Advanced Search

6.19.6NMAC


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
TITLE 6               PRIMARY AND SECONDARY EDUCATION

CHAPTER 19     PUBLIC SCHOOL ACCOUNTABILITY

PART 6                 TITLE I SUPPLEMENTAL

EDUCATIONAL SERVICES

 

6.19.6.1                 ISSUING AGENCY:  Public Education Department

[6.19.6.1 NMAC - N, 08/15/05]

 

6.19.6.2                 SCOPE:  This rule applies to all school districts,

public schools, including charter schools, and all state-approved supplemental

educational services providers who offer or plan to offer such services in New

Mexico.

[6.19.6.2 NMAC - N, 08/15/05]

 

6.19.6.3                 STATUTORY AUTHORITY:  Sections 22-2-1, 22-2-2, 22-9-3, 22-9-15 NMSA

1978; 20 U.S. Code Section 6316; 34 Code of Federal Regulations Part 200.

[6.19.6.3 NMAC - N, 08/15/05]

 

6.19.6.4                 DURATION:  Permanent

[6.19.6.4 NMAC - N, 08/15/05]

 

6.19.6.5                 EFFECTIVE DATE:  August 15, 2005, unless a later date is cited

at the end of a section.

[6.19.6.5 NMAC - N, 08/15/05]

 

6.19.6.6                 OBJECTIVE:  This rule establishes requirements for:

                A.            supplemental

educational services providers who seek to use incentives as a method of

promoting selection of their services by parents of eligible children;

                B.            allowable

rewards to students to reward attendance, continued participation and

achievement related to the supplemental educational services;

                C.            establishing

a range of hourly per student rates a provider may charge a school district;

                D.            establishing

a sliding hourly fee schedule a provider may charge a school district based on

the education level of the tutors being used by the supplemental educational

services provider;

                E.            implementation

of basic program parameters and required assessments;

                F.            provision

of on-site audits conducted by eligible school districts and the department;

                G.            establishing

that all supplemental educational services providers and eligible school

districts will submit all relevant student data; and

                H.            removal

of providers from approved list.

[6.19.6.6 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]

 

6.19.6.7                 DEFINITIONS:

                A.            “Department”

means the public education department.

                B.            “Eligible

child or eligible children” means a child or children from low income families

as determined by a school district, public school, or charter school for the

purposes of allocating federal funds made available under Title I of the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as

amended.

                C.            “Incentives”

means any goods, facilities, services, gifts, coupons, discounts, rebates, or

cash offered or given to anyone by or on behalf of a supplemental educational

services provider to promote selection of their services by parents or

guardians of eligible children.

                D.            “Removal”

means deleting the provider from the list of state-approved supplemental

educational services providers.

                E.            “Rewards”

means an acceptable classroom incentive with no redeemable monetary value to an

eligible child or that child’s parent or guardian and that is offered to an

eligible child only as a reward for attendance, continued participation, or

achievement related to a provider’s services.

                F.            “Supplemental

educational services” means tutoring and other supplemental academic enrichment

services that are in addition to instruction provided during the school day and

are of high quality, research-based, and specifically designed to increase the

academic achievement of eligible children on required academic assessments and

attain proficiency in meeting the state’s academic achievement standards.

                G.            “Tutor

to student ratio” means the established number of students a tutor may provide

supplemental educational services to at one time.

[6.19.6.7 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]

 

6.19.6.8                 REQUIREMENTS:

                A.            All

school districts, public schools, including charter schools and all

state-approved supplemental educational services providers who offer or plan to

offer supplemental educational services in New Mexico, shall offer an initial

enrollment period of at least ten (10) working days.

                B.            Supplemental

educational services providers shall not directly or indirectly use incentives

as a method of promoting selection of their services by parents or guardians of

eligible children.  Provided, however,

that rewards may be offered to eligible children:

                    (1)    

to reward attendance, continued participation, or achievement related to

a provider’s services;

                    (2)    

if the reward has no redeemable monetary value to the eligible child or

his parent/guardian and is otherwise consistent with accepted classroom

incentives, such as pizza parties, ice cream parties, school supplies having

nominal value, or the opportunity to order discounted instructional material

for the eligible child’s personal use; and

                    (3)    

parents or guardians of an eligible child or children consent to the

offering of such incentives.

                C.            Beginning

school year 2011-2012, all providers of supplemental educational services shall

charge an hourly per pupil rate between $25.00 per hour and $65.00 per hour.

Beginning in school year 2012-2013 all providers of supplemental educational

services shall charge an hourly per pupil rate between $25.00 per hour and

$45.00 per hour.

                D.            All

school districts, public schools, including charter schools and all

state-approved supplemental educational services providers who offer or plan to

offer supplemental educational services in New Mexico, shall adhere to the

following requirements:

                    (1)    

Each supplemental educational services provider must use a sliding

hourly fee schedule when invoicing eligible school districts for services

rendered.  The sliding hourly fee

schedule shall compart as follows:

                             

(a)     A supplemental educational services

provider may charge the eligible school district its full hourly amount if the

tutor has a valid teaching license or a four year degree or greater from an

accredited university or college, and the per pupil cap will not be ratably

reduced based on the education level of the tutor providing supplemental

educational services.

                             

(b)     A supplemental educational services

provider may charge the eligible school district eighty-five percent of its

hourly amount if the tutor has less than a four year degree, but more than an

associates of arts degree, or its equivalent of forty-eight (48) credit hours,

from an accredited post secondary institution, and the per pupil cap will be

ratably reduced by fifteen percent based on the education level of the tutor

providing supplemental educational services.

                             

(c)     A supplemental educational services

provider may charge the eligible school district seventy-five percent of its

hourly amount if the tutor has less than an associates of arts degree, or its

equivalent of forty-eight (48) credit hours, from an accredited post secondary

institution but more than a high school diploma, and the per pupil cap will be

ratably reduced by twenty-five percent based on the education level of the

tutor providing supplemental educational services.

                    (2)    

Invoices submitted by supplemental educational services providers must

accurately reflect the tutor to student ratio of the tutoring session and the

qualifications of the tutor providing services. 

The invoiceable tutor to student ratios shall compart as follows:

                             

(a)     A supplemental educational services

provider that maintains a tutor: student ratio of one tutor to three students

or less may charge the eligible school district the full hourly amount based on

tutor qualifications.

                             

(b)     A supplemental educational services provider

that maintains a tutor to student ratio of one tutor to four students, one

tutor to five students, or one tutor to six students may charge the eligible

school district eighty-five percent of its hourly amount based on tutor

qualifications.

                              (c)     A supplemental

educational services provider that maintains a tutor to student ratio of one

tutor to seven students or greater may only charge the eligible school district

fifty percent of its hourly amount based on tutor qualifications.

                E.            In

its application, each provider of supplemental educational services shall

include documentation, as prescribed by the department, that the tutoring

services to be offered are consistent with instructional program by the school

district or charter school whose students the provider intends to serve. The

department may consult with the school district or charter school to determine

whether an applicant has met this requirement.

                F.            A

district may, prior to entering into agreement with approved supplemental

educational service providers, require providers to participate in training

designed to assist providers in providing services consistent with the

district’s instructional program.

                G.            Each

student who is enrolled in supplemental educational services must have a

student improvement plan, with goals relating to academic improvement based on

state standards and consistent with the local district instructional program in

place and approved by parents or guardians, appropriate school personnel and

chosen supplemental educational services provider before any invoice for

services rendered may be paid.

                H.            Each

student who is enrolled with an approved supplemental educational services

provider must be pre-and post-tested, with an instrument approved in the

supplemental educational services provider application to the department.  Students must be pre-tested in order to

determine student achievement goals. 

Students must be post-tested when they have completed the program to

document progress.

                I.             Parents

or guardians, and appropriate school personnel must be notified of student

progress in a format that is easily understandable.

                J.             Eligible

school districts must conduct on-site audits of supplemental educational

services providers.

                K.            The

department will conduct on-site audits of supplemental educational services

providers and eligible school districts.

                L.            Each

eligible school district and supplemental educational services provider will

collect and submit all relevant student data to the department or its

authorized contractor upon request.

                M.           For

the 2012-13 school year, all existing and interested supplemental educational

services providers must submit an application to become a supplemental

educational services provider.

                N.            If

a supplemental educational services provider is removed from the approved list,

the supplemental educational services provider must wait a minimum of two years

before they may reapply to become a supplemental educational services provider

in the state of New Mexico.

[6.19.6.8 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]

 

6.19.6.9                 UNFAIR PRACTICES:  Supplemental educational services funds are

funds that have been provided by grant to the department.  The department disburses these funds to

school districts and charter schools for purposes of reimbursing providers for

services performed pursuant to professional services contracts entered into

between districts and providers.  The

department is not a party to contracts between districts and providers. For

purposes of performing supplemental educational services and as a condition of

receipt of these public funds, it shall constitute an unfair practice for

providers to offer or provide any incentive other than those allowed by this

rule or to recruit in a way that is not in accordance with established

guidelines and the policies of this rule.

                A.            School

districts or charter school employees who learn that a supplemental educational

services provider has offered to or actually provided an incentive other than

those allowed by this rule, shall:

                    (1)    

promptly notify the provider in writing to cease and desist this

practice immediately,

                    (2)    

promptly notify any parent or guardian that any incentive other than

those allowed by this rule may not be offered by a provider and may not be

accepted by the parent or guardian, and

                    (3)    

notify the department in writing if a provider fails or refuses to cease

or desist in offering or providing non-allowed incentives.

                B.            The

department upon receiving a written notification under this section or upon

receiving a complaint from any other sources, may, after verifying such

offering:

                    (1)    

notify the provider in writing to cease and desist this practice immediately

because any incentive other than those allowed by this rule may not be offered

by a provider nor accepted by the parent or guardian;

                    (2)    

notify parents or guardians that any incentive other than those allowed

by this rule may not be offered by a provider and may not be accepted by the

parent or guardian;

                    (3)    

notify appropriate authorities of suspected conduct that may constitute

soliciting or receiving illegal kickbacks in whole or in part with public money.

                C.            School

district administrators or charter school administrators may not hold a

position or work on behalf of any supplemental educational services provider

unless the school district, school or charter school is an approved

supplemental educational services provider.

                D.            If

a school district or charter school employee learns that a supplemental

educational services provider is recruiting in a way that is not in accordance

with established district guidelines and the policies of this rule, that person

shall:

                    (1)    

promptly notify the provider in writing to cease and desist this

practice immediately; and

                    (2)    

notify the department in writing if a provider fails or refuses to cease

or desist in recruiting in a manner not allowable.

                E.            Eligible

school district personnel may not show favoritism to any supplemental

educational services provider.

[6.19.6.9 NMAC - N, 08/15/05; A, 08/31/06; A, 10/31/11]

 

6.19.6.10               REMOVAL OF PROVIDERS:  Supplemental educational services providers

must strictly adhere to their approved application and the policies of this

rule.  If any provider demonstrates a

pervasive pattern of violating any aspect of their application or any part of

this rule they will be removed from the state approved list of supplemental

education services providers.  Providers

will be removed from the state approved list of supplemental educational

services providers if there are any violations of test security of the New

Mexico standards based assessment.  In addition,

providers will be removed for failing to contribute to the academic improvement

of students as determined by the state evaluation.  Each supplemental educational services

provider that is to be removed may ask for an opportunity to clarify reasons

for dismissal and request an appeal.  A

district or charter school has the option not to enter into a contract with a

supplemental educational services provider who fails to meet the terms of the

contract in the preceding year or does not provide services to eligible

students who have requested their services in the preceding year.

[6.19.6.10 NMAC - N, 08/31/06; A, 10/31/11]

 

HISTORY OF 6.19.6

NMAC:  [Reserved]