New Mexico
Register / Volume XXXV, Issue 5 / March 12, 2024
TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 19 PUBLIC
SCHOOL ACCOUNTABILITY
PART 4 ACCREDITATION
PROCEDURES
6.19.4.1 ISSUING AGENCY: Public
Education Department, hereinafter the department.
[6.19.4.1 NMAC - N, 7/1/2024]
6.19.4.2 SCOPE: This rule applies to
all school districts, charter schools, the educational programs of state
institutions, bureau of Indian education (BIE) schools, and private schools.
[6.19.4.2 NMAC - N, 7/1/2024]
6.19.4.3 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.
[6.19.4.3 NMAC - N, 7/1/2024]
6.19.4.4 DURATION: Permanent.
[6.19.4.4 NMAC - N, 7/1/2024]
6.19.4.5 EFFECTIVE DATE: July 1, 2024,
unless a later date is cited at the end of a section.
[6.19.4.5 NMAC - N, 7/1/2024]
6.19.4.6 OBJECTIVE: This rule establishes procedures for accreditation of all school
districts and public schools, and for the accreditation of the education
programs of all state institutions except the New Mexico military institute. This
rule also establishes procedures for the accreditation of private schools choosing
to seek state accreditation and BIE schools choosing to seek state
accreditation and establishes requirements for reporting to the department by
private schools not choosing to seek state accreditation and BIE schools not
choosing to seek state accreditation. This rule includes procedures for
department approval of accrediting
entities. For all schools within its scope, this rule outlines the
consequences of failure to submit required reports to the department and the consequences
of disapproval accreditation status.
[6.19.4.6 NMAC - N, 7/1/2024]
6.19.4.7 DEFINITIONS:
A. “Accreditation status” means either
approval or disapproval by the secretary of the adequacy and functionality of
an educational program. Public schools other than locally chartered charter
schools shall be designated with the annual accreditation status of their LEA
unless otherwise determined by the secretary.
B. “Accrediting
entity” means an organization capable
of evaluating the quality of an educational program pursuant to this rule.
C. "Attendance
improvement plan" means a tiered,
data-informed system for public schools and school districts to identify
students who are chronically or excessively absent and to aid public schools in
developing whole-school prevention strategies and targeted interventions, as
defined in Section 22-12A-2 NMSA 1978.
D. “Bureau
of Indian education school” or “BIE school” means a school that is funded by the bureau of Indian education,
located in New Mexico, provides instruction for first through twelfth grades,
and is not sectarian or denominational, and includes schools that are tribally
controlled.
E. “Days” means, unless otherwise specified in a provision in
this rule or applicable statute, business days when the period referenced is 10
days or less, and calendar days when the period referenced is 11 days or more.
In computing the number of days, exclude the day of the event that triggers the
period, and include the last day of the period.
If the last day is a day when the department is closed, the period
continues to run until the end of the next business day that the department is
not closed. Whenever a person or entity shall act under this rule within a
prescribed period after service of a notice or paper upon the person or entity,
and the notice or paper is served by mail or courier service, three calendar
days are added to the prescribed period.
F. “Educational
program” means a program that provides
for the education of school-age persons in state institutions, public,
nonpublic, or BIE schools.
G. “Evidence-based
practices” means activities,
strategies, and interventions informed and supported by rigorous research that
demonstrate consistent, positive impacts on student outcomes, and may include
practices that are supported by strong, moderate, promising, or
rationale-demonstrating evidence.
H. “Historically
defined Indian-impacted” means a
school district or a charter school that:
(1) serves at least 175 American Indian or Alaska Native
students and is located wholly or partially on tribal land;
(2) identified at least ten
percent of its overall student population as American Indian or Alaska Native
and is located wholly or partially on tribal land; or
(3) identifies at least forty-five
percent of its overall student population as American Indian or Alaska Native.
I. "Local
Education Agency" or “LEA” means
a school district or state-chartered charter school.
J. “Nonpublic school or private
school” means a school, other than a home school, that offers programs of
instruction and is not under the control, supervision, or management of a local
school board or a charter school governing body.
K. “School
index score” means the total score a
school earns on all required measures as defined by the department according to
the state’s system for annual meaningful differentiation detailed in the
state’s ESSA plan.
L. "Secretary" means
the secretary of the department.
M. “State accreditation” means approval by the secretary of an educational program’s adequacy of student outcomes and activities, organizational effectiveness, staff preparation, and other educational matters, as determined by the department. State accreditation of a nonpublic or BIE school means recognition by the department that the school meets standards set by an accrediting entity recognized by the department and has submitted required reports to the department.
N. “State
institution” means any state agency
except the New Mexico military institute that is responsible for educating
resident school-age persons, including the New Mexico school for the blind and
visually impaired and the New Mexico school for the deaf.
[6.19.4.7 NMAC - N, 7/1/2024]
6.19.4.8 PUBLIC SCHOOL ANNUAL ACCREDITATION REVIEW: Public
school districts, public schools, and educational programs of state institutions
shall report information to the department pursuant to Subsection I of Section
22-2-2 NMSA 1978. The quality and
content of required reports and of the educational programs represented by the
reports will be evaluated by the department for approval or disapproval accreditation
status. Pursuant to Subsection F of Section 22-2-2 NMSA 1978, the secretary’s
accreditation decision is based upon evidence of the adequacy of student
outcomes and activities, organizational effectiveness, staff preparation, and
other educational matters such as factors contributing to school index scores. Local
school districts, charter schools, and educational programs of state
institutions shall follow department guidance in submitting satisfactory
reports.
(1) Board training. Local school districts and charter
schools shall submit a report of the training completed in the current fiscal
year by each member of the school board as required by Sections 22-5-13 NMSA
1978 or by each member of the charter school governing body as required by
Section 22-8B-5.1 NMSA 1978, with the number of hours of training in each area
as required by Paragraph (3) of Subsection A of 6.29.1.9 NMAC and Sections 8 and 9 of 6.80.5
NMAC.
(2) Financial audit. Local school districts, charter schools, and
state institutions shall submit a report of the previous fiscal year’s financial
audit. The report shall include the date the audit was submitted as established
in Paragraph (1) of Subsection A of 2.2.2.9 NMAC.
(3) Program plans, budget, and actual
expenditures. Local school districts and
charter schools shall:
(a) update and submit by a department-assigned due date district-level
plans, and, as applicable, all school-level plans pursuant to Section 22-8-6
NMSA 1978 and 6.29.1 NMAC;
(b) update and submit an operating budget that is complete by
the department-assigned due date. The budget shall prioritize resources toward
proven programs and methods that are linked to improved student achievement and
demonstrate parental involvement in the budgeting process, pursuant to Sections
22-8-10 and 22-8-11, NMSA 1978;
(c) budget into the department-directed
funding codes at least as much funding for special education, gifted education,
and at-risk programs as revenue generated by the corresponding program units,
pursuant to Paragraph 2 of Subsection B of Section 22-8-11 NMSA 1978;
(d) ensure that each program generating program units in an
operating budget shall meet the requirements of law and the department's rules
and procedures, pursuant to
Paragraph 2 of Subsection B of Section 22-8-11 NMSA 1978; and
(d) report actual expenditures for each
school, pursuant to Subsection F of Section 22-2C-11 NMSA 1978.
(4) School enrollment. Via
the statewide data system, local school districts and charter schools shall
submit data for each school pursuant to Section 22-8-13 NMSA 1978.
(5) School accountability data. Local school districts and
charter schools shall submit to the department student assessment data required
by Section 22-2C-11 NMSA 1978 and longitudinal accountability data required by
Subsection K of Section 22-1-11 NMSA 1978.
(6) Attendance improvement.
Local school districts and charter schools shall submit reports of attendance improvement
and absence prevention strategies for each school, including attendance
improvement plans submitted to the department no later than 45 days after the
beginning of the school year pursuant to Section 22-12A-7 NMSA 1978 of the
attendance for success act.
(7) School safety plans.
Local school districts and charter schools shall submit school safety plans by
the department-determined due date and on a three-year cycle as required in
6.12.6.8 NMAC.
(8) Postsecondary plans.
Local school districts, charter schools, and state institutions shall submit to
the department a report of all students in grades eight through 12 at each
school who have on file a new or updated, complete, and signed individualized
next step plan, pursuant to Section 22-13-1.1 NMSA 1978 or an updated
individual education plan (IEP) or gifted individual education plan (GIEP) with
transition plan that meets next step plan requirements.
(9) Class loads, caseloads, and subjects
of instruction. Local school districts, charter schools, and state institutions shall report class loads, caseloads, and instructional
subject areas for each school. Charter schools may cite in their report a
current, nondiscretionary waiver of department requirements for class load,
teaching load, staffing patterns, and subject areas pursuant to Section 22-8B-5
NMSA 1978.
(a) Class
loads. The report of the number of students in general education classrooms
shall include: the class load for each elementary school teacher and, where
applicable, indication of the support of educational assistants; for each
school, the average class load for classrooms in grades one, two, and three;
for each school the average class load for classrooms in grades four, five, and
six; the daily teaching load for teachers in grades seven through 12, indicating
those teaching required English courses; and any conditions supporting a
request for waiver of class load requirements, pursuant to Subsection G of
Section 22-10A-20 NMSA 1978 and Subsection H of 6.29.1.9 NMAC.
(b) Caseloads. The report shall include the
student caseloads of school staff providing instruction or services required of
students’ individualized education programs (IEPs) and gifted individualized
education programs (GIEPs), categorized by level of service pursuant to Subsection
I of 6.29.1.9 NMAC.
(c) Counselors. The report shall include the
staff-to-student ratios, caseloads, and licensure types for school counselors
at each school.
(d) Subject
areas. The report shall include the instructional subject areas provided at
each school, addressing department-approved content and performance standards.
A school or school district failing to meet these minimum requirements shall
not receive approved accreditation status. Reports for grades nine through 12
shall include all credit-earning courses that are required or may
contribute to student graduation requirements as provided for in Section
22-13-1.1 NMSA 1978, including those that are advanced placement, international
baccalaureate, honors, or dual credit courses, and credits earned in the
process of completing an industry-recognized credential, certificate, or
degree. An assurance that final examinations are administered as part of all
credit-earning courses in grades nine through 12 shall accompany the report of
instructional subject areas. Reports for kindergarten through grade eight shall
include all required instructional areas of Section 22-13-1 NMSA 1978:
|
Table 1 Required
instructional subject areas in grades K-8 |
|
|
Grades |
Subjects |
|
K-3 |
daily instruction in
mathematics, reading, and language arts skills, including phonemic awareness,
phonics, and comprehension |
|
1-3 |
art music a language other than
English science mathematics reading and language arts,
including structured literacy instruction social studies physical education health education |
|
4-8 |
reading and language arts skills,
with an emphasis on writing and editing for at least one year and an emphasis
on grammar and writing for at least one year mathematics reading and language arts,
including structured literacy instruction language other than English communication skills science art music social studies New Mexico history United States history geography physical education health education electives that contribute
to academic growth and skill development and that provide career and
technical education. |
|
8 |
algebra 1 shall be offered
in general education classroom settings, online, or by agreement with high
schools |
|
6-8 |
media literacy may be
offered as an elective |
(10) Tribal consultation,
tribal education status reports, student needs assessments.
(a) Local school districts with tribal
lands in their boundaries shall include in the report the districtwide tribal
education status report provided to tribes and evidence of tribal consultation
pursuant to Section 22-23A-7 NMSA 1978 and 6.35.2.13 NMAC;
(b) Historically defined Indian-impacted
local school districts and charter schools shall include in the report the most
recent student needs assessment, systemic framework, accountability tool,
annual evaluation of the systemic framework, any requests to amend the systemic
framework or accountability tool, and the public statement as required by Sections
11 and 12 of 6.35.2 NMAC.
(c) Local school districts contemplating
opening or closing a school on tribal land for any reason shall include in the
report evidence of consultation with tribal leaders and members and families of
students who will be eligible to attend the public school pursuant to Section
22-5-4.13 NMSA 1978.
(d) Charter schools contemplating opening
or closing a school on tribal land for any reason shall include in the report
evidence of negotiation with the tribal government and consultation with
leaders, and members and families of students who will be eligible to attend
the public school pursuant to Section 22-8B-12.2 NMSA 1978.
(e) A school district or charter school
that is required under federal law to consult with tribal entities as a
condition of receiving impact aid funds shall include in its report the
detailed narrative of its consultations with tribal entities and the results of
those consultations as reported in the education plan pursuant to Section
22-8-6 NMSA 1978.
B. Citation of any current waivers of
educational program requirements shall accompany reports.
[6.19.4.8 NMAC - N, 7/1/2024]
6.19.4.9 ACCREDITATION
OF NONPUBLIC AND BIE SCHOOLS:
A. Nonpublic schools choosing to seek state
accreditation and BIE schools choosing to seek state accreditation shall obtain
and maintain accreditation from one of the accrediting entities approved by the
department. The school’s accreditation status conferred by the approved
accrediting entity shall satisfy the requirement of Paragraph (1) of Subsection
B of this section unless the entity’s approval is later suspended, limited, or
terminated by the department or unless the school’s accreditation status is
suspended, limited, or terminated by its own accrediting entity.
B. Annual report to ensure the health and safety
of New Mexico children. All nonpublic and BIE schools shall submit an annual
report, whether choosing to seek state accreditation or not choosing to seek
state accreditation. On a date set by the department and in a method prescribed
by the department, nonpublic and BIE schools shall update and submit the
following information to the department:
(1) the current accreditation status and schedule for
reaccreditation by a department-approved accrediting entity if applicable;
(2) a report of
immunization status records pursuant to Section
24-5-4 NMSA 1978;
(3) a report of the completion of required emergency drills, pursuant to
Section 22-13-14 NMSA 1978;
(4) a report of attendance pursuant to Subsection I of Section 22-2-2
NMSA 1978; and
(5) the school’s current attendance policy enforcing Sections
22-12A-1 through 22-12A-14 NMSA 1978, the Attendance for Success Act, pursuant
to Section 22-12A-6 NMSA 1978.
C. For nonpublic schools choosing to seek state
accreditation and BIE schools choosing to seek state accreditation, approval accreditation
status shall be based on review of the completeness and sufficiency of the
annual report described in Subsection B of this section.
D. The
department may observe the operation of a nonpublic school choosing to seek
state accreditation or BIE school choosing to seek state accreditation.
E. Any accrediting entity seeking approval by the department
shall contact the department by written inquiry and provide information
requested by the department demonstrating the accrediting entity’s:
(1) capacity to evaluate a school under set,
rigorous standards;
(2) reliance on accreditation standards for evidence-based
educational practices that facilitate student academic achievement;
(3) success outside the state of New Mexico, if any, as an
accrediting agency;
(4) policy and procedures for sharing educational research
data and results, academic standards, and school-specific accreditation reports
with the department;
(5) use of peer evaluation and periodic site visits to assess
whether a nonpublic school meets that entity’s standards and continues to meet
those standards;
(6) collection of documentation to verify that a nonpublic
school meets and continues to meet that entity’s standards; and
(7) authority to suspend, limit, or terminate its
accreditation of a school.
[6.19.4.9 NMAC - N, 7/1/2024]
6.19.4.10 ANNUAL
ACCREDITATION CYCLE: Before the end of each fiscal
year, school districts, charter schools, state institutions, and those nonpublic
schools choosing to seek state accreditation and BIE schools choosing to seek state
accreditation shall submit all required reports for accreditation.
A. The
secretary shall determine the accreditation status of school districts, public schools,
educational programs of state institutions, and any nonpublic schools or BIE
schools seeking accreditation.
B. A school district’s or school’s accreditation status
will remain in effect until the next determination has been made by the
secretary.
[6.19.4.10 NMAC - N, 7/1/2024]
6.19.4.11 ADMINISTRATIVE APPEAL HEARING
PROCEDURES: A school district, charter school, nonpublic school,
or BIE school may request a hearing with regard to the
determination of its accreditation status within 30 days of its issuance.
A. A hearing shall be held within 30
days of the date the secretary receives the request to convene the hearing.
B. The local school board, charter
school governing body, or governing body of a nonpublic or BIE school subject
to disapproval accreditation status may submit to the secretary along with the
request for hearing a written statement explaining why the school should
receive approval accreditation status.
(1) The written statement
shall address only the cause or causes for disapproval specified in the notice
and the reasons for opposing the decision, which, for public schools, shall
address the factors outlined in Section 8 of this rule, and for nonpublic or
BIE schools, shall address the factors outlined in Section 9 of this rule.
(2) The written statement
shall be submitted to the department’s office of general counsel.
C. Only matters relevant to the
contents of notice of disapproval accreditation status and the statement from
the local school board, charter school governing body, or governing body of a
nonpublic or BIE school required by this section may be raised at the hearing.
D. The
secretary or hearing officer may have the department’s legal counsel and other
department staff present at the hearing and may seek their advice at any time.
E. The
rules of evidence and rules of civil procedure shall not apply to the hearing.
F. The
hearing shall be presided over by the secretary, or a hearing officer designated
by the secretary, and shall be open to the public. A hearing officer shall,
within 30 days after the hearing, or sooner if requested by the secretary,
submit a recommended decision to the secretary.
G. The
secretary or hearing officer shall open the hearing by presenting a summary of
the reasons for the disapproval accreditation status.
H. The
local school board, charter school governing body, or governing body of a
nonpublic or BIE school shall then commence a presentation to show why the
secretary should not issue disapproval accreditation status.
I. The
local school board, charter school
governing body, or governing body of a nonpublic or BIE school may present
witnesses and introduce documentary evidence to rebut the secretary’s rationale
for issuing disapproval accreditation status. The local school board’s, charter school governing body’s,
or nonpublic or BIE school governing body’s presentation and witnesses may be
subject to objection or cross-examination. The department may also present
witnesses and introduce documentary evidence related to the disapproval
accreditation status. The department’s presentation and witnesses may also be
subject to objection or cross-examination.
J. The secretary or hearing officer
may question department staff or the local school board, charter school
governing body, or governing body of a nonpublic or BIE school subject to the
accreditation decision regarding the causes for the disapproval and the reasons
stated by the recipient for opposing the decision. The local school board, charter
school governing body, or governing body of a nonpublic or BIE school may also
question the department’s witnesses regarding the causes for the decision and
the reasons stated by the recipient for opposing the disapproval.
K. The secretary or hearing officer may
question witnesses and rule on admission of testimony or documentary evidence,
including exercising discretion to exclude incompetent, irrelevant, immaterial,
or unduly repetitious evidence.
L. The
secretary shall retain, modify, or withdraw the disapproval accreditation status
within 10 days after the date of submission of the hearing officer’s
recommended decision.
(1) The secretary’s decision shall be in writing and delivered
to the local school board, charter school governing body, or governing body of
a nonpublic or BIE school subject to the accreditation decision.
(2) The secretary’s written decision shall provide reasons for
the decision.
(3) The decision may be delivered by physical or electronic
mail to the address or email address of the recipient of disapproval
accreditation status.
M. The
local school board, charter school governing body, or governing body of a
nonpublic or BIE school subject to the accreditation decision may waive the
timelines provided in this rule by submitting such waiver to the secretary in
writing and signed by a person with authority to make the submission.
N. An
administrative record shall be made, including a record of the proceedings,
which may be an audio recording. Payment may be required for receipt of the
administrative record.
O. The
matter may be settled by the parties at any time prior to the conclusion of the
hearing. Any such agreement shall address the timelines provided in this rule
and shall be included in the administrative record.
[6.19.4.11 NMAC - N, 7/1/2024]
6.19.4.12 CONSEQUENCES
OF PUBLIC SCHOOL DISAPPROVAL ACCREDITATION STATUS:
A. A local school district or public school that has
received disapproval accreditation status shall not operate a school-based
early childhood education program, pursuant to Subsection B of Section
22-8-19.1 NMSA 1978.
B. In addition to conferring disapproval accreditation
status upon a local school district, a local school district’s school or
educational program of a state institution, the department may:
(1) require a locally developed plan to correct the
organizational or programmatic deficiencies contributing to disapproval;
(2) direct the organizational and educational program planning
of the local school district or a local school district’s school;
(3) suspend from authority and responsibility the school
board, superintendent, or school principal pursuant to Section 22-2-14 NMSA
1978;
(4) bring action in the district court for an order of consolidation of school districts, pursuant to Section
22-4-3 NMSA 1978;
(5) close the local school district’s school; or
(6) execute other remedies in the public school code that may
be appropriate.
C. In addition to conferring
disapproval accreditation status upon a state-chartered or locally chartered
school, the department may:
(1) suspend the principal from authority or responsibility
pursuant to Section 22-2-14 NMSA 1978;
(2) notify a charter school’s authorizer for
purposes of the suspension, revocation, or non-renewal of the charter of a
state-chartered or locally chartered school by the authorizer, as provided for
in Paragraph (5) of Subsection K of Section 22-8B-12 NMSA 1978; or
(3) execute other remedies in the public school
code that may be appropriate.
[6.19.4.12 NMAC - N, 7/1/2024]
HISTORY OF 6.19.4 NMAC: [RESERVED]