TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 10 PUBLIC SCHOOL ADMINISTRATION - PROCEDURAL
REQUIREMENTS
PART 5 SCHOOL CALENDAR REQUIREMENTS
6.10.5.1 ISSUING AGENCY: Public Education Department
[12-31-98, 07-30-99; 6.10.5.1 NMAC
- Rn, 6 NMAC 11.4.1,
12-29-00; A, 11-13-09]
6.10.5.2 SCOPE: This rule applies to school districts and
charter schools.
[12-31-98; 6.10.5.2 NMAC - Rn, 6 NMAC 11.4.2, 12-29-00; A,
11-13-09]
6.10.5.3 STATUTORY AUTHORITY: This rule is promulgated pursuant to Sections
9-24-8, 22-2-1, 22-2-2, 22-2-8.1 and 22-22-1 et seq. NMSA
1978.
[12-31-98; 6.10.5.3 NMAC - Rn, 6 NMAC 11.4.3, 12-29-00; A,
11-13-09]
6.10.5.4 DURATION: Permanent
[12-31-98; 6.10.5.4 NMAC - Rn, 6 NMAC 11.4.4, 12-29-00]
6.10.5.5 EFFECTIVE DATE: December 31, 1998, unless a later date is
cited at the end of a section.
[12-31-98; 6.10.5.5 NMAC - Rn, 6 NMAC 11.4.5, 12-29-00]
6.10.5.6 OBJECTIVE: This rule establishes criteria for
establishing a variable school calendar pursuant to the Variable School Calendar
Act (Sections 22-22-1 to 22-22-6 NMSA 1978) and for
determining a school year.
[12-31-98; 6.10.5.6 NMAC - Rn, 6 NMAC 11.4.6, 12-29-00; A,
11-13-09]
6.10.5.7 DEFINITIONS:
A. “Condensed year calendar” means a
calendar for a school district, school or charter school operating on a
four-day schedule each week.
B. “Department” means the public
education department.
C. “Local board” means a board of
education of a school district or a governing body of a charter school.
D. “Secretary” means the secretary of
the New Mexico public education department.
E. “Variable school calendar” means a
calendar for a school district, school or charter school operating on a 10, 11
or 12-month period or portions thereof in excess of nine months, which permits
student attendance on a staggered schedule.
[6.10.5.7 NMAC - N, 11-13-09; A,
03-31-10]
6.10.5.8 REQUIREMENTS: While department approval is not required,
any local board planning to operate under a condensed year or variable school
calendar shall justify a decision to implement such a calendar based upon the
results of public input and other considerations as set forth in this section.
A. Approval procedure: To operate under
a condensed year or variable school calendar, the local board shall, at a duly
noticed public meeting held prior to the condensed year or variable school
calendar’s implementation date, declare in a detailed written resolution its
intention to operate under a condensed year or variable school calendar.
(1)
The local board's approval procedure shall include the following:
(a) an identification of the
schools, by grade level, to be operated under the calendar;
(b) public input at a public
meeting on how student and school achievement and financial issues would be
impacted by the proposed condensed year or variable school calendar;
(c) public input at a public
meeting on the anticipated impact of the proposed condensed year or variable
school calendar upon the school district, charter school, family and community;
(d) public input at a public
meeting on the impact of the proposed condensed year or variable school calendar
on: facilities, capital needs, operational budget, transportation services,
personnel needs, staffing patterns, and instructional programs within the
school district or charter school;
(e) verification of
substantial community support for implementation of the proposed condensed year
or variable school calendar; and
(f) public input at a public
meeting on how the proposed condensed year or variable school calendar will
ensure that a school year will consist of the minimum number of full
instructional days required by Paragraphs (1) and (2) of Subsection B of
6.10.5.8 NMAC.
(2) Any resolution adopted by
the local board to implement a condensed year or variable school calendar shall
contain an assurance that each of the criteria set forth in Subsection A of
6.10.5.8 NMAC have been satisfied.
B. Length of school day beginning with
the 2011-2012 school year:
(1) Beginning with the
2011-2012 school year, school districts and charter schools operating under a
condensed year calendar shall operate under a calendar consisting of at least
150 full instructional days per year exclusive of lunch and any release time
for in-service training. Specifically,
students shall be in school-directed programs, exclusive of lunch, for a
minimum of the following:
(a) if in kindergarten for
half-day programs, three hours per day or for full-day programs six hours and
thirty-six minutes per day;
(b) if in grades one through
six, six hours and thirty-six minutes per day; and
(c) if in grades seven through
twelve, seven hours and 12 minutes per day.
(2) Beginning with the 2011-2012 school year,
school districts and charter schools that operate on a regular or variable
calendar, shall operate under a calendar consisting of at least 180 full
instructional days per year exclusive of lunch and any release time for
in-service training. Specifically,
students shall be in school-directed programs, exclusive of lunch, for a
minimum of the following:
(a) if in kindergarten for
half-day programs, two and one-half hours per day or, for full-day programs,
five and one-half hours per day;
(b) if in grades one through
six, five and one-half hours per day; and
(c) if in grades seven through
twelve, six hours per day.
(3) School
districts and charter schools may establish a school year or length of school
days in excess of the minimum requirements established in this section provided
that they do so only after holding a duly noticed public meeting at which
public input is permitted. Charter
schools shall not be required to obtain permission from their authorizer to
extend their school year or length of school days but shall provide them with
written notice of the proposed change prior to implementation. Budget implications should be carefully
addressed when consideration is given to exceeding the minimum requirements.
C. Days or parts of days that are lost
to weather where that weather-related loss exceeds two hours, or lost to
in-service training or lost to other events that are not school-directed
programs shall be made up so that students receive a full instructional school
year.
D. Upon approval of scheduling by the
school principal, teachers may:
(1) use up to 33 hours of the
full-day kindergarten program for home visits or for parent- teacher
conferences;
(2) use up to 22 hours of
grades one through six programs for home visits or for parent- teacher
conferences;
(3) use up to 12 hours of grades seven through 12
for consultation with parents or to develop student next-step plans.
E. Length of school
day requirements during the 2010-2011 school year shall be satisfied by
complying with the minimum requirements set forth in Section 22-2-8.1, NMSA 1978 as they existed in law prior to the 2009 changes
that contained a delayed-year effect.
School districts and charter schools may, however, voluntarily commence
complying with the new requirements set forth in Subsection B of 6.10.5.8 NMAC above.
F. The secretary may, on a case by
case basis, waive the minimum length or number of school days where such
minimums would create undue hardships provided that the school year is adjusted
to ensure that students in the requesting school district or charter school
receive the same total instructional time as students in the same grade
elsewhere in the state. A hardship shall
include but not be limited to:
(1) severe and prolonged acts
of nature that render travel dangerous or impractical;
(2) natural disasters that
affect a community after which rescue, repair and grieving are critical to the
community’s recovery;
(3) community or statewide
health emergencies as where warnings about pandemics or epidemics have been
issued by the department of health or the department;
(4) the passing or prolonged
illness of key school staff;
(5) violent or other disruptive
acts committed on school property that necessitate a lockdown or closure of a
school.
G. No waiver request need be made to the secretary where, if
based upon hardship, a school district or charter school declares a
district-wide or school delay of two hours or less.
[12-31-98; 6.10.5.8 NMAC - Rn, 6 NMAC 11.4.8, 12-29-00; A,
11-13-09; A, 03-31-10]
6.10.5.9 TEMPORARY PROVISION: Due to the passage of Laws 2010, Chapter 68
during the 2010 second session of the 49th legislature which finds that school districts
need flexibility to meet state fiscal solvency requirements, for the 2009-2010
through 2011-2012 school years, the secretary may waive requirements in the
Public School Code and corresponding rules pertaining to the length of school
day.
A. No waiver under this provision may
be granted or acted upon prior to May 19, 2010.
B. No waiver granted pursuant to this provision may extend
beyond the end of the 2011-2012 school year.
C. The department shall monitor the
issuance or denial of any such waivers.
D. The secretary shall report to the
legislative education study committee and the legislative finance committee on
any issues or actions of a school district that appear to adversely affect
student learning.
[6.10.5.9 NMAC - N, 03-31-10]
HISTORY OF 6.10.5 NMAC:
PRE-NMAC HISTORY:
The material in this regulation was derived from that previously filed
with the State Records Center and Archives under State Board of Education
Regulation 93-24, Variable School Calendar Application, Review and Reporting Process,
filed March 3, 1994; and
State Board of Education Regulation 92-3, Variable
School Calendar Application, Review and
Reporting Process, filed April 3, 1992.
