TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 30 EDUCATIONAL
STANDARDS - GENERAL REQUIREMENTS
PART 8 DISTANCE
LEARNING
6.30.8.1 ISSUING AGENCY: Public Education Department
(PED)
[6.30.8.1 NMAC - Rp,
6.30.8.1 NMAC, 9-30-08]
6.30.8.2 SCOPE: All
public schools, charter schools, nonpublic schools, home schools and schools or
institutions that serve delinquent children and youth who are detained
temporarily or who are committed for long-term care and rehabilitation. This
rule does not apply to the use of technologies or methods used in distance
learning programs when such technology or methods are used within a regular classroom
setting solely to supplement or aid classroom instruction.
[6.30.8.2 NMAC - Rp,
6.30.8.2 NMAC, 9-30-08]
6.30.8.3 STATUTORY AUTHORITY:
Sections 22-2-1, 22-2-2, 22-13-1.1, and 22-30-1et seq. NMSA 1978.
[6.30.8.3 NMAC - Rp,
6.30.8.3 NMAC, 9-30-08]
6.30.8.4 DURATION: Permanent
[6.30.8.4 NMAC - Rp,
6.30.8.4 NMAC, 9-30-08]
6.30.8.5 EFFECTIVE DATE: September 30, 2008, unless a
later date is cited at the end of a section.
[6.30.8.5
NMAC - Rp, 6.30.8.5 NMAC, 9-30-08]
6.30.8.6 OBJECTIVE: This rule establishes
requirements for statewide and locally administered distance learning courses
taken for credit or for a grade by distance learning students enrolled in
public school districts, charter schools, state-supported schools, nonpublic
schools, and home schools, and for children and youth detained or committed to
juvenile detention facilities or other facilities for the long-term care and
rehabilitation of delinquent children and youth, as well as for professional
development opportunities for teachers, instructional support providers and
administrators.
[6.30.8.6 NMAC - Rp,
6.30.8.6 NMAC, 9-30-08]
6.30.8.7 DEFINITIONS:
A. “Asynchronous instruction” means the course provider and
the distance-learning student do not interact at the same time and can, but
need not, utilize the internet.
B. “Council on technology in education” means the council
established pursuant to the Technology for Education Act [22-15A-5 NMSA 1978],
which advises the department on implementing educational technology, promotes
the collaborative development and implementation of educational technologies,
develops and recommends a statewide plan to the department related to
educational standards, and provides assistance to the department in reviewing
school district technology plans to support on-site and distance learning.
C. “Course provider” means a person, institution, or
organization that supplies educational course content for distance learning
courses.
D. “Department” means the public education department.
E. “Distance learning”
means the technology and educational process used to provide instruction for
credit or grade when the course provider and the distance-learning student are
not necessarily physically present at the same time or place. Distance learning
does not include educational software that utilizes only on-site teaching.
F. “Distance learning course” means an educational course
that is taught where the student and primary instructor are separated by time
or space and linked by technology.
G. “Distance learning irregularities” means any
circumstances within or beyond the control of a local distance learning site
that in the opinion of the department or a local distance learning site raises
doubts about the propriety of procedures followed, preparation or validity of
materials, testing administration, testing security, online security, or
teacher or student conduct.
H. “Distance learning student” means a qualified student as
defined in 22-8-2 NMSA 1978 who is enrolled in one or more distance learning
courses for credit.
I. “District coordinator” means the superintendent or
designee who administers and monitors the distance learning program in a public
school district or charter school.
J. “Dual credit course” means a
program of studies that allows high school students to enroll in college-level courses offered by public post-secondary educational institutions
that may be academic or career-technical in nature, but may not be
remedial or developmental, and through which students can simultaneously earn credit toward high school graduation and a post-secondary degree
or certificate.
K. “Enrolling district” means the school district or charter
school in which a distance-learning student is enrolled for the purposes of
compulsory attendance. Students shall have only one enrolling district for
purposes of membership.
L. “HED” means the higher education department.
M. “Innovative digital education and learning-New Mexico” or
IDEAL-NM means the operating program for the administration and management of
the statewide cyber academy.
N. “Local board” means the policy-setting body of a school
district or the governing structure of a charter school as set forth in the
school's charter.
O. “Local distance learning site” means a public school district
or charter school that offers and grants credit for distance learning courses
to distance learning students enrolled in public school districts, charter
schools or contracted nonpublic schools.
P. “Membership” means the total number of qualified students
as defined in 22-8-2 NMSA 1978.
Q. “Online” or “web based” means utilizing the internet.
R. “Public school” means that part of a school district that
is a single attendance center in which instruction is offered by one or more
teachers and is discernible as a building or group of buildings generally
recognized as either an elementary, middle, junior high or high school or any
combination of those and includes charter schools.
S. “Qualified distance learning student” means a qualified
student as defined in 22-8-2 NMSA 1978, who is also participating in distance
learning courses for credit or a grade.
T. “REC” means regional education cooperative.
U. “Regional host” means an educational institution, school
district or other entity selected by IDEAL-NM to coordinate the delivery of
distance learning courses within a broad geographic region of the state.
V. “Site coordinator” means a licensed school employee with
the responsibility to facilitate student completion of online courses,
including services related to student registration, monitoring student
progress, communicating with online providers, and ensuring that grades are
recorded on transcripts. Site coordinators shall not include substitute
teachers.
W. “Statewide cyber academy” means the collaborative program
among the department, HED, telecommunications networks and representatives of
other state agencies engaged in providing distance education. The statewide
cyber academy operates as IDEAL-NM.
X. “Student” means a qualified student as defined in 22-8-2
NMSA 1978.
Y. “Synchronous instruction” means the instructor and
students interact at the same time, even though they might not be in the same
physical location. Synchronous instruction includes:
(1) web-based instruction, including web
conferencing, that requires real time interaction between instructor and
student;
(2) two way interactive video;
(3) traditional face-to-face classroom
instruction; and
(4)
telephone based instruction.
[6.30.8.7 NMAC - Rp,
6.30.8.7 NMAC, 9-30-08]
6.30.8.8 GENERAL
PARAMETERS:
A. Distance learning courses provide an opportunity for
schools within the state to expand their course offerings and expand access to
learning resources. While distance learning technologies may occasionally be
used as full-time educational programming for students in unusual
circumstances, asynchronous distance learning shall not be used as a substitute
for all direct, face-to-face student and teacher interactions unless approved
by the local board of education.
B. Local distance learning sites shall provide onsite access
to the necessary technology for participation in distance learning courses
involving internet-based instruction.
C. Local distance learning sites
shall provide accompanying electronic formats that are usable by a person with
a disability using assistive technology, and those formats shall be based on
the American standard code for information interchange, hypertext markup language,
and extensible markup language.
D. Districts and charter schools
shall inform students about the distance-learning courses available to them.
E. Qualified distance-learning
students must receive grades or academic credits for taking a distance learning
course unless not taken for credit. Public school districts and charter schools
entering into written agreements with each other for distance learning courses
shall determine through such agreements which entity or institution shall be
responsible for granting students’ grades and credits. Should a district or
charter school determine that a student fails to comply with any provision of
this rule or the local distance learning site’s policies, in addition to any
other disciplinary actions, the student may be denied credit for the
distance-learning course or program in which the student was participating.
F. Should a local distance
learning site fail to comply with this rule, the department may disapprove
membership based on student enrollment in the distance learning courses or
programs.
[6.30.8.8 NMAC - Rp,
6.30.8.8 NMAC, 9-30-08]
6.30.8.9 PARTICIPATION AND MONITORING:
A. In order to participate in
distance-learning courses, a public school student must be enrolled in a public
school district, charter school, state institution or educational program
conducted in a state institution and must have the written permission of the
student’s enrolling district, charter school, state institution or educational
program conducted in a state institution.
B. School districts and charter schools providing
distance-learning courses to students statewide shall enter into written
agreements with students’ enrolling districts or charter schools prior to
providing distance-learning courses to students. The agreements shall, at a
minimum, include:
(1) the courses to be delivered;
(2) the delivery period;
(3) the financial arrangements;
(4) support mechanisms needed in behalf of
students;
(5) state assessment responsibilities on
behalf of students;
(6) identification of the responsible entity
and timelines for granting grades and credit; and
(7) a statement of assurance that all distance
learning courses meet or exceed state content standards with benchmarks and
performance standards and are taught by highly-qualified teachers.
C. If a student participates in a
distance learning course offered by a district or charter school other than the
student’s enrolling district, the student shall be counted only once as a
qualified student for state equalization guarantee funding purposes as defined
in 22-8-2 NMSA 1978, and for determining membership in the student’s enrolling
district. Any reimbursement for cross-district participation for distance
learning courses shall be arranged between the districts or charter schools
through signed written agreements.
D. Qualified distance learning
students participating in asynchronous distance learning courses must log on to
their distance learning courses at least the same number of days per week as
the traditional face-to-face classes occur at the schools in which they are
enrolled, and certify that they are the enrolled students. Students
participating in synchronous distance learning courses shall log on to their
computers at the scheduled class times and certify that they are the enrolled
students.
E. Each qualified distance
learning student participating in a distance learning course or program shall
be evaluated, tested and monitored and shall be subject to the statewide
assessments as required in the Assessment and Accountability Act. No student
shall be allowed to participate in the statewide assessments at a place other
than a department authorized site.
F. A qualified distance learning
student may participate in and receive credit or a grade for a distance
learning course that is at a different grade level than the student’s current
grade level. If allowed by district policy, a student may retake a course to
earn a higher grade. However, credit cannot be earned twice for the same
course.
G. Students enrolled in nonpublic schools and home school
students may participate in distance learning courses as provided in section 11
of 6.30.8 NMAC.
[6.30.8.9 NMAC - Rp,
6.30.8.9 NMAC, 9-30-08]
6.30.8.10 STATE
DISTANCE EDUCATION SERVICES:
A. The department and HED shall
create and maintain a single central facility for statewide distance education
services in New Mexico known as IDEAL-NM in cooperation with RECs, public
school districts, charter schools, and post-secondary institutions to
facilitate the delivery of distance learning courses statewide for students,
training courses for state agency employees, and professional development
courses for teachers, instructional support providers and school
administrators. IDEAL-NM shall, at a minimum, provide distance learning courses
for grades 6-12. Training courses for state agency employees and professional
development courses for teachers, instructional support providers and school
administrators shall be provided as resources permit.
B. IDEAL-NM shall define and coordinate the roles and
responsibilities of the collaborating agencies to establish a distance learning
governance and accountability framework.
(1) The department and HED shall administer
IDEAL-NM operations.
(2) The department and HED may establish an
advisory council to recommend policies and procedures relative to the vision,
goals, and implementation of distance learning course offerings by IDEAL-NM.
(3) The department shall ensure that each
distance learning course taught by IDEAL-NM meets state content standards with
benchmark and performance standards. IDEAL-NM courses may be provided to
schools and students pending department review, and during the time needed to
make any revisions required by the department.
C. IDEAL-NM shall develop and
maintain a distance education services plan that is statewide in scope and that
contains short- and long-term goals that supports the work of the council on
technology in education.
D. IDEAL-NM shall provide
technology and program support to regional hosts and local distance learning
sites via help desk, academic service, student service, and outreach training.
E. IDEAL-NM shall only use
teachers who meet the highly qualified teacher requirements of the Elementary
and Secondary Education Act of 1965 [20 U.S. Code 6301], or who are public
post-secondary faculty members.
F. Cost allocation:
(1) IDEAL-NM shall annually establish
per-semester course fees, subject to department approval, which shall be paid
on behalf of students taking distance-learning courses through IDEAL-NM.
(2) The course fees shall be collected and
used for teacher compensation and other per-course costs.
(3) Post-secondary educational institutions
may charge tuition for distance learning courses in accordance with their fee
structures except for high school students enrolled in credit courses as
provided in 21-1-1.2 NMSA 1978.
(4) IDEAL-NM may charge districts or teachers
for the per-course costs associated with the delivery of professional
development distance learning opportunities for teachers.
(5) IDEAL-NM may charge state agencies or
employees for the per-course costs associated with the delivery of agency
training courses for employees.
(6) IDEAL-NM may enter into agreements with
districts, charter schools and state agencies to waive course fees in exchange
for online teaching or other provided services.
(7) The department shall create an
intergovernmental agreement for districts and charter schools desiring to
enroll students in IDEAL-NM courses. Participation in IDEAL-NM courses is
contingent upon the district or charter school signing the intergovernmental agreement.
G. IDEAL-NM shall comply with all
federal and state statutes pertaining to student privacy, the posting of images
on the internet, copyright, or duplication of materials, and rules pertaining
to the public broadcasting of audio and video technology.
H. IDEAL-NM shall report online
coursework completed by students to the enrolling districts, which, in turn
shall award grades and credits according to local standards.
I. Schools shall release student demographic and course
completion information to IDEAL-NM for statistical purposes.
J. IDEAL-NM shall facilitate the
delivery of online dual credit courses in accordance with the provisions of
dual credit rules as per 5.55.4 NMAC and 6.30.7 NMAC.
K. IDEAL-NM shall provide an annual
report to the secretaries of the department and HED, the legislative education
study committee and legislative finance committee.
[6.30.8.10 NMAC - N,
9-30-08]
6.30.8.11 PARTICIPATION
IN IDEAL-NM:
A. Students enrolled
in nonpublic schools may participate in the distance learning courses offered
by IDEAL-NM if the school in which the student is enrolled enters into a
contract with the school district in which the nonpublic school is located.
Nonpublic schools participating in distance learning shall pay the same
per-semester course fee that school districts must pay to IDEAL-NM.
B. Home school students may
participate in the distance learning courses offered by IDEAL-NM by enrolling
for one-half or more of the minimum course requirements approved by the
department for public school students in the school district in which the
student resides; or, if the student is enrolled for less than one-half of the
minimum course requirements, the student may participate in distance learning
courses offered by IDEAL-NM by paying to the public school district where the
student is located, or directly to the department, not more than thirty-five
percent of the current unit value per curricular unit.
C. A student who is detained in or
committed to a juvenile detention facility or a facility for the long-term care
and rehabilitation of delinquent children may participate in the distance
learning courses offered by IDEAL-NM if the facility in which the student is
enrolled enters into a written agreement with the school district in which the
facility is located, or directly with the department.
[6.30.8.11 NMAC - N,
9-30-08]
6.30.8.12 LOCAL
POLICIES REGARDING DISTANCE LEARNING COURSES:
A. All local school boards and charter school governing
authorities shall adopt written policies providing for student access to
distance learning courses. The policies shall, at a minimum, include procedures
for:
(1) designating a district coordinator and a
school site coordinator; charter schools may designate school site coordinators
only;
(2) designating a school official to approve
or disapprove students’ requests to participate in any distance learning
courses or programs for credit or a grade pursuant to criteria established by
local school board or charter school governing authority policy;
(3) assigning scheduled class periods during
the school day that correspond to the number of distance learning courses
students are taking while making it possible for students to maintain a class
schedule which incorporates both distance learning courses and locally
scheduled classes without conflict;
(4) monitoring student progress;
(5) ensuring compliance with all federal and
state statutes pertaining to student privacy, the posting of images on the
internet, copyright or duplication of materials, and rules pertaining to the
public broadcasting of audio and video technology;
(6) ensuring the security of individual
student data and records under the Family Educational Rights and Privacy Act
[20 U.S. Code 1232g];
(7) ensuring that all teachers of distance
learning courses meet the highly qualified teacher requirements of the current
authorization of the Elementary and Secondary Education Act of 1965 [20 U.S.
Code 6301];
(8) establishing the written criteria and
approval process for determining the appropriateness of particular distance
learning courses for each individual student prior to student enrollment in
distance learning courses; including that all core curriculum delivered by
distance learning courses must meet or exceed the state content standards with
benchmarks and performance standards; and
(9) determining the process for the prompt
removal or non-use of a distance learning course provider should irregularities
or deficiencies in the provider’s services become apparent.
B. Districts and charter schools which utilize a distance
learning option not provided by IDEAL-NM must provide documentation to the
local school board that the distance learning course meets the state content
standards with benchmarks and performance standards.
[6.30.8.12 NMAC - N,
9-30-08]
6.30.8.13 SEVERABILITY: If any
part or application of this rule is held invalid by a court of competent
jurisdiction, the remainder or its application to other situations shall not be
affected.
[6.30.8.13 NMAC - N,
9-30-08]
HISTORY OF 6.30.8
NMAC:
History of Repealed
Material:
6.30.8 NMAC,
Distance Learning, filed 12-28-2006 - Repealed effective 9-30-08.