New Mexico Administrative Code

New Mexico Higher Education Department.

An institution may be granted an exemption from obtaining distance education authorization, if the institution meets the criteria for exemption, set by the department. An institution seeking an exemption shall complete a DEA exemption form, published by the department. An institu…

Supervised field experience is a form of distance education which enables instruction from an experiential learning site. The experiential learning site will facilitate student participation in experiential learning activity which requires application of previously studied skills…

Institutions operating under the act shall apply for distance education authorization unless exempt pursuant to 5.99.1.10 NMAC. The department shall promulgate forms and require the institution to meet criteria as applicable to each of the following sectors: A. Public post-second…

A. Institutions granted DEA shall comply with department reporting procedures and submit institutional information and data on an annual basis using standard forms. Institutions granted DEA must comply with all reporting deadlines to be eligible for renewal or to remain in good s…

A. The department may assess application, administrative, or reporting fees and publish a fee schedule. B. The department shall assess fees for providing services associated with application review and making determinations of eligibility for DEA. C. The department shall assess a…

A. An institution shall adopt student complaint procedures which allow students to seek resolution to complaints or grievances. Institutions shall retain records that make available the student complaint received and record of processing the complaint (that comports with the inst…

A. Non-New Mexico SARA member institutions providing distance education to students located in New Mexico shall be governed by rules set forth by the national council for state authorization reciprocity agreements, the SARA manual, and the applicable regional compact. B. If a non…

SARA member institutions shall comply with the reporting requirements set out by the national council for state authorization reciprocity agreement.

Acting in the capacity of the state portal entity, the department will assess a non-refundable application fee for SARA home state applicants and publish a fee schedule. New Mexico home state institutions shall pay the state application fee prior to application or renewal applica…

A. SARA member institutions offering distance education to a student enrolled under SARA, shall be subject to the complaint procedures set out in 5.99.1.19 NMAC and the SARA manual. New Mexico home state SARA member institutions shall adopt complaint procedures for SARA students …

Provisions of 5.99.1 NMAC apply to public post-secondary institutions and private post-secondary institutions offering distance education to any student within New Mexico and the provision of distance education by participating New Mexico post-secondary educational institutions t…

Principles of good practice for quality distance education is an essential component of the department's agenda for higher education in New Mexico. The department endorses the principles of good practice established by the western interstate commission for higher education (WICHE…

A. An institution providing distance education under DEA or that is offering distance education pursuant to 5.99.1.10 NMAC shall maintain a plan for records maintenance and retention which may be inspected by the department. The plan shall consist of a records maintenance and dis…

A. Any institution operating pursuant to the act shall be subject to Section 21-23B-5 NMSA 1978. B. An institution found in violation of the act may be assessed a civil penalty not to exceed five hundred dollars ($500) per day per violation. C. An institution that does not submit…

Section 9-25-1 et seq. NMSA 1978, Section 21-1-26 NMSA 1978 and Section 21-23B-1 et seq. NMSA 1978. The Interstate Distance Education Act ("the act"), Sections 21-23B-1 through 21-23B-6 NMSA 1978 authorizes the New Mexico higher education department to adopt rules and regulations…

Permanent.

December 11, 2018, unless a later date is cited at the end of a section.

A. Unless expressly exempt pursuant to 5.99.1.10 NMAC, an institution shall obtain distance education authorization from the department if the institution either: (1) has a physical presence in New Mexico and engages in distance education with students located outside New Mexico;…

A. "Accreditation" means a verified accreditation status with an accrediting agency recognized by the United States department of education. B. "Department" means the New Mexico higher education department. C. "Distance education" means instruction offered online or through corre…

Engaging in one or more of the following activities constitutes a physical presence in New Mexico: A. ongoing occupation of a physical location in the state; B. maintenance of an administrative office to support the provision of higher education instruction; C. establishing a phy…

The following is a non-exhaustive list of activities, which if conducted by the institution, will not trigger a physical presence in New Mexico: A. advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; B. maintaining a…

New Mexico Higher Education Department.

A. An institution operating pursuant to 5.99.1 NMAC that has served notice of closure, substantial change to location, or intent to cease program offerings that contain enrolled students shall provide to the department a teach-out agreement or plan. B. An institution that is clos…

A. Prior to closure, an institution must ensure that records are in compliance with the functional records retention and disposition schedule in 1.21.2 NMAC, the records retention schedule set by the department, regulations of any other authorizing agency, or laws, regulations, a…

Before any post-secondary institution terminates its services or sells, transfers or disposes of substantially all of its assets, it shall submit to the department a summary of all actions taken pursuant to the requirements set forth in all applicable Sections of 5.99.2 NMAC. The…

Provisions of 5.99.2 NMAC apply to public and private post-secondary institutions offering distance education to any student within New Mexico and the provision of distance education by New Mexico post-secondary educational institutions to students in other states.

Section 9-25-1 et seq. NMSA 1978, Section 21-1-26 NMSA 1978 and Section 21-23B-1 et seq. NMSA 1978. The Interstate Distance Education Act, Sections 21-23B-1 through 21-23B-6 NMSA 1978 authorizes the New Mexico higher education department to adopt rules and regulations for the rec…

Permanent

December 11, 2018 unless a later date is cited at the end of a section.

No post-secondary educational institution engaging in distance education with students located in New Mexico or post-secondary educational institutions located in New Mexico engaging in distance education with a student located outside of New Mexico operating pursuant to 5.99.1 N…

A. "Accrediting body" means an accreditor or accrediting agency that has issued an accreditation status to the institution. B. "Custodian of records" means an entity with which the institution has arranged for the perpetual care, maintenance and accessibility of all records and t…

A. An institution shall provide formal written notice of closure to the department immediately upon gaining actual knowledge of the institution's intent to close, but no less than 90 days prior to closure. B. An institution shall provide formal written notice of substantial chang…

A. An institution operating pursuant to 5.99.1 NMAC that intends to cease provision of distance education, close, or make a substantial change to location must present a plan to the department. B. An institution that is required to seek approval of such a plan by an accrediting b…

State Board of Education

All public schools.

This regulation is adopted pursuant to Sections 22-2-9 and 22-5-4.5, NMSA, 1978.

Permanent

December 31, 1998

To require the proper display of the United States flag and the recitation of the pledge of allegiance.

A. "Flag," "stars and stripes," and "national flag" means the United States of America flag. B. "Union" means the blue filled with stars.

A. The United States flag shall be displayed and flown at all public schools throughout the state from sunrise to sunset on all days school is in session. Should another flag be flown or displayed during such period, it shall not be flown or displayed at a height greater than the…

A. When displayed over the middle of the street, the flag should be suspended vertically with the union to the north in an east and west street, or to the east in a north and south street. B. When displayed with another flag from crossed staffs, the flag of the United States of A…

Public Education Department

A. If the complaint concerns a violation by the department and meets the applicable requirements of 6.10.3.8 NMAC, the secretary of education or designee will appoint an impartial person or impartial persons to conduct an investigation. B. Investigation. The person or persons app…

An extension of the time limit under 6.10.3.9 NMAC and 6.10.3.10 NMAC of this rule will be permitted by the secretary of education or designee only if exceptional circumstances exist with respect to a particular complaint.

Public school districts, charter schools and agencies will disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school officials or representatives.

If any statute or regulation governing any federal program subject to this rule affords procedural rights to a complainant exceeding those set forth in this rule, such statutory or regulatory right(s) shall be afforded to the complainant. In acknowledging receipt of the complaint…

Public education department, local educational agencies, charter schools, public agencies, or consortia of agencies.

Sections 22-2-1, 22-2-2, and 22-9-3 NMSA 1978; 20 US Code Sections 1681 et seq; 42 US Code Section 11432(g)(1)(c), 34 Code of Federal Regulations Parts 106 and 299.