New Mexico Register / Volume XXXIV,
Issue 10 / May 31, 2023
NOTICE OF PROPOSED RULEMAKING
Public
Hearing
The
New Mexico Public Education Department (PED) gives notice that it will conduct
a public hearing for the following proposed rulemaking on Thursday, July 6,
2023, from 1:30 p.m. to 2:30 p.m. (MDT) in Mabry Hall, located in the Jerry
Apodaca Education Building, 300 Don Gaspar Ave., Santa Fe, New Mexico 87501:
* New
Rule 6.31.3
NMAC, Gifted and Talented Students
* Amendment to 6.31.2 NMAC, Children with Disabilities/Gifted
Children
*
Amendment to 6.29.1
NMAC, General Provisions
* Repeal
and replace of 6.19.7
NMAC, Demonstration of Competencies for High School Graduation
*
Amendment to 6.12.15 NMAC, COVID-19 School Requirements
The
PED will give a verbal summary statement, on record, at the hearing.
The
purpose of the public hearing is to receive public input on the proposed
rulemaking. Attendees who wish to provide public comment on record will be
given three minutes to make a statement concerning the proposed rulemaking. To
submit written comment, please see the Public Comment section of this notice.
Explanation
of Purpose of Rulemaking, Summary of Text, and Statutory Authority, by Proposed
Rule
6.31.3 NMAC, Gifted
and Talented Students
* Explanation: The purpose of the proposed rulemaking is to establish
new standards for identification and service for gifted students that will
promote best practices for equity and diversity in gifted education.
* Summary:
The proposed new
rule requires LEAs to submit gifted education program plans to the department,
report gifted funding revenue and expenses in the Education Plan, follow more
inclusive identification procedures, provide for annual review of gifted
students’ needs and programming on a gifted individual education plan (GIEP),
and ensure the individual needs of gifted students are met with dispute
resolution processes.
* Statutory
Authority: Sections 9-24-8, 22-2-1, 22-2-2, and 22-13-6.1 NMSA
1978.
6.31.2
NMAC, Children with Disabilities/Gifted Children
* Explanation: The purpose of the
proposed rulemaking is to delete sections about gifted education, which will be
provided for in the proposed new rule, 6.31.3 NMAC, and to make changes related
to the issuance of standard, modified, and ability diplomas.
* Summary:
The proposed repeal and replace of this rule deletes
standards for gifted education. Additionally, the rule is edited to remove
conflicts with the requirements of the Individuals with Disabilities Education
Act (IDEA), related to the federal provision that guarantees children with disabilities
the right to a free appropriate public education (FAPE), after the receipt of a
diploma through the alternative programs of study.
* Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, and 22-13-5 NMSA 1978.
6.29.1 NMAC, General Provisions
* Explanation: The purpose of the proposed rulemaking is to require
schools to implement, self-assess, and report Multi-Layered Systems of Support
(MLSS), and to make changes related to the issuance of standard, modified, and
ability diplomas.
* Summary: The proposed
amendment of this rule adds requirements for MLSS implementation,
self-assessment, and reporting; removes conflicts with the requirements of
IDEA, related to FAPE, after the receipt of a diploma through the alternative
programs of study; updates all references to the annual Education Plan and NM
School DASH; removes the limit of 45 days for classes to be taught by a
substitute teacher; and removes requirements for length of school day to be
promulgated in other rule.
*
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-2C-3, 22-2C-4, 22-5-13, 22-13-1.1, 22-13-14, and 22-13-15
NMSA 1978.
6.19.7 NMAC, Demonstration of Competencies for
High School Graduation
* Explanation: The purpose of the proposed rulemaking is to minimize
requirements for demonstrations of competency and update requirements to match
available assessment instruments, and to make changes related to the issuance
of standard, modified, and ability diplomas.
* Summary: The proposed repeal
and replace of this rule deletes extraneous requirements for demonstrations of
competency and removes conflicts with the requirements of IDEA, related to
FAPE, after the receipt of a diploma through the alternative programs of study.
*
Statutory Authority: Sections 9-24-8,
22-2-1, 22-2-2, 22-2C-4.1, 22-13-1.1, and 22-13-15 NMSA 1978.
6.12.15
NMAC, COVID-19 School Requirements
* Explanation: The purpose of the proposed rulemaking is to align
the rule with the end to the federal and state government COVID-19 public
health order.
* Summary: The proposed
amendment to the rule replaces references to COVID-19 with language that
requires public schools to adhere to public health orders, executive orders,
and department guidance.
*
Statutory Authority: Sections 9-24-8,
22-2-1, and 22-2-2 NMSA 1978.
No
technical information served as a basis for this proposed rule change.
Public
Comment
Interested
parties may provide comment at the public hearing or may submit written
comments by mail or e-mail.
Mailing
Address
Policy
and Legislative Affairs Division
New
Mexico Public Education Department
300
Don Gaspar Avenue, Room 121
Santa Fe, New Mexico 87501
E-Mail Address
Rule.Feedback@ped.nm.gov
Written
comments must be received no later than 5 p.m. (MDT) on Thursday, July 6, 2023.
The PED encourages the early submission of written comments.
Public
Comment Period
The
public comment period is from Tuesday, May 31, 2023, to Thursday, July 6, 2023,
at 5:00 p.m. (MDT). The PED will review all feedback received
during the public comment period and issue communication regarding a final
decision of the proposed rulemaking at a later date.
Copies of the proposed rules may be obtained
from Denise Terrazas at (505) 470-5303 during regular business hours or may be
accessed through the PED Police and Legislative Affairs webpage titled,
“Proposed Rules,” at http://webnew.ped.state.nm.us/bureaus/policy-innovation-measurement/rule-notification/.
Individuals with disabilities who require the
above information in an alternative format or need any form of auxiliary aid to
attend or participate in the public hearing are asked to contact Denise
Terrazas at (505) 470-5303 as soon as possible before the date set for the
public hearing. The PED requires at least 10 calendar days advance notice to
provide any special accommodations requested.