.
(12) Excuses from physical education. The physical education graduation requirement
may be waived by the secretary, based upon a request by the local superintendent
or charter school administrator with documentation from a licensed medical
doctor, osteopath, certified nurse practitioner with
prescriptive authority or chiropractor, that the student has a permanent or
chronic condition that does not permit physical activity. Such requests shall be submitted using the
department's physical education waiver
request form. This form shall
include: name of superintendent; district/school; mailing address; phone; fax;
email address; name of a secondary contact person including the same
information; date of submission; local board policy requirement and approval,
if required; date of board approval; statement of applicable district or
charter school policy and, for each student for whom the waiver is requested: name, school and year of student graduation,
district affirmation that it possesses required medical documentation, name and
email address of school principal and rationale for the request. A student receiving special education
supports and services pursuant to the IDEA or Section 504 of the federal
Rehabilitation Act may also be eligible to request this waiver, when
appropriate medical documentation is provided in the IEP.
(13) Graduation requirements for issuance of a
conditional certificate of transition for students with an IEP. The development of a program of study and the
granting of a diploma, or use of a conditional certificate of transition in the
form of a continuing or transition individualized educational program (IEP) for
students receiving special education services, includes the following governing
principles:
(a) The IEP team is responsible for
determining whether the student has completed a planned program of study based
on the student's strengths, interests, preferences, identified educational and
functional needs and long-term educational or occupational goals, making the
student eligible to receive either a diploma or a conditional certificate of
transition. A conditional certificate of
transition allows the student to participate in graduation activities. If a student receives a conditional
certificate of transition, the student shall then return to the program
specified in the IEP to complete the student's secondary program and meet the
requirements for a diploma. In
addition, all IEPs shall provide a description of how the student's progress
toward meeting annual goals and graduation requirements will be measured, and
at what intervals progress will be reported to parents or guardians. A student shall be awarded a diploma upon
completion of a planned program of study that meets the requirements of
paragraph (b).
(b) A student may be awarded a diploma
(Section 22-13-1.1 NMSA 1978) using any of the following programs of study
described in (i) through (iii). All IEP
team discussion points and decisions identified herein, including the
identification of the student's program of study and any student or parent
proposals accepted or rejected by the IEP team (if the student has not reached
the age of majority), shall be documented on the student's IEP and in the prior
written notice (PWN) of proposed action.
(i) A standard program of
study is based upon meeting or exceeding all requirements for graduation based
on the New Mexico standards for excellence (Subsection 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 Section
22-13-1.1(I) NMSA 1978 under standard administration or with state-approved
accommodations, and shall meet all other standard graduation requirements of
the district.
(ii) A career readiness alternative program of
study is developed to provide relevance and is based on a student's career
interest as it relates to one of the career clusters, with or without
reasonable accommodations of delivery and assessment methods. In addition, a student shall take the current
state graduation examination(s) administered pursuant to Section 22-13-1.1(K)
NMSA 1978, under standard administration or with state-approved accommodations,
and achieve a level of competency pre-determined by the student's IEP team; the
student shall earn at least the minimum number of credits required by the
district or charter school for graduation through standard or alternative
courses that address the employability and career development standards with
benchmarks and performance standards, as determined by the IEP team. Course work shall include a minimum of four
units of career development opportunities and learning experiences that may
include any of the following: career
readiness and vocational course work, work experience, community-based
instruction, student service learning, job shadowing, mentoring or
entrepreneurships related to the student's occupational choices. Credits for work experience shall be related
to the program of study that the school offers and specific to the district's
ability to offer work experience or community-based instruction credits. The student shall achieve competency in all
areas of the employability and career development standards with benchmarks and
performance standards, as determined by the IEP team and the student's interest
as it relates to the career clusters.
The program of study shall address the New Mexico content standards with
benchmarks and performance standards in other subject areas as appropriate.
(iii) An ability program of
study was developed for students who have a significant cognitive disability or
severe mental health issues. The IEP
goals and functional curriculum course work shall be based on the New Mexico
standards with benchmarks and performance standards and employability and
career development standards with benchmarks and performance standards.
Students in this program of study shall earn the minimum number of credits or
be provided equivalent educational opportunities required by the district or
charter school, with course work individualized to meet the unique needs of the
student through support of the IEP. In
addition, a student shall take either the current state graduation
examination(s) administered pursuant to Section 22-13-1.1(K) NMSA 1978, under
standard administration or with state-approved accommodations, or the
state-approved alternate assessment. The
student shall achieve a level of competency pre-determined by the student's IEP
team on the current graduation examination or the state-approved alternate
assessment, and meet all other graduation requirements established by the IEP
team.
(c) The new requirements for the career
readiness and ability pathways become effective beginning with students
graduating in 2009.
(d) By the end of the eighth grade, each
student's IEP shall contain a proposed individual program of study for grades
nine through twelve. The program of
study shall identify by name all course options the student may take and shall
align with the student's long-range measurable post-secondary goals and
transition services to facilitate a smooth transition to high school and
beyond. This program of study shall be
reviewed on an annual basis and adjusted to address the student's strengths,
interests, preferences and areas of identified educational and functional
needs. The IEP team shall document on
the IEP the student's progress toward earning required graduation credits and
passing the current graduation examination.
(e) A district or charter school shall provide
each student, who has an IEP and who graduates or reaches the maximum age for
special education services, a summary of the student's academic achievement and
functional performance, which shall include recommendations on how to assist
the student in meeting post-secondary goals.
(f) Students graduating on the standard
program of study shall meet the state's minimum requirements on all sections of
the graduation examination. IEP teams
shall document a plan of action on the IEP and the PWN to be carried out by
both the student and the district or charter school, to ensure that the student
will pass all sections of the graduation examination.
(g) To establish a level of proficiency on the
current graduation examination or the state-approved alternate assessment for
students on a career readiness program of study or ability program of study,
IEP teams shall review the student's performance on the first attempt, and
establish a targeted proficiency on all sections that are below the state's
minimum requirement. For those students
who meet participation criteria for the New Mexico alternate assessment, IEP
teams shall set targeted levels of proficiency based upon previous performance
on the test. If the student has
previously been administered the New Mexico alternate assessment and has
achieved an advanced level of overall performance, the IEP team shall arrange
for the student to participate in the general graduation examination, and shall
identify appropriate accommodations that the student may require. IEP teams shall document the targeted levels
of proficiency on the IEP and the PWN, outlining the plan of action to be taken
by both the student and the district or charter school to ensure that the
student will meet the targeted levels of proficiency. Districts or charter schools may submit a
written request for a waiver to the secretary in cases where a student has
medical or mental health issues that may result in regression or that
negatively influence the student's ability to achieve targeted levels of
proficiency. The written request shall
be signed by the superintendent or charter school administrator and shall
include documentation of the medical or mental health issues.
(h) Changes in programs of study.
(i) Departures from the standard program of
study for students receiving special education services and supports shall be
considered in the order of the options listed in Subparagraph (b) of Paragraph
(13) of Subsection 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 career readiness or ability programs of study,
shall notify parents and students of the potential consequences that may limit
the student's post-secondary options, and shall make required changes to the
IEP and course of study, to ensure that the student meets the requirements of
that program of study.
(iii) The IEP team shall not
change the program of study for a student entering the final year of high
school from the standard program of study to the career readiness program of
study, nor from the career readiness program of study to the ability program of
study, after the 20th school day of the final year of high school. IEP teams may change a student's program of
study from the ability program of study to the career readiness program of
study, or from the career readiness program of study to the standard program of
study, if the student meets the graduation requirements of that program of
study and if the change is made and documented appropriately in a revised IEP
and PWN by a properly constituted IEP team in a properly convened meeting.
(iv) Beginning
with students entering the 10th grade, districts and charter schools shall
maintain an accurate accounting of graduation programs of study for students
with IEPs. Districts and charter schools
shall ensure that 80% or more of students with IEPs are in the standard program
of study, no more than 10 - 15% of
students with IEPs shall graduate in the career readiness program of study, and
no more than 1- 3% of students with IEPs shall graduate in the ability program
of study. Districts or charter schools
exceeding the above maximum percentages shall submit a request for a waiver
regarding each student affected. The
request for waiver shall include the district name, the high school name, a
list of all students on the alternate program of study exceeding the maximum
percentage (including student demographics, unique student identifiers and the
justification for changing each student's program of study). The waiver request shall be signed and
submitted by the superintendent or charter school administrator to the
secretary.
(i) A student who receives special education
services may be granted a conditional certificate of transition in the form of
a continuing or transition IEP when:
(i) the
IEP team provides sufficient documentation and justification that the issuance
of a conditional certificate of transition for an individual student is
warranted;
(ii) prior
to the student's projected graduation date, the IEP team provides a PWN stating
that the student will receive a conditional certificate of transition;
(iii) the
district or charter school ensures that a conditional certificate of transition
is not a program of study and does not end the student's right to a FAPE;
(iv) the district or charter
school ensures that a conditional certificate of transition entitles a student
who has attended four years or more of high school to participate in graduation
activities, and requires that the student continue receiving special education
supports and services needed to obtain the high school diploma;
(v) the
district or charter school ensures that, prior to receiving a conditional
certificate of transition, the student has a continuing or transition IEP;
(vi) the
student's continuing or transition IEP outlines measures, resources and
specific responsibilities for both the student and the district or charter
school to ensure that the student receives a diploma.
(j) A student who does not return to complete
the program of study as outlined in the continuing or transition IEP will be
considered as a dropout.
(k) A student who receives a conditional
certificate of transition is eligible to continue receiving special education
services until receipt of a diploma or until the end of the academic year in
which the student becomes 22 years of age.
(l) Graduation plans shall be a part of all
IEPs:
(i) by the end of eighth
grade, or by the time the student turns 14 years of age, and concurrent with
the development of the student's transition plan in accordance with federal
regulations at 34 CFR 300.320;
(ii) when
a student returns to a school after an extended absence, and if an IEP program
of study may have been developed but needs to be reviewed; or
(iii) when
evaluations warrant the need for a modified program of study at any time after
development of an initial graduation plan.
(m) Graduation plans shall be a part of all of
all IEPs and annual reviews, and shall follow the student in all educational
settings. Receiving institutions that
fall under the department's jurisdiction will recognize these graduation plans,
subject to revision by new IEP teams, if appropriate to meet a student's
changing needs.
(n) At the exit IEP meeting, the team shall
review the student's transition plan, and shall confirm and document that all
state and district requirements for graduation under the final IEP have been
satisfied. A building administrator who
has knowledge about the student shall be a member of this team, and shall sign
specifically to verify and accept completed graduation plans, goals and
objectives pursuant to (i) - (iii) of Subparagraph (b) of Paragraph (13) of
Subsection 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 career readiness or ability program of
study to the local superintendent or charter school administrator, using the
students' identification numbers. This
list shall be totalled and submitted to the local school board or governing
body of a charter school. This information
shall be treated as confidential in accordance with the FERPA.
(o) Students eligible for special education
services are entitled to a FAPE through age 21.
If a student turns 22 during the school year, the student shall be
allowed to complete the school year. If
a student becomes 22 prior to the first day of the school year, the student is
no longer eligible to receive special education services.
(p) The receipt of a diploma terminates the
service eligibility of students with special education needs.
(q) All diplomas awarded by a school district
or charter school shall be identical in appearance, content and effect, except
that symbols or notations may be added to individual students' diplomas to
reflect official school honors or awards earned by students.
(14) Future changes in graduation
requirements. Refer to 6.29.1.13 NMAC.
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 EPSS.
The indicators are community representation, local accountability
indicators and statewide accountability indicators.
(2) Accountability mechanisms.
(a)
Accreditation. Accreditation will
be conducted in accordance with Subsection F of Section 22-2-2 NMSA 1978. Verification of the district or charter
school's EPSS and student progress will occur on a regular basis. State and federal regulations which fall
within the scope of accreditation will also be monitored.
(b) Program/budget review and approval. The program/budget review and approval
process, including assessment and evaluation, occurs annually. Its purpose is to link the district or
charter school's program needs directly with budgetary resources. In order for a district or charter school to
obtain an approved budget, the district shall:
(i) document
the local board or charter school governing body's determination of needs as
defined in its EPSS (Section 22-8-18 NMSA 1978);
(ii) document
minimum budget requirements (Section 22-8-9 NMSA 1978);
(iii) document parent
involvement in budget preparation (Section 22-8-11 NMSA 1978);
(iv) complete
the annual program/budget questionnaire; and
(v) comply with
requirements specified in Section 22-8-5 NMSA 1978.
(3) Accountability indicators.
(a) Community representation. Community representatives shall be involved
in the budget preparation process, the EPSS process, the EPSS evaluation
(including the establishment of local student performance indicators) and the
accreditation process. Community
representatives include parents, students and other community members who
reflect the composition of the student population. Evidence shall be provided to verify
different forms of representation.
(b) Local student performance indicators. Local student performance indicators shall:
(i)
be identified by the local school district or
charter school in conjunction with students, parents, community members and
businesses;
(ii) be
part of the local EPSS evaluation;
(iii) measure and
demonstrate student progress toward the New Mexico content standards with
benchmarks and performance standards;
(iv) demonstrate
student progress toward identified EPSS goals/focus areas (performance
indicators);
(v) be
included as an integral part of the accreditation and program/budget review
processes; and
(vi) use
any other indicators the district or charter school shall choose for its
students.
(c) Statewide student performance
indicators. Statewide student
performance indicators shall:
(i) be included as
an integral part of the accreditation and program/budget review processes;
(ii) be
part of the local EPSS evaluation;
(iii) measure
and demonstrate student progress toward the New Mexico content standards with
benchmarks and performance standards;
(iv) communicate
clearly to parents and the general public the students' progress toward meeting
the goals established by the district and school, or charter school; and
(v) describe
performance levels across the grade levels and across the curriculum.
L. Statewide student assessment
system. As stated in 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 New
Mexico standards-based assessments (SBA) and local measures. All public schools, state educational
institutions and educational programs conducted in state institutions other
than New Mexico military institute, as noted in the scope of this rule, shall
participate in the statewide student assessment system.
(1) The statewide student assessment
system. All public school students, with
the exceptions indicated below, shall participate in the SBA, which includes
standards-based assessments in grades 3 through 8 and grade 11 and other tests,
including short-cycle assessments in grades 9 and 10.
(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's language assessment instrument (the New Mexico
English language proficiency assessment - NMELPA)] shall participate in the
statewide testing 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: If the student has not been in the school for
a full academic year at the time of testing, the student's test results will
not be included in the performance data used to determine the AYP of the
school. Students who are enrolled for
the first year in a U.S. school may receive a language exemption from the SBA
for the reading subtest only. In this situation, the student's score on the
NMELPA, if available, will be substituted for the reading subtest and will
count toward the district or school's required 95% participation rate. If this option is chosen for a student, the
language exemption for reading only indicator shall be completed on the SBA's
student biogrid sheet. In all other
content areas of the SBA, 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 on the student
biogrid sheet. Students who have been in
U.S. schools for 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. Locally
developed portfolio assessments are not permitted, under the terms of federal
law.
(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
waiver request to continue the testing of the student in the home language of
Spanish 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 take the form of a
memorandum that includes: student name,
student state identification number, school in which the student is currently
enrolled, student's grade level, student's English language proficiency scores
(from the NMELPA) and date(s) of most recent NMELPA administration, 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 eleventh grade SBA (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
eleventh grade SBA. 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 eleventh grade SBA
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 eleventh grade SBA.
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, and at least once per
month during the remainder of the school year;
(b) two of these
drills shall be shelter-in-place drills;
(c) one of these drills shall be an evacuation drill;
(d) nine of these
drills shall be fire drills, with one fire drill required each week during the
first four weeks of school;
(e) 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;
(f) 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 B 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]
6.29.1.10 WAIVERS:
A. To obtain a waiver from the
department for procedural or program requirements, a district superintendent or
the administrator of a state-chartered charter school shall submit a request to
the secretary, in the manner required by the department, with justification for
the change. The request and the response
shall be kept on file by the district or charter school and the department, and
these records shall be available for review by the public.
B. The secretary may waive a graduation
requirement for a student based upon the written request of the superintendent
or the administrator of a state-chartered charter school, using the
department’s graduation waiver request form.
This form shall include: name of superintendent; district/school; mailing
address; phone; fax; email address; name of a secondary contact person
including the same information; date of submission; local board policy
requirement and approval, if required; date of board approval; statement of
applicable district or charter school policy and rationale for request.
C. No other waivers of provisions of
the Public School Code shall be permitted unless authorized by law.
[6.29.1.10 NMAC - N, 6-30-2009]
6.29.1.11 PROGRAM REQUIREMENTS:
A. Curriculum.
(1) Local curricula shall be aligned with the
applicable New Mexico content standards with benchmarks and performance
standards. In accordance with Section
22-13-1.6 NMSA 1978, each school district shall align its curricula to meet the
state standards for each grade level and subject area so that students who
transfer between public schools within the school district receive the same
educational opportunity within the same grade or subject area. Each school district's aligned grade level
and subject area curricula shall be in place for mathematics by the 2009-2009
school year.
(2) Adopted instructional materials shall
support the aligned local curricula. The
state standards revision cycle, the local curriculum cycle and the
instructional materials cycle shall be aligned and sequenced to provide
standards-based curricula that are supported by aligned instructional
materials. At the completion of each
standards revision cycle, the standards-based state assessment program shall be
reviewed to determine the need for realignment.
(3) All courses offered for credit shall have
written, delivered, assessed and sequential curriculum.
(4) Written and delivered curricula shall be
congruent, state what students should know and be able to do, and include an
assessment process.
(5) The curricula shall be assessed as part of
the EPSS process.
(6) The curricula shall support the EPSS.
B. Subject areas. The district or charter school shall be in
compliance with subject area requirements as specified in Section 22-13-1 NMSA
1978.
(1) The department shall require instruction
in specific subject areas as provided in Paragraphs (2) through (7) of
Subsection B of 6.29.1.11 NMAC. Any
public school or school district failing to meet these minimum requirements
shall not be accredited by the department.
(2) All kindergarten through third grade
classes shall provide daily instruction in reading and language arts skills,
including phonemic awareness, phonics and comprehension; and in mathematics. Students in kindergarten and first grades
shall be screened and monitored for progress in reading and language arts
skills, and students in second grade shall take diagnostic tests on reading and
language arts skills.
(3) All first, second and third grade classes
shall provide instruction in art, music and a language other than English, and
instruction that meets content standards, benchmarks and performance standards
shall be provided in science, social studies, physical education and health
education.
(4) In fourth through eighth grades,
instruction that meets academic content and performance standards shall be
provided in the following subject areas:
(a) reading and language arts skills, with an
emphasis on writing and editing for at least one year and an emphasis on
grammar and writing for at least one year;
(b) mathematics;
(c) a language other
than English;
(d) communication
skills;
(e) science;
(f) art;
(g) music;
(h) social studies;
(i) New Mexico history;
(j) United States history;
(k) geography;
(l) physical
education; and
(m) health education.
(5) In eighth grade, algebra I shall be
offered in regular classroom settings, through online courses or agreements
with high schools.
(6) In fourth through eighth grades, school districts
and charter schools shall offer electives that contribute to academic growth
and skill development, and provide career and technical education.
(7) In ninth through twelfth grades,
instruction that meets academic content and performance standards shall be
provided in health education.
(8) 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 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 Act (Sections 22-23-1 through 6
NMSA 1978) and the Bilingual Education Regulation (Sections 6.32.2.7 through
6.32.2.11 NMAC);
(2) be implemented in
accordance with the identified needs of qualifying culturally and
linguistically different students and ensure equal educational opportunities;
(3) be assessed as
part of the EPSS process; and
(4) support the local
curriculum and EPSS.
D. Career and technical education
(CTE). Career and technical education
programs for both elementary and secondary levels shall:
(1) be in accordance
with Section 22-14-1 through 22-14-30 NMSA 1978 and the Carl Perkins Act;
(2) provide exploratory and skill development
program offerings;
(3) ensure students'
mastery of the New Mexico career and technical education content standards with
benchmarks and performance standards;
(4) include competency-based applied learning;
(5) be assessed as
part of the EPSS process; and
(6) support the local
curriculum and the EPSS.
E. School health. School health programs provide opportunities
for all students to develop healthy behaviors.
Districts and charter schools shall provide or make provisions for school
health programs that address the health needs of students and staff. Districts and charter schools shall provide
the following programs: health
education, physical education, health services and school counseling. Additional programs may include: nutrition,
staff wellness, family-school-community partnerships, healthy environment and
psychological services. These programs
shall:
(1) be in accordance
with Section 22-10A-34 and Section 24-5-1 through 24-5-6 NMSA 1978;
(2) provide education and skill development
program offerings;
(3) provide community partnerships which help
to achieve the goal of healthy students and staff;
(4) be assessed as
part of the EPSS process; and
(5)
support the local curriculum and EPSS.
F. Special education. Special education is specially-designed
instruction that is provided at no cost to parents to meet the unique needs of
a student with a disability, as defined in the IDEA regulations (34 CFR Part
300 and state special education regulations (6.31.2 NMAC). Special education programs shall:
(1) provide
specially-designed instruction in career and technical education and travel training
for students whose IEPs require such services;
(2) provide
instruction to students placed on homebound services as per their IEP; and
(3) provide
instruction in state-supported educational programs, hospitals, institutions
and other settings. As set forth in the
state special education regulations at Paragraph (15) of Subsection C of
6.31.2.7 NMAC, special education may include speech-language pathology services
consisting of specially-designed instruction that is provided to enable a
student with a disability, as recognized under IDEA, to have access to the
general curriculum and to meet the educational standards of the public agency
that apply to all children;
(4) provide instruction, in accordance with
Section 22-13-1 (D) NMSA 1978, for the unique needs of gifted and talented
students;
(5) be assessed as
part of the EPSS process; and
(6) support the local
curriculum and EPSS.
G. Supplemental programs. Programs which supplement, but do not
replace, state operational programs may include, but are not limited to: Title I - Improving the Academic Achievement
of the Disadvantaged (NCLB); Title II - Preparing, Training and Recruiting High
Quality Teachers and Principals (NCLB); Title III - Language Instruction for
Limited English Proficient and Immigrant Students (NCLB); Title IV, Part A -
Safe and Drug Free Schools and Communities (NCLB); Title V - Promoting Informed
Parental Choice and Innovative Programs (NCLB);
Title VI - Flexibility and Accountability (NCLB), Title VII - Indian,
Native Hawaiian and Alaska Native Education (NCLB), Title VIII - Impact Aid
Program (NCLB), the Johnson-O'Malley Act and Individuals with Disabilities Education
Improvement Act (IDEA, 2004).
Supplemental programs shall:
(1) provide services
as required by federal laws and assurances, including Title VI of the Civil
Rights Act of 1964 and the Equal Educational Opportunities Act (EEOA) of 1974;
(2) be assessed as
part of the EPSS process; and
(3) support the local
curriculum and EPSS.
H. Support services. Districts and charter schools shall provide
support service programs which strengthen the instructional program. Required support service programs are: library media, school counseling and health
services. Support services shall:
(1) have a written,
delivered and assessed program, K-12;
(2) provide licensed staff to develop and
supervise the program;
(3) be assessed as
part of the EPSS process; and
(4) support the local
curriculum and EPSS.
I. Technology in education. The Technology for Education Act establishes
a fund and a system for equal distribution of funds based upon final funded
student membership within each school district and charter school. The Technology for Education Act requires annual
review and approval of each school district and charter school's educational
technology plan, through which every school district and charter school reports
to the department the fiscal distributions received, expenditures made and
educational technology obtained by the district or charter school, and other
related information. As districts and
charter schools develop, refine and implement strategic long-range plans for
utilizing educational technology, each plan shall:
(1) be in accordance
with Section 22-15A-10 NMSA 1978;
(2) be assessed as
part of the EPSS process; and
(3) support the local
curriculum and EPSS.
[6.29.1.11 NMAC - Rp, 6.30.2.11 NMAC,
6-30-2009]
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.
