New Mexico Register / Volume XXXIV, Issue 21 / November 7, 2023
NOTICE
OF PROPOSED RULEMAKING
Public Hearing
The New Mexico Public Education Department (PED)
gives notice on Thursday, October 26, 2023, that it will conduct a public
hearing for the following proposed rulemaking on Monday, December 18, 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 6.10.5 NMAC, School Calendar
Requirements
Repeal
of 6.30.12 NMAC, K-5 Plus Schools
Repeal
of 6.30.16 NMAC, Extended Learning Time Program
New
Rule 6.19.4 NMAC, Accreditation Procedures
Repeal
of 6.81.2 NMAC, Requirements for Nonpublic Schools and for Public Education
Department Accreditation
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
6.10.5 NMAC, School
Calendar Requirements
Explanation: The purpose of the
proposed rulemaking is to incorporate changes enacted by House Bill 130
(HB130), K-12 Plus Program, from the 2023 Legislative session.
Summary: The proposed repeal and replace establishes requirements for the
length of a school year and day, instructional hours for students, and
professional work hours for teachers.
Statutory Authority: Sections 9-24-8, 22-2-1, 22-2-2, 22-2-8.1, 22-8-23.14,
22-13-1, 22-13-1.1, 22-13C-10, and 22-22-1 et seq. NMSA 1978.
6.30.12 NMAC, K-5 Plus
Schools
Explanation: The proposed repeal of
this rule is consistent with the repeal of the K-5 Plus program in statute
(Chapter 22, Article 13D NMSA 1978) by HB130, enacted during the 2023
Legislative session.
Summary: This proposed rulemaking repeals 6.30.12 NMAC, K-5 Plus Schools.
Statutory Authority: Sections 9-24-8, 22-2-1, and 22-2-2 NMSA 1978; Chapter 19
Section 5 Laws 2023.
6.30.16 NMAC, Extended
Learning Time Program
Explanation: The proposed repeal of
this rule is consistent with the repeal of the Extended Learning Time program
in statute (Section 22-8-23.10 NMSA 1978) by HB130, enacted during the 2023
Legislative session.
Summary: This proposed rulemaking repeals 6.30.16 NMAC, Extended Learning
Time Program.
Statutory Authority: Sections 9-24-8, 22-2-1, and 22-2-2 NMSA 1978; Chapter 19
Section 5 Laws 2023.
6.19.4 NMAC, Accreditation Procedures
Explanation: The purpose of the
proposed new rule is to establish procedures for the PED accreditation of
schools, including private schools and BIE schools seeking state accreditation,
and to effect requirements for reporting to PED by private schools and BIE
schools not seeking state accreditation.
Summary: For all schools within its scope, this rule outlines the annual
accreditation review requirements, details of the annual accreditation cycle,
procedures for administrative appeal, consequences of failure to submit
required reports to PED, and consequences of receiving disapproval
accreditation status. This rule includes procedures for PED approval of
accrediting entities.
Statutory Authority: Sections 9-24-8, 12-6-1, et seq., 22-1-11, 22-2-1,
22-2-2.1, 22-2-2, 22-2-8.1, 22-2-14,
22-4-3, 22-5-4.13, 22-5-13, 22-8-6, 22-8-11, 22-8-13, 22-8-13.1, 22-8B-5,
22-8B-12.2, 22-8-19, 22-13-1, 22-13-14, 22-23A-7, and 24-5-4 NMSA 1978, and
Section 1111(c)(4)(E) of the federal every student succeeds act.
6.81.2 NMAC, Requirements for Nonpublic Schools and for Public
Education Department Accreditation
Explanation: The purpose of the
proposed repeal of the rule is to place the accreditation procedures and
requirements for all types of schools in one new rule with significantly
greater scope, 6.19.4 NMAC, Accreditation Procedures.
Summary: This proposed rulemaking repeals 6.81.2 NMAC, Requirements for
Nonpublic Schools and for Public Education Department Accreditation.
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 Monday, December 18,
2023. The PED encourages the early submission of written comments.
Public
Comment Period
The
public comment period is from Tuesday, November 7, 2023, to Monday, December 18,
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.