TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 12 PUBLIC SCHOOL ADMINISTRATION
- HEALTH AND SAFETY
PART 14 COVID-19 SCHOOL REENTRY
REQUIREMENTS
6.12.14.1 ISSUING AGENCY: Public Education Department hereinafter
referred to as the department.
[6.12.14.1
NMAC – N/E, 12/3/2020]
6.12.14.2 SCOPE: The provisions of this regulation apply to
all public schools in New Mexico.
[6.12.14.2
NMAC - N/E, 12/3/2020]
6.12.14.3 STATUTORY AUTHORITY: Sections 9-24-8, 12-10-10, 22-2-1, and 22-2-2
NMSA 1978.
[6.12.14.3
NMAC - N/E, 12/3/2020]
6.12.14.4 DURATION: Permanent.
[6.12.14.4
NMAC - N/E, 12/3/2020]
6.12.14.5 EFFECTIVE DATE: December 3, 2020, unless a later date is
cited at the end of a section.
[6.12.14.5
NMAC - N/E, 12/3/2020]
6.12.14.6 OBJECTIVE: This rule establishes the requirements for
public schools’ operation during the pandemic.
[6.12.14.6
NMAC – N/E, 12/3/2020, A/E, 2/11/2021]
6.12.14.7 DEFINITIONS:
A. “Alternate work” means a temporary
change to the location, conditions, duties, schedules, reduction in number of
contacts with students and other staff and individuals, etc., due to public
health emergency-necessitated circumstances. Alternate work does not
automatically mean working from home.
B. "Full reentry
operating category" means the instructional model that permits all
students to return to in-person learning for the full school week, with
continued use of preventative measures including COVID-Safe Practices and other
practices in department guidance.
C. "High-risk
staff" means a person employed by a school or school district who is
65 years of age or older or has one or more of the following conditions that
places the person at an increased risk of severe illness from the virus that
causes COVID-19:
(1) cancer;
(2) chronic kidney disease;
(3) chronic obstructive pulmonary disease;
(4) down syndrome;
(5) heart conditions such as heart failure, coronary artery
disease or cardiomyopathies;
(6) immunocompromised state (weakened immune system) from solid
organ transplant;
(7) severe obesity (body mass index greater than 40 kg/m2);
(8) pregnancy;
(9) sickle cell disease;
(10) type 2 diabetes mellitus;
D. "Hybrid
operating category" means the instructional model wherein schools
assign a combination of some in-person learning days and some remote learning
days, while limiting the number of students who may be in the school building
at any given time by the number that can be accommodated while adhering to at
least six feet of social distancing and other criteria provided in guidance
documents, including limitations on the percentage of students eligible to be
on school premises at one time.
E. "Remote
operating category" means the instructional model that requires all
students to engage in remote learning, with limited possible exceptions, as
defined in department guidance, of students with disabilities and students in
grades pre-kindergarten through grade three to engage in in-person learning.
Schools should take all practical measures to provide each student with a
digital device and to provide support for in-home internet connectivity.
[6.12.14.7
NMAC – N/E, 12/3/2021, A/E, 1/29/2021, A/E, 2/11/2021, A/E, 3/24/2021]
6.12.14.8 REQUIREMENTS FOR SCHOOLS:
A. All public schools and local school districts shall:
(1) follow all public health orders and executive orders and
department guidance for the operation of schools and school premises, including
school transportation; testing programs detailed in department guidance;
(2) participate
in surveillance testing programs detailed in department guidance;
(3) adhere
to social distancing requirements;
(4) require all persons on school premises, and in school
vehicles, to wear face coverings per department guidance and current statewide
public health orders;
(5)
cooperate immediately and fully with department officials, environment
department officials, fire marshals, state police and other officials
conducting site visits and investigating COVID-safe practices; and
(6) to the extent possible, implement practices to promote
social emotional learning, support high quality teaching and learning, and
effectively communicate with tribal communities and families.
B. COVID-19 safe
practices. All local school
districts and public schools shall maintain communication with department of
health officials shall report all confirmed cases of COVID-19 in students,
staff, contractors and volunteers to the department and the environment
department as appropriate; and shall perform all COVID-19 safe practices
described or referenced in department guidance, such as:
(1) working with school administrators, school nurses, and other
healthcare providers to identify an isolation room or area to separate anyone
who exhibits COVID-like symptoms;
(2) closing off and limiting access to areas potentially
affected by COVID-19 exposure and, if possible, wait 24 hours before cleaning
and disinfecting;
(3) requiring school nurses and other healthcare providers to
use centers for disease control and prevention (CDC) recommended standard precautions
when caring for sick people, including:
(a) engaging in frequent hand hygiene;
(b) using personal protective equipment when there is an
expectation of possible exposure to infectious material;
(c) following respiratory hygiene and coughing etiquette;
(d) ensuring appropriate patient placement in quarantine or
isolation;
(e) ensuring the proper handling and disinfection of patient
care equipment and instruments;
(f) ensuring the careful handling of textiles and laundry;
(g) following safe injection practices; and
(h) ensuring healthcare provider safety, including proper
handling and disposal of needles and other sharps.
(4) requiring school nurses and other healthcare providers to
use CDC recommended transmission-based precautions when caring for sick people,
including:
(a) establishing procedures for safely transporting anyone who
is sick home or to a healthcare facility;
(b) closing
for 24 hours parts of school buildings if used by a COVID-19 infected person
then clean and disinfect before re-opening affected areas;
(c) advising
sick staff members and children not to return until they have met New Mexico
department of health criteria to discontinue home isolation; and
(d) informing
those who have had close contact with a person diagnosed with COVID-19 to stay
home and follow New Mexico department of health guidance.
C. Small group
instruction. School districts and
schools are permitted to provide small group instruction pursuant to department
guidance regardless of whether the school district or school is in the remote
learning, hybrid learning, or full reentry operational model.
D. Continuation of
Remote Learning. When in-person
learning is available through a hybrid operational model or full reentry
operational model, school districts and schools shall continue to offer remote
learning to students who choose remote learning.
E. Transportation. School districts and schools shall follow
department guidance, which requires students to sit in spaced and assigned
seating while being transported to and from schools, limits the number of
students who may be seated together on a bus seat, and sets forth detailed
requirements and suggestions for COVID-19 safe practices for the transportation
of students.
F. Student movement and
gathering. School districts and
schools in the hybrid or full reentry operating category shall keep students’
and student groups’ movements and gatherings safe pursuant to current
department guidance, which presently includes:
(1) limiting mixing among different student groups to the
greatest extent practicable;
(2) for class changes and other transitions throughout the day:
(a) designating flow paths in hallways to keep students
separated and minimize the congregation of students;
(b) planning staggered class changes to decrease the number of
students in the hallways at one time;
(c) having the same group of students stay with the same staff
in elementary school; and
(3) for student gatherings:
(a) avoiding large group gatherings, and abiding by the maximum
number of people allowed to congregate as defined by current public health
orders;
(b) prohibiting the congregation of students in parking lots and
common areas;
(c) staggering the schedules for group gatherings such as recess
or meals;
(d) identifying
and utilizing large spaces, such as gymnasiums, auditoriums, and outdoor spaces
as weather permits for social distancing; and
(e) following the New Mexico activities association’s guidelines
for extracurricular activities and similar congregate events.
G. Staffing. All school districts and schools shall follow
public health orders, executive orders and department guidance as updated from
time to time and shall:
(1) train
staff in local and state rules regarding health and safety procedures, such as
appropriate use of personal protective equipment and procedures for when school
personnel or students exhibit symptoms of COVID-19; and
(2) establish processes, aligned with school district or charter
school human resource departments to process formal requests for reasonable
accommodations under the Americans with Disabilities Act (ADA) and leave under
the Family Medical Leave Act (FMLA). Professional development, other trainings
and staff meetings conducted in-person on school premises require staff to
remain socially distanced at a distance of six feet or more apart from each
other and adhere to all other COVID-Safe Practices; otherwise, professional
development, other trainings and staff meetings must be conducted remotely.
H. Tribal sovereignty. School districts and schools shall honor
tribal sovereignty and abide by applicable tribal public health orders, tribal
executive orders and tribal council resolutions.
[6.12.14.8
NMAC – N/E, 12/3/2020, A/E, 1/29/2021, A/E, 2/11/2021, A/E, 3/24/2021]
6.12.14.9 [RESERVED]
[6.12.14.9
NMAC – N/E, 12/3/2020, A/E, 1/29/2021; Repealed 2/11/2021]
6.12.14.10 [RESERVED]
[6.12.14.10
NMAC – N/E, 12/3/2020, A/E, 1/29/2021; Repealed 2/11/2021]
6.12.14.11 [RESERVED]
[6.12.14.11
NMAC – N/E, 12/3/2020, A/E, 1/29/2021; Repealed 2/11/2021]
6.12.14.12 [RESERVED]
[6.12.14.12
NMAC – N/E, 12/3/2020; Repealed 2/11/2021]
HISTORY OF
6.12.14 NMAC: [RESERVED]