TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 30 EDUCATIONAL STANDARDS - GENERAL
REQUIREMENTS
PART 10 FINAL COURSE AND OTHER STUDENT GRADE CHANGES
6.30.10.1 ISSUING AGENCY: Public Education Department
[6.30.10.1 NMAC - N, 7-16-08]
6.30.10.2 SCOPE: This
rule shall apply to school districts and charter schools.
[6.30.10.2 NMAC - N, 7-16-08]
6.30.10.3 STATUTORY AUTHORITY: Sections 22-2-1, 22-2-2, and 22-13-1.1.
[6.30.10.3 NMAC - N, 7-16-08]
6.30.10.4 DURATION: Permanent.
[6.30.10.4 NMAC - N, 7-16-08]
6.30.10.5 EFFECTIVE DATE: July
16, 2008, unless a later date is cited at the end of a section.
[6.30.10.5 NMAC - N, 7-16-08]
6.30.10.6 OBJECTIVE: The
purpose of this rule is to establish minimal
requirements for those school districts and charter schools that seek to permit
changes to a student’s final course grades, and to require that school
districts and charter schools adopt written policies for any change to a
student’s grade. While a change
in a final course grade should be the exception and not the rule once a
classroom teacher has issued a final course grade, the enactment of
written policies coupled with consistent application of those policies should
result in the changing of grades only when warranted and should lead to
increased public confidence in the process.
[6.30.10.6 NMAC - N, 7-16-08]
6.30.10.7 DEFINITIONS:
A. “Department” means the New Mexico public education department and is
identified by the acronym, PED.
B. “FERPA” means rights, pursuant to 20 U.S. Code 1232g and 34
CFR Part 99, afforded to parents and students over 18 years of age with respect
to the student’s education records, that include the right to inspect and
review the student’s education records within 45 days, the right to request
amendment to the student’s education records for various reasons, the right to
consent or refuse to consent to disclosures of personally identifiable
information in the student’s records except for those records FERPA authorizes
disclosure without consent, and the right to file a complaint with the U. S. department
of education concerning non-compliance with FERPA.
[6.30.10.7 NMAC - N, 7-16-08]
6.30.10.8 REQUIREMENTS:
A. Nothing in this rule
is intended to prevent a school district or charter school from permitting a
teacher who has issued a course grade from changing or directing the changing
of that grade due to clear mistake or clerical error. Such grade changes involving corrections of
clerical errors should be authorized, documented and conducted in the manner
determined by the district or charter school in a duly adopted written policy.
B. Except as provided in Subsection A of Section 6.30.10.8
NMAC, no school district or charter school shall permit the changing of a
student’s final course grade until a course grade change policy is adopted or
amended by the local school board or governing authority of a charter school as
set forth below. A local school board or
governing authority of a charter school that permits or seeks to permit the
changing of a student’s final course grade shall adopt a policy that includes
the following minimum components:
(1) the
policy permits a course grade change upon receipt of a signed written request
from a student’s parent(s) or legal guardian or student of legal age that
states the reasons for the requested grade change;
(2) the
policy requires a written response to the grade change request by a set
deadline that states, among other things, whether the request is denied or
allowed and the grade entered if allowed;
(3) a
grade change is based on articulated reasons that are stated in the response
such as extenuating circumstances, additional graded work submitted by the
student, additional or make-up testing, or any other meaningful criteria that
can be verified;
(4) a
grade change is equally available to all students who are similarly situated;
(5) the policy requires strict adherence to FERPA;
(6) the policy requires a good faith attempt
to obtain the written input of the student’s classroom teacher who issued the
grade in dispute, who shall state reasons to support or oppose the requested
grade change and shall not be pressured into or retaliated against for making a
certain recommendation;
(7) the
policy requires the final written response to be made and signed in each case
by a clearly designated person or group of persons who approve(s) a final
course grade change and shall bear responsibility for ensuring that the local
school board or governing authority’s policy was followed;
(8) the
policy requires, unless a student is still enrolled in the school district or
charter at the time of the grade change request, the request to be within a
reasonable period of time after the student has exited the school unless
extenuating circumstances permit consideration of a longer time;
(9) determines
if course grade change documents are to be maintained in a student’s permanent
record or maintained in a separate file that is destroyed after the student
graduates, transfers from, or otherwise leaves the school; and
(10) in no
way limits or eliminates the rights afforded to parents under federal
regulations 34 CFR Sections 300.618 through 300.621 under the Individuals with
Disabilities Education Act, and 34 CFR Sections 99.20 through 99.22 under
FERPA, both as they relate to amendment of a student’s educational records.
C. A school district or charter school can impose stricter
measures than provided for in this section or elect not to permit any final
course grade changes. Stricter measures may
include the convening of a grade change committee or addressing verbal input
from parents. Additionally, a school
district or charter school that permits final course grade changes can adopt or
amend their employee discipline policies to address violations of or
non-compliance with those policies. Any
bargaining unit agreements for adopting policies that affect conditions of
employment or licensed employee discipline should be followed.
D. A local school board or governing authority of a charter
school that seeks to permit the changing of a student’s grade on a test or
class assignment shall adopt a policy that establishes criteria to be applied
and the procedures to be followed. No
such policy shall permit changing any test results on statewide tests used to
determine adequate yearly progress or graduation from high school. However, where there is a need to change such
a grade due to a clearly clerical mistake as where a student has been
misidentified, the district or charter school shall promptly notify the
assessment and accountability division of the department for guidance.
[6.30.10.8 NMAC - N, 7-16-08]
6.30.10.9 UNPROFESSIONAL CONDUCT:
A. It shall be considered unprofessional conduct pursuant to
Paragraph (23) of Subsection C of 6.60.9.9 NMAC for anyone holding or seeking to
renew their licensure issued by the department to:
(1)
permit the changing of a student’s final course grade contrary to the
course grade change policy adopted by a local school board or governing
authority of a charter school;
(2) knowingly withhold material information when asked
on whether a student’s grade should or should not be changed; or
(3) provide written recommendation for, or make a
final written response allowing, a final course grade change knowing that a
grade change under the circumstances is not warranted or that there has been a
material non-compliance with the district’s or charter school’s grade change
policy.
B. Any adverse licensure proceeding commenced by the department
under this rule shall be conducted pursuant to the Uniform Licensure Act [Sections
61-1-1 through 61-1-31 NMSA 1978] together with any applicable rule of the
department.
[6.30.10.9 NMAC - N, 7-16-08]
HISTORY
OF 6.30.10 NMAC: [Reserved]