New Mexico Register / Volume XXXIV, Issue 15 / August 15, 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 Tuesday, September 19, 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:

Repeal and Replace of 6.19.8 NMAC, School Differentiation and Support

Amendment to 6.12.11 NMAC, Student Diabetes Management

 

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

 

6.19.8 NMAC, School Differentiation and Support

Explanation: The purpose of the proposed rulemaking is to describe the system of annual differentiation of public schools based on the department’s accountability model and to outline the system of school support based on a multi-year identification cycle.

Summary: The proposed new rule provides for the recognition of high-performing schools and schools that have exited categories of improvement or intervention, and for the designation of schools as needing improvement or intervention. This rule complies with requirements for statewide accountability systems based on challenging academic standards for language arts and mathematics, and for school improvement designations and actions of the department as detailed by the state’s system of annual meaningful differentiation and by the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA).

Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, 22-2C-1 through 22-2C-13, and 22-2F-1 through 22-2F-3 NMSA 1978; 20 USC 6303.

 

6.12.11 NMAC, Student Diabetes Management

Explanation: The purpose of the proposed rulemaking is to update the requirements for the annual diabetes report submitted to the department by school districts and state-chartered charter schools.

Summary: The proposed amendment simplifies reporting requirements for school districts and state-chartered charter schools, includes scanning of continuous glucose monitors in the required training for diabetes care personnel, adds the statutory definition of schools nurse, and includes clean-up language.

Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, and 22-34-1 through 22-34-9 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 Tuesday, September 19, 2023. The PED encourages the early submission of written comments.

 

Public Comment Period

 

The public comment period is from Tuesday, August 15, 2023, to Tuesday, September 19, 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 rule 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.